HomeMy WebLinkAboutCity Council - 09/20/2022
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 20, 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. STRATEGIC PLAN FOR COMMUNITY DEVELOPMENT
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 20, 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
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 6, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 6, 2022
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST B. SECOND READING OF ORDINANCE TO AMEND CITY CODE
CHAPTER 11 RELATING TO EXTERIOR BUILDING MATERIALS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO STORMWATER MANAGEMENT AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION AND AUTHORIZE ENTRY INTO LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS)
E. ADOPT RESOLUTION DECLARING COSTS, ORDERING
CITY COUNCIL AGENDA September 20, 2022
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PREPARATION OF 2022 SPECIAL ASSESSMENT ROLL, AND SETTING HEARING DATE
F. APPROVE AGREEMENT WITH SRF FOR PRAIRIE CENTER DRIVE AND SINGLETREE INTERSECTION IMPROVEMENTS
G. AWARD CONTRACT TO VALLEY RICH CO., INC. FOR WATERMAIN VALVE REPAIRS
H. APPROVE AGREEMENT WITH REZATEC GLOBAL, INC. FOR PERFORMING WATER DISTRIBUTION PIPELINE ASSESSMENT AND PROVIDING PIPELINE LEAKAGE RISK MANAGEMENT PLAN
I. APPROVE AGREEMENT WITH SAMBATEK FOR CIVIL ENGINEERING AND DESIGN SERVICES FOR REHABILITATING FOUR SANITARY
SEWER LIFT STATIONS
J. AWARD CONTRACT TO KILLMER ELECTRIC COMPANY, INC. FOR MILLER PARK LIGHTING INSTALL
K. AUTHORIZE AGREEMENT WITH WSB FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR FLYING RED HORSE MONUMENT
L. AWARD CONTRACT TO AURORA ASPHALT & CONCRETE FOR EDEN PRAIRIE 2022 SIDEWALK HAZARD REPAIR
M. AWARD CONTRACT TO ODESSA II FOR STARING AMPHITHEATER AND RETAINING WALL IMPROVEMENTS IX. PUBLIC HEARINGS / MEETINGS
A. CODE AMENDMENT FOR TEMPORARY SALES EVENTS by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to
Temporary Sales Events (Ordinance) B. CODE AMENDMENT FOR SIGN CODE by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Sign Code (Ordinance) X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. ADOPT NEW SECTION IN CITY CODE, 5.78, RELATED TO SALT STORAGE (Ordinance) XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
CITY COUNCIL AGENDA September 20, 2022
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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
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 6, 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. RACE EQUITY INITIATIVE UPDATE
Klima presented on the implementation of the Race Equity Report. There are 22
recommendations total in the report. In addition to the recommendations, there are suggested
actions to inspire Staff. After the City Council accepted the Race Equity Report, the
implementation shifted to staff responsibility. There were individual department meetings to
see what the work means within those departments. The individual department meetings
launched the formation of the Eden Prairie Race Equity Action Team (REAT). The
membership was determined by the individual departments, and there are a wide variety of
roles represented. The REAT mission statement is “As the REAT, we are committed to
facilitating progress as we work collectively to promote diversity, equity and inclusion within
our organization and the community we serve.” There are three primary responsibilities:
accountability, collaboration, and engagement. The accountability piece includes tracking,
assessing progress on the recommendations, and communicating actions and initiatives to
internal and external stakeholders. Collaboration includes supporting diversity, equity, and
inclusion goals by sharing ideas and progress. Engagement includes reporting back to each
department, Human Rights and Diversity Commission (HRDC), Council, and the community
members the City is serving. In return they will receive feedback on the community
member’s needs and learn how the City can best support their needs. The first task REAT
was asked to complete is to identify current and planned activities that support the race
equity initiative recommendations. This helps establish a baseline. They will continue to
implement the recommendations and report progress of implementation goals to internal and
external stakeholders. Staff created an implementation tracking document to be utilized as a
resource for information on efforts across the City. Departments will be building these
actions into their work plans as well.
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Narayanan inquired if there is a shared document REAT is working on or managing in
software such as Sharepoint. Klima responded there is a document in a shared drive
employees have access to. At some point there would be some metrics to begin tracking.
Narayanan inquired if the City has a project manager. Getschow replied often divisions do
their own project management, sometimes with the help of IT. Depending on the division,
there are many different software management tools being utilized. Case inquired if there are
Staff who are six sigma certified. Getschow replied no.
Babar Khan, HRDC member, inquired about utilizing a software to have the historical
knowledge of the process such as Microsoft Project. Getschow responded City Staff have
shared drives and documents, and Staff may already be using a specialized software that
would suite their needs for project management and tracking.
Case stated specific project management details can be discussed at a later time if needed.
Getschow noted the City has a specialized software to track the performance dashboard.
Klima noted all six areas of inquiry have existing work being done. All six departments are
doing work in at least one area. Each of the 22 recommendations have documented or
existing planned activity being done. Yerks presented some implementation highlights. In the
police department, there has been work on Emergency Response recommendations two and
three. These goals center around community engagement activities. Recommendation two is
the implementation of sub-beats. This would assign officers to be liaisons to specific
geographic areas in the City to build and strengthen relationships. This program was
launched late spring as the Neighborhood Police Officers (NPOs). The new community
liaison officer, Juliette Glynn, has been out organically creating connections and
relationships with the police department. This role combines investigative duties with
community liaison work. A social worker, Molly Mitley, has also been paired with Eden
Prairie police. Some of the areas she is involved in are mental health, chemical health, and
vulnerable adults. Chris Wood added Molly has been a great asset to the team. She gets
referred to a lot of calls and will also come out to an active scene.
Narayanan inquired if other cities are doing similar initiatives. Yerks replied within
Hennepin County there are a number of departments who are partnering with social workers.
The social workers are Hennepin County employees, so they also have the ability to rely on
one another. Narayanan asked if sub-beats are typical with other cities. Wood replied he is
not aware of the concept happening in other cities. It is relatively new. Toomey asked if a
resident would be connected to their specific neighborhood officer if they call the City.
Wood responded a caller would be identified by their address and connected with the officer.
Yerks stated the fire department is working towards Emergency Response recommendation
three and community experience recommendation one. For recommendation three they are
exploring additional initiatives or programs that support crime prevention and community
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building initiatives. Fire has already started working with Prairie Meadows multi-family to
do fire safety education and fire extinguisher training. From that encounter, fire department
Staff were then invited to their ice cream social. Recommendation one works to devote more
resources to promoting block parties and community events to gather residents of different
cultures. One recent example is the pop-up splash pads. Another educational piece they are
bringing to various locations in September is the cooking demo trailer.
Gerber added Staff is being innovative to go out into the community and to fill a need while
also providing education on fire safety. Nelson added it is great to see Staff and the fire
department going out to multi-family units.
Narayanan inquired if there are local community leaders the City is partnering with. Yerks
replied the concept is similar to neighborhood watch. Wood added the neighborhood watch
program is still ongoing and the neighborhood police officers do try to meet with those
groups. Narayanan added maybe a refresh of the program name would be helpful.
Yerks presented on Parks and Recreation department’s work towards facilities and programs
recommendation number two. They have a new outreach budget area and are redirecting
funds toward finding and serving members of the community currently underrepresented in
fee-based programs as well as purchasing equipment for loan-out. One area this has been
utilized is creating a new supervisor - youth sports and community programs role. This
position will provide department-wide leadership in creating partnership and bringing
programs into neighborhoods or other venues.
Freiberg inquired how much money has been allocated. Lotthammer responded it is a little
over ten thousand dollars, and those dollars have been moved from a different line item.
Some of these funds are being seen with pop up splash pads and bringing free, loan-out
equipment at neighborhood parks. Freiberg asked if the funds also allow for free programs.
Lotthammer replied in the past there has been about eight to twelve thousand dollars in
scholarship funding. The scholarship program itself does not reach everybody. In recent
years Staff has looked at those who have registered for programs and where there are gaps in
the system. This has guided Staff to know where to bring programs in the City at no cost.
Nelson asked if People Reaching Out to People (PROP) also has scholarship funds for parks
and recreation programming. Lotthammer noted many of the people they serve are not
getting involved in those ways, but if there are kids involved with PROP’s services they often
consider involvement in programs. There are also ongoing free programs for adults such as
fitness in the parks. Nelson inquired about funding for sports or other activities for older age
kids. Lotthammer responded many of the sports associations do provide assistance for sports.
Yerks added Staff worked with Reta Johnson, the homeless liaison for the school district, for
the recent Cops and Bobbers event. Through their program, a number of students were signed
up to attend Cops and Bobbers. Lotthammer added they are trying to figure out who they are
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not reaching in the traditional ways for programming. Nelson inquired about the ability to
translate the park and recreation registration page. Getschow replied he believes the website
has those capabilities to pair with translation services, but he will confirm.
Khan inquired about the involvement and outreach to Black and Indigenous People of Color
(BIPOC) about their wants or needs. Lotthammer responded registration does not include
identifying information such as race. Much of the information being collected and used is
based on income level. Narayanan suggested reaching out to other nonprofits to collaborate
such as Eden Prairie Community Foundation and PROP. Toomey added Eden Prairie Crime
Fund. Lotthammer added PROP is helpful about directing children toward City programs.
Yerks presented on public works connection to community recommendation number four.
They have continued to implement recommendations from Eden Prairie Bicycle and Ped Plan
using input from Somali Moms Group, Senior Center and ECFE group. Resulting actions
have included capital improvement projects to remove barriers in the system. They have
since removed barriers at multiple problem intersections. They have more projects planned in
the next few years as well. In regard to human resources, the recruiting, hiring, and retention
recommendation number one is being worked on. Human resources will be strengthening
training and processes for interviewers and hiring managers to promote diversity, equity, and
inclusion (DEI) in the interviewing and onboarding process. The additional DEI training
includes understanding, identifying, and challenging subconscious biases we all have that can
create different barriers for candidates during the hiring process. Initially, the goal is to
provide this training to Hiring Managers, and then it will be extended to additional peer
interviewers. In regard to communications, they are focusing on community recommendation
number one. Staff are creating a DEI page on the City website and will be featuring an article
in the fall 2022 Life in the Prairie newsletter. The vision is to continually update the page as
the DEI journey continues. Rose stated the interview process has always been collaborative
across departments, so the training will span all the departments. Case inquired about early
recruitment in high school. Rose responded the City is partnering with school liaison officers
to have youth apply with the City. The City is also refreshing its recruitment video.
Yerks presented on community development and their work on community experience
recommendation two. They are researching and exploring the potential benefit and
opportunity in use of a scorecard for equity in development. Klima added it is being looked
at regionally and nationally, and it can be used to further engage the community and evaluate
development proposals.
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 6, 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, City Planner Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT CONTRIBUTION FOR ARTS IN THE PARK FROM UPTIME ENERGY DRINKS (Resolution No. 2022-96)
Lotthammer explained Arts in the Park is Eden Prairie’s annual art fair that
welcomes local and regional artists and makers to beautiful Purgatory Creek Park where they can sell their artwork, homemade beauty products, artisan foods, unique clothing and more. There are many family-friendly events. Uptime Energy Drinks has given a donation to support the event.
Case pointed out donations allow the City to further stretch tax dollars. MOTION: Toomey moved, seconded by Narayanan, to adopt the Resolution accepting the contribution in the amount of $500 for Arts in the Park from
Uptime Energy Drinks. Motion carried 5-0.
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V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Narayanan moved, seconded by Freiberg to approve the agenda as
published. Motion carried 5-0. VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 16, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 16, 2022 MOTION: Nelson moved, seconded by Narayanan to approve the minutes of
the Council workshop held Tuesday, August 16, 2022, and the City Council
meeting held Tuesday, August 16, 2022, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST B. ADOPT RESOLUTIONS 2022-97 AMENDING RESOLUTION 2022-64
AND ADOP RESOLUTION 2022-98 AMENDING RESOLUTION 2022-66 EXTENDING DEADLINE RELATING TO PROJECT APPROVALS AND TIF APPROVALS FOR GTS HOUSING C. APPROVE AGREEMENT WITH EXCEL LAWN AND LANDSCAPE
FOR SNOW AND ICE MANAGEMENT SERVICES D. APPROVE CHANGE ORDER NO. 3 WITH VALLEY PAVING, INC. FOR 2022 PAVEMENT MANAGEMENT PROJECT
E. APPROVE CONTRACT WITH ROCHESTER CONCRETE PRODUCTS FOR SINGLETREE RETAINING WALL MATERIALS F. APPROVE AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT TESTING FOR 2023 PAVEMENT REHAB PROJECT
MOTION: Toomey moved, seconded by Narayanan, to approve Items A-F on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
A. CODE AMENDMENT FOR EXTERIOR BUILDING MATERIALS by
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City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Exterior Building Materials (Ordinance)
Klima explained City Code Section 11.03, Subd. 3 (K) establishes the City’s architectural standards. This section was most recently amended in 2016 in conjunction with the Council’s approval of the City’s Design Guidelines. Staff is proposing housekeeping amendments to the Code’s Architectural Standards
Section to clarify provisions related to building materials, including fiber
cement usage, painted brick, and class I material usage on single-story buildings. Klima stated in 2016, the Code was amended to allow fiver cement as a Class I
material in R1-2.5 zoning district only. One piece of the proposed change
includes the addition of language stating that fiber cement shall not be the most predominant material used on a façade. The intention is to communicate expectations to developers sooner, increase efficiency, and decrease costs.
Case asked if a developer could do 49 percent fiber cement and 51 percent of
another material. Klima stated it depends on the breakdown of the different elements on the façade. If brick was 50 percent of the building, then fiber cement would have to be less than 49 percent.
Narayanan asked if the change would impact building cost. Klima explained it
would save developers cost because there would be fewer plans submitted to the City. Case pointed out Narayanan was asking if fiber cement is a more affordable
material as that could impact developers’ interest. He asked Narayanan had
concerns about that. Narayanan explained he has heard frustration that the development costs in Eden Prairie are higher. Getschow stated fiber cement is a more affordable material, but Eden Prairie
would have to compare the guidelines of various cities to see the impact of
codes on the cost for development. He noted he doesn’t think it is significant. The cost of the land is the most expensive component of a development project.
Case stated if the building cost is increased, it may deter developers from
wanting to build in Eden Prairie. However, they still want high design standards. Freiberg asked if they are concerned about the appearance of fiber cement or
the quality of the material. Klima stated the research was completed before the
initial amendment to the code which confirmed fiber cement is a high-quality
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material worthy of being considered a Class I material. Also, it is more affordable than glass and brick. However, there are other more affordable
materials also on the list of Class I materials.
Klima stated the other proposed amendment would permit fiber cement as Class I in all Commercial, TOD, and Town Center districts that permit multiple family dwellings.
Klima added in 2016, language was added in code that prohibits painted brick. Allowing painted brick increases flexibility in design and aesthetics. Provisions in City Code exist to address any maintenance concerns. The proposed amendment strikes this language, which effectively would permit
painted brick in the City.
Case stated brick is mostly maintenance-free. However, the explanation is to allow for less maintenance. He asked if they want to introduce something that would need to be maintained instead of brick already not needing much
maintenance.
Klima agreed there is a maintenance aspect to painting brick. When previous requests have come in, Staff has requested materials and information about staining or painting and has guided the citizens to use the most low-
maintenance option.
Getschow noted all of the proposed amendments went through the Planning Commission. Klima stated the Planning Commission voted 7-0 to recommend approval of the changes.
Klima stated the last part of the amendment relates to single-story buildings. Currently, Class I materials shall be used in the ground level of the building in certain areas. The draft amendment clarifies that this only applies to the base of a multi-story building in the districts. There is a direct reference made to the
Design Guidelines policy document which includes the discussion about the
requirement and the visual guideline. Case asked if Staff has looked at what other cities have done for the same issue. Klima explained Staff has reached out to several cities with similar
development patterns and the proposed amendments are in line with the
information received. There were no comments from the audience.
MOTION: Toomey moved, seconded by Narayanan to close the public
hearing, and to approve the 1st Reading of the Ordinance to Amend City Code
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Chapter 11 relating to building material standards.
Nelson asked if a building that can be seen from all four sides would require
Class I materials to be used on all of the sides. Klima stated the split of materials is required on all four facades. Narayanan asked if 75 percent of the total façade must be Class I materials or if
75 percent of each side must be Class I materials. Klima stated each face must
include 75 percent of Class I materials. VOTE ON THE MOTION: Motion carried 5-0.
B. CODE AMENDMENT FOR INCIDENTAL SIGNS by City of Eden Prairie.
First Reading of Ordinance to Amend City Code Chapter 11 Relating to Incidental Signs (Ordinance) Klima explained earlier this year, City Council approved a code amendment to
make the sign code content neutral, removing all content references to sign
regulations, and making general housekeeping edits. Inadvertently in this amendment process, the City’s regulations regarding directional signs were removed due to the content-based definitions and regulations but were never replaced. This proposed amendment seeks to reinstate the lost sign allowances
through content neutral regulations while providing additional clarification
within the sign code. Case noted the Supreme Court has required that local government does not treat political or non-political signs differently. Klima stated the amendment
does not run afoul of any Supreme Court rulings, and it doesn’t impact
campaign signs. There were no comments from the audience.
MOTION: Narayanan moved, seconded by Nelson, to close the public
hearing, and to approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to signs. Motion carried 5-0. C. CODE AMENDMENT FOR STORMWATER MANAGEMENT by City of
Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11
Relating to Stormwater Management (Ordinance) Ellis explained Eden Prairie adopted the land alteration, tree preservation and stormwater management section of code, City Code Section 11.5, on February
16, 2006. This was, in part, in response to the U.S. Environmental Protection
Agency in 1999 and the Minnesota Pollution Control Agency in 2005
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regulating stormwater discharges in small, urbanized areas like Eden Prairie. The City applied for its first National Pollutant Discharge Elimination System
(NPDES) Phase II Municipal Separate Storm Sewer System (MS4) Stormwater
Permit in 2005. Over the years, the Permit has been amended to impose new requirements on MS4s. This necessitates occasional changes in City Code to ensure compliance with Permit requirements. Also, it addresses some gray areas currently in the Code.
There were no comments from the audience. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing, and to approve the 1st Reading of the Ordinance to Amend City Code Chapter
11 relating to stormwater management. Motion carried 5-0.
X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Narayanan to approve the payment of
claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER
1. Resolution No. 2022-99 Certifying Proposed 2023 Property Tax Levy, Accepting Proposed 2023 Budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy Case explained the levy needs to be set as a ceiling in accordance with State
guidelines.
Getschow explained Minnesota Law and administration rules prescribe a detailed process for public notification and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy
and certify that amount to the county auditor on or before September 30, 2022.
In addition, the City Council must accept a proposed budget for the coming
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year.
Getschow showed a slide with a timeline for the rest of the budget process.
The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28.
Getschow noted the budget process is a two-year budget with multiple year preparation by Staff. They have engaged with the community to better inform the budget. Very little of what was proposed the previous year has changed.
Getschow stated the proposed General Fund Revenue Budget has a proposed
decrease since the previous year. Federal money related to COVID-19 has impacted the City and will continue to be used throughout the years to counteract lost revenues due to the pandemic.
Getschow stated the General Fund Expenditure Budget has a proposed 3.4
percent increased. The numbers are below inflation. Public safety is above the cost of inflation because some positions have been added to the Police Department and Fire Department. Administration saw a decrease because there is not an upcoming election.
Getschow showed a slide with a pie chart depicting the budget by category. He explained a large majority of expenditures are for wages and benefits. Getschow stated the general fund levy is proposed to go up 4.5 percent. The
debt levy will not be increased at all. The City continues to see growth in
commercial property. Taxes from the commercial property goes into a pool which impacts the levy due to fiscal disparities. Getschow stated the overall General Fund has a 3.4 percent increase with the
total budget seeing a similar increase. He showed a slide with a list of 15 other
cities and their proposed 2023 tax levies. Eden Prairie is the lowest. He noted the levies are currently only preliminary, but it would be hard for most cities to get down to the same 3.4 percent as Eden Prairie.
Getschow noted Eden Prairie has seen a lot of increase in property values.
Additionally, there has been a lot of investment in all sectors. The average home went up in value by 19 percent. This drops the tax rate to the lowest it has been in over a decade. The City Tax Rate is 28.95 percent for 2023, which is one of the lowest in the metro.
Getschow explained the median value home in Eden Prairie was $430,400 in
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2022 and is valued at $513,200 in 2023. If a resident’s home increased less than 10 percent, there will be a decrease in taxes. The tax increase or decrease
depends on how much a home’s value changed. Any residences with a value
increase of more than 25 percent would only see a City tax increase of $197. Case stated the Council wants to increase the tax base and manage the land development. When the tax base increases, people pay less taxes. Increasing
the tax base has a positive impact on homeowners, renters, and others in Eden
Prairie. It is a wonderful dynamic. Case added the State legislature may change the proportions of what different communities may pay such as apartments or single-family homes, or
commercial properties.
Getschow explained Eden Prairie has one of the lowest tax rates for a person that were to move into the State and look for a $500,000 home. The action in question is for the Council to set the ceiling levy. There will be other
opportunities for the Council to provide input and discuss changes to the levy.
Case explained the budget is a reflection of what the Council and the people of Eden Prairie prioritize.
Toomey asked how Eden Prairie came in at the lowest. Getschow stated the
City is doing a compensation study, and there has consistently been cushion built in to account for inflation. Several of the costs are spread out over a 10-year period, which helps to keep costs down. There are some upcoming capital projects that may need to be delayed based on inflation, but the finance team
has created enough room to avoid making any last-minute changes to the
budget. Getschow added other cities may be taking on brand new debt levies or adding Staff positions to catch up to necessary service levels. However, it was
interesting that 14 of the comparison cities were above five percent.
Case pointed out Eden Prairie has about 60 percent residence and 40 percent commercial. The City doesn’t rely on sales tax at all, similar to how Bloomington does. Bloomington was severely impacted during the pandemic
for that reason.
Narayanan stated Eden Prairie has nearly perfected the process of budgeting. In the past, Eden Prairie has been in fourth or fifth place for the lowest tax levy, but it has slowly moved to the lowest tax levy over time.
Case noted the other cities may still have a decrease as the numbers are
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preliminary. He added the residents have been responding well to surveys to help inform the levy and budget process.
Narayanan agreed with Getschow that the long-term planning in Eden Prairie is very beneficial. For example, the tax levy was barely impacted by inflation. He asked if the residential and commercial tax rate are the same.
Getschow stated a portion of commercial is taxed at a City rate while the other
portion is taxed at a rate set by the metro to address fiscal disparities. Residences are taxed at the City rate. Nelson explained she was initially surprised that the levy is 4.5 percent because
the City tends to keep the levy under four percent. However, considering the
additions to the Police and Fire Departments, it is a very good levy. The City must continue to tax responsibly while keeping up with the services offered to the community.
Freiberg noted one of the priorities of the Council is safety in the City, and
slightly increasing the levy to better fund public safety is key. It is important that Eden Prairie has such a low levy while still prioritizing safety of its community.
Case added the City has experienced a lot of savings due to sustainability
choices it has made. Eden Prairie Staff has promoted a lot of innovation where other cities have copied their efforts. For example, the City created a method to address cracks in the roads. The Staff is very hardworking and efficient.
Getschow noted employees have been innovative with street maintenance and
snow plowing. The City has won awards for plowing and also is on the forefront of implementing technology and sustainable options. Nelson agreed Staff do what citizens need and want without cutting corners
while saving money.
Case pointed out several people want to work for the City, and they have several applicants whenever there is an opening. Toomey pointed out many Staff have been with the City for several years.
MOTION: Narayanan moved, seconded by Toomey, to adopt the resolution that certifies the proposed 2023 property tax levy to be $44,909,284; and sets December 6, 2022, as the meeting which will include discussion of the budget and provide for public comment; and accepts the proposed 2023 budget of
$57,395,407; and consents and approves the HRA tax levy of $205,000. Motion carried 5-0.
CITY COUNCIL MINUTES September 6, 2022
Page 10
Case noted his appreciation of the various perspectives represented on the
Council that also works well together.
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:05 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 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
On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal
Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Ben Schneider
ITEM DESCRIPTION:
Housekeeping amendments to City Code Chapter 11 relating to building material standards
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to building material standards.
• Adopt a Resolution Approving the Summary Ordinance and ordering the publication of
said summary Synopsis This is the second reading of the ordinance amending City Code Chapter 11 relating to building material
standards. City Code Section 11.03, Subd. 3 (K) establishes the City’s architectural standards. This
section was most recently amended in 2016 in conjunction with the Council’s approval of the City’s Design Guidelines. Staff is proposing housekeeping amendments to the Code’s Architectural Standards Section to clarify
provisions related to building materials, including fiber cement usage, painted brick, and class I material
usage on single-story buildings. Attachments
Ordinance Amending Section 11.03 Related to Building Materials
Resolution approving the Summary Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, RELATING TO EXTERIOR BUILDING
MATERIALS; 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. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a) is hereby amended by replacing “Class 1” with “Class I.” Section 2. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a) is hereby
amended by renumbering the existing (a)(8) as (a)(9) and adding a new (a)(8) as follows:
(8) Fiber cement is allowed as a Class I material only in multi-family buildings in the RM-2.5, TC, C, and TOD districts that allow multiple family dwellings as a permitted use. In such instances, fiber cement must not be the most predominant building material
used on a façade; and
Section 3. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a)(9) (as renumbered by Section 2 above) is amended by deleting the sentence: “Fiber Cement Siding is allowed as a Class I material in the RM-2.5 district only.” Section 4. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a)(9)iii. is amended by deleting the sentence “Painted brick is prohibited.” Section 5. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a)(9)iv. is
amended in its entirety to read as follows:
iv. In the C, OFC, TC, TOD, and PUB districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City’s Design Guidelines. Section 6. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(b)(10)iii. is
amended by deleting the sentence “Painted brick is prohibited.” Section 7. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(b)(10)iv. is amended in its entirety to read as follows:
iv. In the Industrial (I) districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City’s Design Guidelines.
Section 8. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(c) is
amended in its entirety to read as follows:
(c) In all districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5, a maximum of twenty-five percent (25%) of each façade of the exterior building finish may include the following:
(1) Stucco; (2) Metal; (3) Exterior Insulation and Finish System (EIFS); (4) Wood as trim or edging material only;
(5) Plastic as trim or edging material only;
(6) Vinyl as trim or edging material only; and (7) Other materials equal to or better than these listed above submitted with specifications for installation and maintenance per industry standards and as approved by the City Planner.
Section 9. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 5 is hereby deleted in its entirety. Section 10. 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 11. 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 6th day of September, 2022, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of September, 2022.
_________________________________ _________________________________,
Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___2022 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2022 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 20th day of September, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2022 is lengthy.
B. The text of summary of Ordinance No. __-2022, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2022 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on September 20th, 2022. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Katie O’Connor, Deputy City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, RELATING TO EXTERIOR BUILDING MATERIALS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 11, Section 11.03, Subdivision 3, Subsection K
related to exterior building material standards. The amendment expands the allowance of fiber cement as a class I material on multi-family buildings to additional zoning districts; clarifies that fiber cement shall not be the most predominant building material used on a façade; removes a provision that had prohibited the use of painted brick on building façades; and clarifies building
material standards for single-story non-residential buildings.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________ Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Public Works/Engineering Patrick Sejkora
ITEM DESCRIPTION:
Code Amendment - Stormwater Management Amendment
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to stormwater management.
• Adopt a Resolution Approving the Summary Ordinance and ordering the publication of said
summary. Synopsis
This is the final approval of an ordinance relating to stormwater management.
Attachments Ordinance
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO STORMWATER
MANAGEMENT; 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. City Code Chapter 11, Section 11.55, Subd. 2 is amended by inserting alphabetically the following new definition: Impervious Surface means a constructed hard surface that either prevents or retards
the entry of water into the soil and causes water to run off the surface in greater
quantities and at an increased rate of flow than prior to installation of the hard surface. Examples include rooftops, sidewalks, patios, driveways, parking lots, and concrete, asphalt, or gravel roads.
Section 2. City Code Chapter 11, Section 11.55, Subd. 5, Subsection C is amended by deleting
the phrase “MPCA publication ‘Protecting Water Quality in Urban Areas’” and replacing it with the phrase “Minnesota Stormwater Manual”. Section 3. City Code Chapter 11, Section 11.55, Subd. 6, Subsection C is amended by deleting
items 1 through 4 and replacing them with the following:
1. Retain a runoff volume equal to one (1) inch times the area of the proposed new and fully reconstructed impervious surfaces onsite.
2. For linear projects, retain a runoff volume equal to the greater of one (1)
inch of runoff from the new impervious surface or one-half (0.5) inch of
runoff from the sum of the new and fully reconstructed impervious surfaces created by the project.
3. Pretreatment in the form of sump structure, vegetated filter strip, water quality inlet or other Sediment control method to settle particulates
approved by the City shall be provided for all filtration and infiltration areas.
4. Calculations, modeling and design for and installation of Infiltration BMPs must be provided.
5. No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice.
Section 4. City Code Chapter 11, Section 11.55, Subd. 6, Subsection D is amended by deleting items 1 through 4 and replacing them with the following:
1. Where industrial facilities are not authorized to infiltrate industrial Stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution Control Agency (MPCA).
2. On land where vehicle fueling and maintenance currently occur, regardless of the amount of new and fully reconstructed impervious surface.
3. Where there is less than three (3) feet vertical feet of separation from the bottom of the Infiltration BMP to the elevation of seasonally saturated soils or the top of bedrock.
4. Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating Stormwater. Documentation regarding type and extent of
identified contaminants identified, such as a Phase I Environmental Site Assessment or the MPCA’s site screening assessment checklist, must be provided.
5. Where predominately Hydrologic Soil Group D (clay) soils exist.
6. Where soil Infiltration rates exceed 8.3 inches per hour, unless soils are
amended to slow the infiltration rate below 8.3 inches per hour.
7. Within one thousand (1,000) feet up-gradient, or one hundred (100) feet down-gradient of active karst features. The city may require the applicant to perform additional appropriate geotechnical investigations in areas of
suspected active karst or shallow bedrock.
8. In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as defined by the Minnesota Department of Health.
9. In an ERA within a DWSMA classified as moderate vulnerability, unless
the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater.
10. Outside of an ERA within a DWSMA classified as high or very high
vulnerability, unless the permittee performs or approves a higher level of
engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;
Section 5. City Code Chapter 11, Section 11.55, Subd. 6, Subsection E is amended by deleting
items 1 through 8 and replacing them with the following:
1. Where the bottom of the Infiltration basin will be less than three (3) feet above the normal water level of any adjacent wetland.
2. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13.
3. Within fifty (50) feet of an outdoor salt stockpile or storage area.
4. Where vehicle fueling and maintenance previously occurred.
5. Within the Wellhead Management Zone (WMZ) of any City well.
Section 6. City Code Chapter 11, Section 11.55, Subd. 6, Subsection F, Item 2, is amended in the last sentence by adding the words “or easements” after “right-of-way”.
Section 7. City Code Chapter 11, Section 11.55, Subd. 6, Subsection F is amended in the first sentence after Item 2 by adding the phrase “wet sedimentation basins,” after “alternatives such as”; and “systems” after the word “Filtration”.
Section 8. City Code Chapter 11, Section 11.55, Subd. 6, Subsection G, Item 3, is amended by
deleting the item in its entirety and replacing it with the following: 3. Mitigation projects must be completed within twenty-four (24) months after the start of the Construction Activity or Land Alteration. If the permittee
determines more time is needed to complete the treatment project, the
permittee must provide the reason(s) and schedule(s) for completing the project in the annual report. Section 9. City Code Chapter 11, Section 11.55, Subd. 7, Subsection E, is amended by deleting
the subsection in its entirety and replacing it with the following:
E. Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of one-half (0.5) inches
or more. Any Erosion or breach in an Erosion Control System must be corrected
within forty-eight (48) hours of identifying the Erosion or breach. Correction may include, but is not limited to: rehabilitation of an Infiltration practice; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; and/or replacement of landscape vegetation.
Inspections shall include, but are not limited to, evaluation of the following items:
1. Stabilization of exposed soils (including stockpiles);
2. Stabilization of ditch and swale bottoms;
3. Sediment control BMPs on all downgradient perimeters of the project and
upgradient of buffer zones;
4. Storm drain inlet protection;
5. Energy dissipation at pipe outlets;
6. Vehicle tracking BMPs;
7. Preservation of a fifty (50) foot natural buffer or redundant sediment
controls where stormwater flows to a surface water within fifty (50) feet of
disturbed soils;
8. Owner/operator of construction activity self-inspection records;
9. Containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds, and other
construction materials); and
10. Maintenance and functionality of BMPs.
Documentation for each inspection must be provided to the City in a format approved by the City within forty-eight (48) hours of the inspection.
Section 10. City Code Chapter 11, Section 11.55, Subd. 7, Subsection F, is amended in the third
sentence by deleting the phrase “within forty-eight (48) hours” and replacing it with the phrase “within ninety (90) days”. Section 11. City Code Chapter 11, Section 11.55, Subd. 7, Subsection G, is amended by adding
the following new sentence after the end of the subsection: “The survey shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). The survey shall also be in a format compatible with the City’s current GIS software.”
Section 12. City Code Chapter 11, Section 11.55, Subd. 8, Subsection D, is amended by inserting the following new Item 4 and renumbering the remaining items accordingly: 4. A dewatering and basin draining plan.
Section 13. City Code Chapter 11, Section 11.55, Subd. 8, Subsection D, is further amended in Item 9 (as renumbered as provided in Section 12 above) by adding the words “inspect, maintain, and” after “used to”.
Section 14. City Code Chapter 11, Section 11.55, Subd. 14, is amended by deleting the subdivision in its entirety and replacing it with the following: Subd. 14. Adopted by Reference. The Minnesota Stormwater Manual and Minnesota’s Construction Stormwater General Permit published by the Minnesota
Pollution Control Agency are hereby adopted and incorporated by reference. Section 15. 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 16. This ordinance will 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 6th day of September, 2022, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of September, 2022.
_________________________________ _________________________________
Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___2022 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2022 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 20th day of September, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2022 is lengthy and contains charts.
B. The text of summary of Ordinance No. __-2022, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2022 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on ___________, 2022. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Katie O’Connor, Deputy City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO STORMWATER MANAGEMENT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY
PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11, Section 11.55 of the City Code related to
stormwater management. The amendment adds definitions to the Section; repeals outdated requirements and conditions and inserts new requirements and conditions consistent with MPCA and MS4 requirements; inserts new requirements for stormwater management on linear projects; details infiltration requirements and prohibitions; provides additional guidelines for off-site stormwater treatment; and housekeeping amendments to make 11.55 more user-friendly.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
____________________________ ______________________________ Katie O’Connor, Deputy City Clerk Ron Case, Mayor
PUBLISHED in the Sun Sailor on ____________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT:
Alecia Rose, Administrative
Services and Human Resources Director
ITEM DESCRIPTION:
Resolution and Contract with Law Enforcement Labor Services, Inc.
ITEM NO.:
VIII.D.
Requested Action
Move to: Adopt Resolution and authorize entry into labor contract with Law Enforcement Labor Services, Inc. (LELS). Synopsis
Negotiations occurred between the City and LELS in the summer of 2022. Through negotiations, a tentative agreement was reached and supported by staff in September 2022. Attachments
Resolution City of Eden Prairie and LELS Contract
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION APPROVING AND IMPLEMENTING THE 2023-2024 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND LAW
ENFORCEMENT LABOR SERVICES, INC. (LOCAL #430) WHEREAS, the current Labor Agreement between the City and Law Enforcement Labor Services Inc. (Local #430) (“LELS”) governing police patrol officers expires on December 31,
2022; and
WHEREAS, the City and LELS participated in contract negotiations on a new Labor Agreement governing the period from January 1, 2023 through December 31, 2024 and reached a tentative agreement in August 2022 which is attached hereto as Exhibit A; and
WHEREAS, the tentative agreement is subject to the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota that: (i) the 2023–2024 Labor Agreement between the City of Eden Prairie and
Law Enforcement Labor Services Inc. (Local #430) attached as Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the agreement.
ADOPTED by the Eden Prairie City Council this 20th day of September, 2022.
__________________________
Ronald A. Case, Mayor
ATTEST:
__________________________
Katie O’Connor, Deputy City Clerk
2
EXHIBIT A
2023–2024 Labor Agreement between City of Eden Prairie and Law Enforcement Labor Services, Inc. (Local #430)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION:
Adopt Resolution Declaring Costs, Ordering Preparation of 2022 Special Assessment Roll, and Setting Hearing Date
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2022 Special
Assessment Hearing roll, and setting Hearing date.
Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The
assessments levied are for projects which have reached the point of substantial completion since
the previous hearing and supplemental assessments for such things as trunk utility assessments, connection fees and contracted removal assessments. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney.
Attachments Resolution Exhibit A - 2022 Special Assessments
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2022 SPECIAL ASSESSMENT ROLLS AND
SETTING HEARING DATE
WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City’s share, exclusive of that
assignable to City Property, are established as shown on the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as
set forth in Exhibit A.
2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and
shall file a copy of such proposed assessment in the office of the City Engineer for public
inspection. 3. A hearing shall be held on the 18th day of October 2022, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time
and place all persons owning property affected by such improvements will be given an
opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the
hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of
each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 20, 2022.
Ronald A. Case, Mayor
ATTEST: SEAL
Katie O’Connor, Deputy City Clerk
EXHIBIT A
2022 SPECIAL ASSESSMENTS September 20, 2022
Project Supplementals Total Cost Deferred Amt to be Assessed
Trunk Sewer and Water $41,654.08 $0.00 $41,654.08
Trunk Sewer and Water and Connection Fee $28,440.65 $0.00 $28,440.65
Tall Grass/Weed Removal $6,156.00 $0.00 $6,156.00
Tree Removal $18,788.34 $0.00 $18,788.34
Tree Removal – 3 Year Term $3,370.00 $0.00 $3,370.00
Tree Removal – 5 Year Term $4,590.00 $0.00 $4,590.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
September 20, 2022
DEPARTMENT/DIVISION
Carter Schulze Public Works / Engineering
ITEM DESCRIPTION #22825
Approve Professional Services Agreement with SRF Consulting Group for the Prairie Center Drive and Singletree Lane Intersection Improvements
ITEM NO.
VIII.F.
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group for the Prairie Center Drive and Singletree Lane Intersection Improvements. Synopsis
This Professional Services Agreement will provide design services for intersection improvements to the roadway including modifications to pedestrian accommodations, vehicle operations and traffic signal modifications. Background Information
The City of Eden Prairie engaged with SRF to conduct a study of this intersection focusing on roadway characteristics, safety (both vehicular and pedestrian), and capacity (level of service). As expected, the higher volume movements through this intersection are the southbound thru/left and westbound right. Likewise, these two movements are also where the crashes have
historically occurred resulting in a crash rate above critical, according to MnDOT standards. Following the recommendations of the study, this improvement project aims to improve operations and safety, specifically around these two movements, using flashing yellow arrow signal timing benefits and improved geometrics. Other goals of the project include upgrades to ADA features and accessibility.
Financial Implications The Professional Services Agreement with SRF has a not to exceed cost of $103,632.00. The sources of funding include the City’s municipal state aid account, the transportation fund and the
storm water utility fund. Attachment Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 20th day of September, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Prairie Center Drive and Singletree Lane Intersection Improvements project hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Proposal Letter dated September 1, 2022) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general
or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from September 20, 2022 through February
28, 2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $103,632.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
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actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10.Independent Consultant. Consultant is an independent contractor engaged by City toperform 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 thisAgreement, who shall be employees, and under the direction, of Consultant and in norespect employees of City, and (ii) shall have no authority to employ persons, or makepurchases of equipment on behalf of City, or otherwise bind or obligate City. No statementherein shall be construed so as to find the Consultant an employee of the City.
11.Insurance.a.General Liability. Prior to starting the Work, Consultant shall procure, maintain andpay for such insurance as will protect against claims or loss which may arise out ofoperations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shallinclude, but not be limited to, minimum coverages and limits of liability specified inthis Paragraph, or required by law.
b.If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meetingall the requirements of this paragraph 11, and Consultant must include in its contractwith subcontractors the requirement that the City be listed as an additional insured oninsurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicatingthat the City is an additional insured on the subcontractor’s insurance policy; and (ii)submit to the City a copy of Consultant’s agreement with the subcontractor for purposesof the City’s review of compliance with the requirements of this paragraph 11.
c.Consultant shall procure and maintain the following minimum insurance coverages andlimits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
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Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d.Commercial General Liability. The Commercial General Liability Policy shall be onISO 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 aninsured contract (including the tort liability of another assumed in a business contract).There shall be no endorsement or modification of the Commercial General Liabilityform arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e.Professional Liability Insurance. In addition to the coverages listed above, Consultantshall maintain a professional liability insurance policy in the amount of $2,000,000.Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.Consultant agrees to maintain the professional liability insurance for a minimum of two(2) years following termination of this Agreement.
f.Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is notavailable.
g.All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h.All policies, except the Professional Liability Policy, shall apply on a “per project”basis.
i.All General Liability policies, Automobile Liability policies and Umbrella policiesshall contain a waiver of subrogation in favor of the City.
j.All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k.All polices, except the Worker’s Compensation Policy, shall insure the defense andindemnity obligations assumed by Consultant under this Agreement. The Professional
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Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l.Consultant agrees to maintain all coverage required herein throughout the term of theAgreement and for a minimum of two (2) years following City’s written acceptance ofthe Work.
m.It shall be Consultant’s responsibility to pay any retention or deductible for thecoverages required herein.
n.All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewedwithout ten (10) days’ prior notice to the City.
o.Consultant shall maintain in effect all insurance coverages required under thisParagraph at Consultant’s sole expense and with insurance companies licensed to dobusiness in the state in Minnesota and having a current A.M. Best rating of no less thanA-, unless specifically accepted by City in writing.
p.A copy of the Consultant’s Certificate of Insurance which evidences thecompliance with this Paragraph, must be filed with City prior to the start ofConsultant’s Work. Upon request a copy of the Consultant’s insurance declarationpage, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewalcertificates shall be provided to City prior to the expiration date of any of the requiredpolicies. City will not be obligated, however, to review such Certificate of Insurance,declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce theterms of Consultant’s obligations hereunder. City reserves the right to examine anypolicy provided for under this paragraph.
q.Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless theCity, 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 necessaryto 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 regardlessof the extent to which the underlying occurrence (i.e., the event giving rise to a claimwhich would have been covered by the specified insurance) is attributable to the
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negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i.Furnish and pay for a surety bond, satisfactory to the City, guaranteeingperformance of the indemnity obligation; orii.Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12.Indemnification. Consultant will defend and indemnify City, its officers, agents, andemployees and hold them harmless from and against all judgments, claims, damages, costsand expenses, including a reasonable amount as and for its attorney’s fees paid, incurredor for which it may be liable resulting from any breach of this Agreement by Consultant,its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors andemployees, relative to this Agreement. City will indemnify and hold Consultant harmlessfrom and against any loss for injuries or damages arising out of the negligent acts of theCity, its officers, agents or employees.
13.Ownership of Documents. All plans, diagrams, analyses, reports and informationgenerated in connection with the performance of the Agreement (“Information”) shallbecome the property of the City, but Consultant may retain copies of such documents asrecords of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve anyliability on the part of the Consultant, but any use of the Information by the City or theConsultant beyond the scope of the Project is without liability to the other, and the partyusing the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14.Mediation. Each dispute, claim or controversy arising from or related to this agreementshall be subject to mediation as a condition precedent to initiating arbitration or legal orequitable 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 withthe American Arbitration Association and the other party. No arbitration or legal orequitable action may be instituted for a period of 90 days from the filing of the request for
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mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15.Assignment. Neither party shall assign this Agreement, nor any interest arising herein,without the written consent of the other party.
16.Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to theprovisions of services to be provided. Any violation of statutes, ordinances, rules andregulations pertaining to the services to be provided shall constitute a material breach ofthis 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 ofthe City shall have a financial interest, direct or indirect, in this Agreement. The violationof 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 beentitled 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 andCity agrees not to hire any employee or former employee of Contractor prior to terminationof 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 withthe 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 isin furtherance of the City’s public purpose mission and shall be construed, interpreted, andapplied 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 anyprevious agreements presently in effect between the parties relating to the subject matterhereof. Any alterations, amendments, deletions, or waivers of the provisions of this
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Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
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examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or preparedor assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shallnot affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
SRF Consulting Group, Inc.
By:
Its:
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity / Affirmative Action Employer
SRF No. 15870.PP
September 1, 2022
Carter Schulze, PE
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Subject: Proposal for Professional Services for Final Design for Prairie Center Drive and
Singletree Lane Intersection Improvements, Eden Prairie, Minnesota
Dear Carter Schulze:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to
provide professional services for the final design of improvements to the above referenced
intersection. The City has engaged SRF’s traffic engineers to study operations and investigate safety
concerns at the intersection. The results and recommendations from the study will provide a basis
for proposed intersection improvements to the roadway including modifications to curb and gutter,
pedestrian accommodations, and the traffic signal. We have made some initial assumptions regarding
proposed modification to develop our scope of services.
Scope of Services
We propose to carry out the work described as follows:
1. Project Management – This task will include coordination and communication with City
staff including bi-weekly check in meetings (virtual) to provide project updates.
2. Roadway Design – Our work will include:
a. Topographic field survey.
b. Gathering available record drawings.
c. Utility coordination and GSOC, collecting existing utility data, and two utility
coordination meetings.
d. Preparation of a 30% geometric layout and cost estimate based on recommended
southbound dual left turn lanes and westbound free right (slip lane option) from
traffic study, including ADA pedestrian accommodations.
e. Preparation of 60% plans including ADA compliant ped ramps, modified curb and
gutter, modification to sidewalk/streetscape design in NE quadrant, modified signal
system, and estimated construction cost.
f. Preparation of draft 100% plans and specifications for City and State Aid review and
updated estimated construction cost.
g. Final approved plans, specifications, and cost estimate.
3. Water Resources – Our work includes miscellaneous storm sewer modifications at the
intersection and coordination with Riley Purgatory Bluff Creek Watershed District and an
erosion control permit application.
4. Traffic Signal Design – This task includes preparation of a Signal Justification Report (or
Signal Justification Letter if appropriate), review of existing signal system; review of
intersection operations and safety study to understand recommended approach lane
EXHIBIT A
Carter Schulze, PE September 1, 2022
City of Eden Prairie Page 2
modifications; final design for signal modifications including implementation of Flashing
Yellow Arrow on NB and SB approaches; new signal cabinet (using existing controller) to
accommodate additional room needed for FYA; includes development of updated signal
timing plans.
5. Bidding Assistance – This task includes preparation of ad for bids, answering contractor’s
questions, and preparation of bid tabulation and award recommendation letter.
Assumptions
We have made the following assumptions in preparing our scope of services:
1. Design will meet ADA and State Aid design standards.
2. Project will be funded with local and State Aid funds.
3. Final design will be complete in fall of 2022 to accommodate a spring 2023 construction
start.
4. All work will fall within existing City right of way and no additional easements will be
required.
5. Roadway profiles are not anticipated to change.
6. Permitting is limited to coordination with Purgatory Creek watershed district for erosion
control permit. No other agency coordination is anticipated.
Schedule/Budget
We plan to begin the design work upon authorization to proceed and will complete this work within
a mutually agreed-upon time schedule in time for 2023 construction. Based on our understanding of
the project and our scope of services, we estimate the cost of our services to be $103,632, which
includes both time and expenses. We appreciate your consideration of this proposal. Please feel free
to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP, INC.
Matthew D. Hansen, PE (MN, ID) LS (MN, IA)
Project Director – Civil Design
MDH/jwm
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
S:\Marketing\Proposals\2022 Letter Proposals\15870.PP Eden Prairie Singletree Ln Prairie Ctr Dr Design\2022-09-01_Letter_CarterSchulze.docx
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION: I.C. #207040
Award Contract for Watermain Valve Repairs to Valley Rich Co., Inc.
ITEM NO.
VIII.G.
Requested Action
Move to: Award contract for performing Water Main Valve Repairs to Valley Rich Co., Inc. in the amount of $162,300. Synopsis
Quotes were solicited from two competent local underground utility contractors for digging up and replacing corroded bolts in water main valves and fittings in streets where the bituminous surface will be reconditioned. Both trusted contractors have worked with the city for many years and are familiar with our system and procedures. Staff recommends awarding the contract to the lowest-cost proposal.
Contractor Base Proposal Unit Price Base Proposal Total Alternate 1 (Bituminous) Alternate 2 (Curb) Total
Valley Rich, Co., Inc. $2,550 $102,000 $40,500 $19,800 $162,300
Parrott Contracting, Inc. $2,850 $114,000 $40,000 $19,000 $173,000
Background Information
This preventive maintenance effort is intended to eliminate potential future water main leaks in our newly reconditioned streets due to bolt failure. The consequential damage to a new street surface that inevitably occurs from an emergency repair can be greatly minimized. The cost of
these preemptive repairs is approximately 30 to 40 percent less than our emergency repair
expenses which can occur at any time of the day or night. Project costs are funded in the water utility capital improvement plan for 2021. Attachments
Contract Exhibit A
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the _20th_day of _September_, 2022_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Valley Rich Co., Inc. a Minnesota _corporation_(hereinafter "Contractor") whose business address is_147 Jonathan Blvd. North, Ste 4, Chaska, MN 55318_.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for _the Excavation of Water Distribution System Valves and Fittings, Replacement of all Bolts within the Excavation, Wrapping Exposed Pipe and Fittings with Polyethylene Encasement, Verifying System Integrity, Backfilling the Excavation, and Restoring the Road Surface and/or
Curb_ 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 15th, 2022_.
3. Compensation for Services. City agrees to pay the Contractor a sum not to exceed
$_162,300_ 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.
Standard Construction Contract 2018 08 01 Page 2 of 17
Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
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
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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.
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.
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The Contractor shall post bonds to secure the warranties.
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;
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d. Any disregard of laws, ordinances or proper instructions of the City;
e. Assignment or work without permission of the City;
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.
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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 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.
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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 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
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insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and completed operations. 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
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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.
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.
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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 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.
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28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral
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
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given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
38. Statutory Provisions.
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.
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CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: ________________________________
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EXHIBIT A: SCOPE OF WORK
The scope of services to be provided by the Contractor selected by the City will include the
following requirements: PROJECT DESCRIPTION:
Contractor will provide the labor and equipment to perform preventive maintenance water
distribution system gate valve repairs of specific valves/fittings located in the City’s pavement rehabilitation areas planned for future years. Contractor’s responsibilities include the mobilization of all necessary equipment to each site; the actual excavation of each selected fitting or valve; the labor to perform all necessary work functions within the Contractor’s scope;
the backfilling of the excavation; and where necessary, the restoration of bituminous roadway
and any disturbed concrete curb and gutter. The City will contribute to the project with labor, equipment, and materials as indicated below in CITY RESPONSIBILITIES. For cost estimation for comparison of proposals, the Contractor will provide a proposal based
upon the following assumptions:
1. Base Proposal: Include all costs necessary to perform forty (40) valve repairs. Base bid work shall include the excavation, replacement of bonnet bolts and packing bolts, replacement of valve-to-pipe mounting bolts, the placement of poly-wrap (per DIPRA
standard), the reinstallation of curb boxes, verification there are no leaks, and the
backfilling of the excavation to within 4-inches of the road surface. Provide the unit cost of one valve repair. 2. Proposal Alternate 1:
a. Assume bituminous roadway restoration will be necessary for 20 of these valves.
i. Provide unit price for bituminous asphalt per square foot for 4 inches of compacted thickness. Unit price per ton of asphalt is also acceptable. ii. Assume each repair will require 225 square feet of roadway restoration. iii. Provide total price for 20 asphalt restoration repairs of the size requested.
b. Assume concrete curb and gutter will be necessary for 20 of these repairs.
i. Provide unit price per linear foot of concrete curb and gutter. ii. Assume each of the 20 repairs will require the replacement of 15 feet of curb and gutter. iii. Provide total price for curb and gutter replacement at 20 sites of this size.
3. Calculation of actual project costs for invoicing will use the above proposed unit price values for actual quantities used at each site. a. Each excavation repair will be billed at the base-proposal per site. b. Each Alternate 1A repair will be billed by unit price x actual quantity of asphalt.
c. Each Alternate 1B repair will be billed by unit price x true length of replaced
curb.
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GENERAL PROJECT EXPECTATIONS:
The City’s primary expectation is for the repairs to be completed during the year prior to the
street rehabilitation contractor arriving to work on the street. Daily coordination and site visits by the Eden Prairie Utilities Lead responsible for water main repairs as well as periodic on-site visits/meetings with the Field Operations Supervisor and Utilities Division Manager will be expected to ensure communication regarding support, scheduling, and outside influences are
understood by all involved. The Contractor is free to schedule these repairs with prior approval
by the City to fit within the Contractor’s summer workload, provided the work does not delay or interfere with the street rehabilitation performed by another contractor. The City’s preference is for the Contractor to do all repairs within this contract in a continuous manner, but we realize that may not be possible in every situation.
CONTRACTOR’S RESPONSIBILITIES: A. Contractor must perform all work in satisfaction of the City’s guide specifications for Watermain Systems; Utility Excavation, Installation, and Restoration; and Street
Construction found on the City’s website (SEARCH “Guide Specifications”).
Contractor’s signature on the contract will indicate to the City that the responsible project foreman for the work has read and is familiar with the City’s specifications. B. Contractor will observe and provide for all necessary safety standards in accordance with
OSHA and Minnesota OSHA.
C. Contractor will attend a preconstruction meeting with the City which may include site visits to some or all of the project sites. Materials anticipated for the project that will be provided by the City must be requested by the Contractor.
D. Contractor will provide the City with a project schedule and update the schedule when departures from the plan cause more than one week of delay in the initial plan. E. Contractor will provide all necessary construction equipment to perform the repairs.
F. Contractor will provide all necessary labor to perform the work described in his scope of work. G. Requests for City hydroexcavation support must be made the week prior whenever
possible. This type of support is limited and may not be available for every request. Last
minute requests may be entertained, but cannot be assured. H. Contractor will provide a current price schedule for equipment hours and labor that may be used on this project. This will only be used in determining or negotiating the
calculation of expenses determined to be additional cost items outside the scope of this
contract.
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CITY RESPONSIBILITIES:
A. City will be prepared to provide for traffic control at all project locations.
B. City will provide dump trucks with operators to transport soil in or out of each project location.
C. City is responsible for providing all materials necessary for soil corrections.
D. City will provide all piping system materials including: a. Polyethylene encasement and wrapping tape b. Cast iron valve boxes and any necessary fittings
E. City is responsible for performing or coordinating for lawn restoration, including any landscaping or tree replacement. F. City will provide for any necessary stormwater erosion control measures and inlet
protection.
ADDITIONAL COST ITEMS: The following unanticipated conditions are not included in this proposal, and if encountered or required by the City at the time of repair, these items may be
negotiated for additional billing:
A. Site dewatering B. Soil correction (if City cannot provide) C. Pipe support
D. Removal of buried obstructions
E. Hauling support F. Hazardous materials handling/removal G. Repair of irrigation systems or drainage systems H. Tree removal or replacement
I. Private Utility Locates
J. Stormwater erosion control
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Agreement with Rezatec Global, Inc. for Performing a Water Distribution Pipeline Assessment and Providing a Pipeline Leakage Risk Management Plan
ITEM NO.:
VIII.H.
Requested Action
Move to: Approve Professional Services Agreement with Rezatec Global, Inc. in the amount of $81,713 for Performing a Water Distribution System Pipeline Condition Assessment and Providing a Pipeline Leakage Risk Management Plan. Synopsis Utilities Division proactively seeks to identify probable future water main leak locations before they occur to reduce operational repair costs and better plan and fund future and ongoing pipeline maintenance activities. This agreement brings together our existing GIS based maintenance management system information and geospatial satellite imagery analysis to look for key indicators
of pipeline leak potential. The 3-year contract includes the development of a pipeline risk management plan. Background Information
Utilities Division has been evaluating predictive, digital pipeline assessment tools to investigate our water distribution system condition in order to help us identify potential pipeline corrosion failures in advance of an actual pipe leak. Multiple digital technologies have been investigated, all but one involving the introduction of special scanning technologies into the drinking water mains. Such pipeline surveys are effective at directly identifying pipe thickness changes and the
presence of corrosion pits, however they are very expensive, averaging more than $50,000 per mile of pipe investigated. Rezatec Global pioneered the use of remote imaging satellite data combined with a utility’s GIS maintenance records to “learn” the locations where the likelihood of failure is greatest based on machine learning models. Rezatec’s track record is greater than 80% accuracy when predicting failures for entire cities at the cost of a little more than a mile of
pipe using other technologies. Pipeline condition assessment is planned in the water utility CIP, and this contract will be funded from that project. Staff recommends approval of this assessment contract with Rezatec Global, Inc. to improve customer service levels, minimize localized disruption of water service, and to maintain the highest possible water quality for our residents. Attachments Agreement Exhibit A (Scope of Services)
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _20th_ day of_September_, 20_22_, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Rezatec Global, Inc. (“Consultant”), a Delaware
Corporation_ (hereinafter “Consultant”) whose business address is _251 Little Falls Drive,
Wilmington, Delaware 19808_. Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for_performing a water distribution pipeline assessment and providing a pipeline
leakage risk management plan_ hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from _September 20, 2022_through September 29, 2025_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 81,713.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the
City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
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actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
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Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
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Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
The Worker’s Compensation, Employer’s Liability, and Comprehensive Automobile
Liability coverages listed above are only required if Consultant has employees or automobiles physically located in the State of Minnesota. Consultant will perform the Work under this Agreement remotely and does not anticipate that any employees or equipment will be located in the State of Minnesota. If any employees or automobiles of
Consultant are physically present in the State of Minnesota during the term of this
Agreement, Consultant must provide the Worker’s Compensation, Employer’s Liability, and Comprehensive Automobile Liability Coverages as listed. d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
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i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in which Consultant is located and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
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q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party
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using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with
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the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
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27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor
______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its:
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Patrick Newton
Chief Executive Officer
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
1
Scope of Services
Project Description
Consultant will provide all labor, expertise, and technical equipment to fulfill the scope of services
described in this exhibit. Consultant will combine earth observation data with advanced geospatial
analytics to provide a pipeline risk monitoring solution that establishes the likelihood, consequence,
and cost of failure using satellite and multiple geospatial data feeds coupled with advanced artificial
intelligence (machine learning). A detailed description of the geospatial artificial intelligence pipeline
risk monitoring and risk management service provided under the terms of this contract can be found
within the proposal provided by Rezatec Global, Inc.
Specific Objectives of this Project. Consultant shall adopt the following project objectives.
• Build a digital risk profile of the entire water distribution pipeline network, calculating the
likelihood and consequence of failure.
• Enhance data for the purpose of prioritizing work, incorporating environmental asset data to
boost traditional pipeline evaluation methods.
• Obtain an accurate risk forecast in the near-term to supplement the utility’s 10-year and
beyond Capital Improvement Plan.
• Provide an Asset Management Dashboard and Online Data Portal for City to use in planning
and forecasting maintenance resources and priorities.
Pipeline Assessment Products. Consultant will report on the City’s 374 miles of distribution
pipeline by providing the following analyses:
• Likelihood of Failure (LoF) of each pipeline section within the City’s distribution system.
• Consequence of Failure (CoF) of the same sections.
• Criticality of such Failures to be developed in collaboration with City experience and input.
• InSAR Ground Movement and Seasonality Analysis.
• Vegetation Root Intrusion Analysis.
Delivery. Consultant will provide an annual delivery of products as a forward look and forecast over
three years. The main delivery of the current year forecast for active assessment shall be a fully
trained model that includes all prior years of relevance in order to forecast pipeline risk for the next 12
months. The second and third year forecasts will likewise be delivered annually upon the anniversary
date of the contract.
Tools and Methodologies
Consultant will develop a digital model driven and supplanted by artificial intelligence machine-
learning processes, using City-supplied maintenance records and geo-located asset information in
combination with Consultant provided geospatial data specific to Eden Prairie’s political boundaries.
Consultant’s model will combine geospatial datasets (e.g. ground movement, land cover, various soil
characteristics, temperature, vegetation analysis) with pipeline attributes (e.g. pipeline age, material,
diameter, and length) and historic incident locations. The model must generate a Likelihood of Failure
(LoF) score and Consequence of Failure (CoF) score for every pipeline section, and combine these
ratings to provide a Pipeline Risk Value for each pipe section.
Likelihood of Failure. Consultant will derive the LoF for each pipe section using the following
minimum performance steps:
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
2
1. Customer data Quality Assurance (QA) – to see if there are data gaps. Consultant will review
all information requested from the City and identify if any gaps in information exist or pose
any concerns for developing an accurate model. Consultant will impute small gaps in
information using a set of analysis rules that looks at the City’s overall pipeline network.
Consultant may have questions that need clarification with the City to ensure Consultant
understands all City provided data. Consultant source variables for QA analysis include:
Terrain motion – from Radar, optical data for vegetation input, and other such parameters as
soil characteristics for the areas being assessed.
2. Consultant will subdivide the City’s distribution system into sections to ensure the
representation of localized risk factors are more accurately mapped to specific locations. As
an example, terrain motion or soil characteristics may vary significantly along longer pipe
segments and should only be used in the analysis of the specific portion of the pipe affected
by those risk factors.
3. Consultant will further divide the City’s network into sub-sections not greater than 100 meters
in extent to ensure localized risk factors are applied to accurately delineated and manageable
pipe segments.
4. Consultant assigns all environmental variables to individual pipeline spans.
5. Consultant will then assign any recorded failures to the relevant pipeline spans on which they
occur.
6. Consultant will generate LoF weight values for each pipe span through digital evaluation of
the data.
7. Consultant will validate the model outputs using the 5-fold cross validation method in which
the entire dataset is divided into 5 sub-sets for 5 successive iterations of the model run. Each
sub-set will be excluded from the model-run once, yielding a balanced accuracy score for the
evaluation process that must be shared with the City.
8. Consult will use a standard set of metrics by which to depict the importance of specific
variables. Consultant must provide written documentation of this procedure and verbally
explain the process of validating the model’s accuracy.
9. Consultant will assign each pipeline section a LoF score from 0 to 5, with 0 representing the
lowest Likelihood of Failure and 5 – the highest. This score will be used to compare any
section of the network with another and provide the basis for further analysis or assessments
for inspection programs or maintenance planning.
Consequence of failure and Criticality. Consultant will provide City with metrics, sub-divided
areas, and relevent factors to fully build out the CoF and will invite input from City on the extent and
position of these requirements. Consultant generates a separate model to form consequence of failure
understanding using the following sequence of actions:
1. Consultant overlays pipe diameter in proximity to pre-defined critical infrastructure like
hospitals, business districts, schools, critical roadways etc. The City provides the critical
infrastructure list. Consultant could pull some critical infrastructure locations from other
geospatial sources upon agreement with the City.
2. Consultant establishes further complex consequence metrics in collaboration with the City.
Consultant utilizes the City’s knowledge of its consequential areas and potential
consequences of failure.
3. Consultant establishes weighting criteria and weights the data by metric (e.g., relative cost of
failure by factors like proximity to business district, pipe diameter, etc). This process is best
done collaboratively with the City but can be performed with standard metrics. Consultant
will lead the collaboration with the City to perfect the process..
4. Consultant runs the model and generates relative cost/ percentage outputs for each section of
the network defined exactly as with Likelihood of Failure.
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
3
5. Consultant performs further validation techniques on the consequence of failure model and
runs a quality assurance process to ensure its accuracy is consistent with the stated weightings
derived in step 3.
6. Consultant determines Criticality of failure by combining the consequence of failure and
likelihood of failure to generate a score represented as a percentage. City will prescribe the
top percentage of criticality it will accept for the model run.
Model Products: Results of both LoF and CoF models will be displayed geospatially in the form of
a map, and in a tabular format within the City’s dashboard in Rezatec’s Geospatial Portal. Results
may then provide the basis for follow-on pipeline assessment such as asset inspections, technology
deployment (e.g., acoustic logger placement) or network maintenance planning.
Client Portal: Consultant shall create an account with a window for the City’s pipeline network in
the geospatial platform and upload the LoF, CoF, and Criticality onto the platform. Consultant will
create secure logins for City personnel using the platform allowing them to access map and dashboard
functionality and download the data in different formats to manage and store outputs on the City
network.
Timeline following receipt of an approved professional services agreement:
1. Project kick-off meeting will be scheduled with the City within one month of contract
approval. The objective for the kick-off is to formally hand over the City-Consultant
relationship to the customer success team and set expectations of the delivery.
2. Data cleaning prep and external sourcing – 2 weeks
3. LOF model run – 1 week
4. LOF post processing (Formatting and final calculations), LOF QA – 1 week
5. COF data prep and joins - 1 week
6. COF post processing (Formatting and final calculations), CoF QA, Criticality – 2 weeks
7. Platform upload and preparations – 1 week
8. Final Checks and amendments – 1 week
Data Requirements
In order to deliver the agreed data to the City there is a collaborative requirement for inputs from City
staff, including the acquisition and provision of existing datasets. Key information requirements
include:
1. Earth Observation Data: Consultant will acquire all required satellite EO datasets. If the customer
has additional commercial satellite, aerial or LiDAR data available Consultant may integrate this.
Consultant will draw information from European Space Agency (ESA) Satellites (Sentinel 1 & 2),
capturing InSAR and Optical data to be used to determine millimetric ground movement and
vegetation growth patterns. These parameters serve as proxies for water sources.
2. Environmental Data: Consultant will access its standard library of data sources for the purpose of
assessing existing ground conditions, including analysis of geology (topographical data), soils (type,
pH, organic componentry), slope, and weather (temperature and event). Consultant will integrate any
available local data from the City if it is not publicly available.
3. Asset Properties: City will provide all available information about the pipeline network and details
of historic incidents that have occurred, including the 3 years immediately prior to the required period
of risk forecast. The lists below summarize the minimum requirements to be able to apply the
approach and other desirable attributes to enhance the model predictions.
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
4
a) Pipeline Network Minimum Information Requirement: Accurate pipeline locations (GIS
polyline format).
b) Pipeline Network Desirable Attributes: Pipe diameter, length, age, material, pressure
contained, depth of bury, slope, and any additional spatial data that may be available to classify the
pipeline sections (locations of valves, fire hydrants, service connections, water meters, etc.).
4. Historic Incidents:
a) Minimum Requirement: Incident locations (GIS point format)
b) Desirable Attributes: Incident type (leak, collapse, etc.), date (reported and repaired),
leakage rate. All data provided by the City will be provided with available accompanying metadata
that explains any named attributes and coded values (e.g. material types).
Data Cleaning
Consultant will properly format the datasets obtained from all sources for compatibility with the
model and for data inspection to ensure the data entering the model is accurate and relevant.
Data Formats
Consultant will pre-process the data for the entire area of interest using the consultant’s established
data processing architecture. All data outputs shall be made available to the City through Consultant’s
online Geospatial Portal. Raster and vector layers will be made available by Consultant for download
in a range of GIS formats at the client’s request.
Consultant will make available tabular analyses as needed by the City for download in CSV, shape
file and other integration database formats for use in the City’s business activities and integration with
Capital Planning Tools.
Artificial Intelligence (AI)
The LoF received from Consultant is derived from AI using data mentioned in section 6 of the
proposal. No weightings can be applied beforehand and therefore no manipulation of the outcome can
be derived without changing the data input into the algorithm. The value of this algorithm (section 4
of proposal) implemented in an AI based approach is that it places the importance of the outcome on
the input data going into the model and removes any bias involved in decisions about weighting to
show only data defined risk and LoF of a pipe segment.
This algorithm will not work with a weighted input and therefore cannot be manipulated in any other
way as this will decrease output accuracy and value to the City. CoF does not use this AI piece and
requires a consultative effort between the City and Consultant to derive.
The algorithm is IP protected for Rezatec Global and will not be shared with any outside entity.
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
5
Schedule A
REZATEC DELIVERABLES ORDER FORM
ORDER DETAILS:
Customer
Name:
City of Eden Prairie
Billing Terms:
Customer
Address:
8080 Mitchell Road, Eden
Prairie, MN 55344
Effective Date: The Effective Date is the
data of this Agreement
Initial Term: A period of 36 months
from the Effective Date
Payment
Frequency:
One time. Invoiced on
the Effective Date
Payment
Method:
Electronic Fund Transfer
only
Customer
Contact:
Rick Wahlen
Payment
Terms:
Net 30.
Phone: +1 952-294-5908
Email: rwahlen@edenprairie.org Customer
Accounts
Payable
Contact:
Rick Wahlen
Email: rwahlen@edenprairie.org
ap@edenprairie.org
Phone: +1 952-294-5908
NOTICE DETAILS:
Customer: Rezatec: Treasurer
Address: 8080 Mitchell Road, Eden
Prairie, MN 55344
Address: 251 Little Falls Drive,
Wilmington, New
Castle County,
Delaware, 19808,
USA.
Email: rwahlen@edenprairie.org Email: legal@rezatec.com
Fax Number: N/A Fax Number: N/A
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
6
DATA PRODUCTS: – Data Products Specifications:
Data Product Description Area of Interest Price Ex-Sales Tax
Geospatial AI –
Pipeline
Risk for network
operators.
To provide 36
month
subscription access
to an
annual assessment
with
one refresh of the
Likelihood of Failure,
with the option of
Consequence of
Failure
and
Criticality for the
provided water
networks
in the AOI,
Downloadable Data
from the platform to
own and keep
See Appendix A
$81,713.00
Total Price $81,713.00
Delivery Phase Description of deliverable Percentage of Contact Value Amount
Phase 1: Point of Signature Data Collection and Project Development 35% $28,599.55
Phase 2: Likelihood of Failure, Consequence of Failure, Pipeline Risk Value
Initial programming and preliminary analysis 35% $28,599.55
Phase 3: First delivery of Rezatec platform with map view and dashboard capabilities (updated annually)
Project refinement, recalibration of models 15% $12,256.95
Phase 4: Downloadable function for data for Eden Prairie to keep,
Pipeline analysis and risk management 15% $12,256.95
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
7
store and apply to pipeline risk management
The Consultant will perform contracted delivery of year 2 and 3 on the respective 1st and
2nd anniversary of date of signature from the City.
PORTAL SUBSCRIPTION TERMS – ACCESS TO PORTAL, DATA PRODUCTS AND AUTHORISED
USERS
Access to the Portal
Portal URL https://portal.rezatec.com
Authorized Users (insert rows as required):
User name User role/team Email address: Data Products
Access
Rick Wahlen Manager of Utility
Operations
rwahlen@edenprairie.org Pipeline Risk
Andy Allmann Utility Field
Operations
Supervisor
aallmann@edenprairie.org Pipeline Risk
Robert Ellis Public Works
Director
rellis@edenprairie.org Pipeline Risk
Carter Schulze Assistant City
Engineer
cschulze@edenprairie.org Pipeline Risk
Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline
Assessment and Pipeline Leakage Risk Management Plan
8
Appendix A
Area of Interest
City of Eden Prairie
374 miles of distribution
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Agreement with Sambatek for Civil Engineering and Design Services for Rehabilitating Four City Sanitary Sewer Lift Stations
ITEM NO.:
VIII.I.
Requested Action Move to: Approve Professional Services Agreement with Sambatek, Inc. in the amount of
$58,250 for Engineering Services in Support of Rehabilitating Four Sanitary Sewer Lift Stations. Synopsis
Utilities Division has typically planned for the rehabilitation of one sanitary sewer lift station per year in the Wastewater Capital Improvement Plan (CIP). Funds are available in 2022 and 2023 to upgrade two lift stations each year, and due to supply chain issues affecting start times and economies of scale, it makes financial sense to combine the engineering for both years into one contract. This contract is for the overall engineering of the projects.
Background Information The sanitary sewer lift station at 12900 Roberts Drive is next in line for a thorough overhaul. The wastewater CIP provides funding for the rehabilitation of at least one lift station per year on
a 20-25 year preventive maintenance rotation schedule, and this lift station was programmed for 2022. Funding from the wastewater utility capital reserves is sufficient to allow the City to also rehabilitate the lift station at 8491 Red Oak Drive, which is next on the rotation list. Funds in the wastewater utility CIP allow for the overhaul of two lift stations in 2023 (9395 Shetland Road and 18352 Cattail Court), so this contract for engineering services combines all four lift stations
into one service agreement. The attached proposal serves as Exhibit A, and staff recommends approval of a professional services agreement with Sambatek for all four projects. Attachments
Agreement Exhibit A (Scope of Services)
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _20th_ day of_September_, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Sambatek, Inc._ (“Consultant”), a Minnesota _corporation_ (hereinafter “Consultant”) whose business address is _12800 Whitewater Drive, Minnetonka, MN
55343_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for_civil engineering services for the rehabilitation of four City owned sanitary lift stations_ hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from _September 20, 2022_through _June 30,
2024_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 58,250 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
Page 2 of 10 2021 04 22
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 10 2021 04 22
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
Page 5 of 10 2021 04 22
Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
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Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
Page 7 of 10 2021 04 22
negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for
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mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 10 2021 04 22
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
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examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________ By: Its:
Contact: Paul Herubin, PE, Project Manager | 763.746.1500 | pherubin@sambatek.com
12800 Whitewater Drive, Suite 300, Minnetonka, MN 55343
City of Eden Prairie
PROPOSAL FOR
LIFT STATION NOS. 1, 11, 13, & 15
August 17, 2022
Exhibit A (Scope of Services) to Professional Services Agreement; Civil
Engineering for the Rehabilitation of Four Sanitary Sewer Lift Stations.
Engineering | Surveying | Planning | Environmental
August 17, 2022
Rick Wahlen
Public Works Emergency Management Coordinator
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344
SUBJECT: Proposal for Engineering Consultant Services for Lift Station Nos. 1, 11, 13, and 15 Rehabilitation Project
Dear Mr. Wahlen:
We are pleased to present the following proposal for our professional services in conjunction with the proposed Lift Station
Nos. 1, 11, 13, and 15 Rehabilitation project in the City of Eden Prairie.
Sambatek has provided consulting services in the region for more than 55 years. With our multi-disciplinary team of
experienced staff, we are confident that we can bring innovation and value to your project. The following pages highlight
our approach to critical success factors for this project, including innovation, experience, relationships, and cost-effective
designs.
Sambatek has selected a team of experienced, “hands-on” engineers that will provide the City of Eden Prairie with a
comprehensive, detailed technical analysis and design that combines practical local experience, solid engineering, and
economic evaluation.
» MULTI-DISCIPLINE PROJECT TEAM - Our project team consists of civil, site, and process engineering experts who
have worked on several projects together in the Twin Cities metropolitan area. Our core team will be led by Paul Herubin,
who is experienced in leading multi-disciplinary project teams and has designed multiple lift station throughout the Twin
Cities and greater Minnesota region. Project Engineers Josh Brown and Josh Koopmann will support Paul throughout
this project and Naeem Qureshi will serve in a quality reviewer role.
» DIRECTLY RELATED EXPERIENCE - The Sambatek team has completed many lift station projects over the years and
this experience is outlined within this proposal. Our team also has valuable knowledge of the City of Eden Prairie’s
sanitary sewer system that will be beneficial in completing this project.
Sambatek will approach the rehabilitation of Lift Station Nos. 1, 11, 13, and 15 by first addressing the City’s engineering
staff’s concerns, which will also address the City’s long-term approach for operations and maintenance. We are committed
to serving the City of Eden Prairie as an extension of city staff and keeping the City of Eden Prairie’s policies, goals, and
objectives at the forefront of our design process. Sambatek values long-term relationships with our clients, and we believe in
providing quality engineering services for our municipal partners.
We appreciate this opportunity to provide our professional engineering services. The Sambatek team has the experience,
resources, and technical expertise required to help the City of Eden Prairie meet your objectives for this project. We look
forward to a successful relationship with our commitment to service, quality, and client advocacy.
Sincerely,
Sambatek, Inc.
Paul Herubin, PE Mike Nielson, PE
Senior Project Manager Municipal Practice Leader
763.746.1500 (o); 651.788.6706 (m) 763.307.4812 (o); 320.333.2282 (m)
pherubin@sambatek.com mnieslon@sambatek.com
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
TABLE OF CONTENTS
Firm Overview .............................................................................................................1
Proposed Team / Experience of Individuals ......................................................2
Project Understanding .............................................................................................3
Scope of Services ........................................................................................................6
Proposed Costs ...........................................................................................................8
Schedule .......................................................................................................................10
Similar Project Experience ....................................................................................11
Table of Contents | Page i
Sambatek was established in 1966 as a team of local professionals whose talents include civil
engineering, site design, planning, surveying, and environmental services. Sambatek is a diverse
group of professionals devoted to the success of our clients and dedicated to building relationships
while developing communities. We commit our staff throughout the project to ensure that they are
continuously and immediately available. Performing our job according to high industry standards is
essential to the Sambatek team. However, the most important priority for us is client satisfaction. A
majority of Sambatek’s work is received from repeat customers. We believe that this results from
hard work, dedication to timely service and quality products, and maintaining competitive fees.
Over the years, Sambatek has developed a reputation for honesty and integrity. We believe that we
do our best work in an atmosphere of mutual trust.
SAMBATEK IS READY TO ASSIST THE CITY OF EDEN PRAIRIE TEAM FOR THE
COMPLETION OF YOUR PROJECT.
We aim to immediately define the parameters of your project scope and overall needs. As your
trusted advisor and partner, we will collaborate with all entities on the project team to achieve your
project success factors. Our multi-disciplinary approach means we can support projects of any scale
or size, from conceptual development through construction. We are always conscious of the bottom
line and will provide a service that exceeds your expectations.
55+
Years in Business
33+
Registered
Professionals
25+
Licensed &
Registered States
100+
Talented Employees
Government EnergyWaterTransportationLand Development
Civil Engineering Surveying Planning Environmental
FIRM OVERVIEW
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15 Proposed Team / Experience of Individuals | Page 2
PROPOSED TEAM / EXPERIENCE OF INDIVIDUALS
Sambatek has developed a team of talented staff that is
excited to provide the City of Eden Prairie with a full range
of engineering services. The team that we are proposing
includes individuals in various disciplines that work together
on a regular basis. The team has extensive water utility
experience in design and construction of lift stations, wells,
water treatment, pump houses, ground and elevated storage,
booster stations, distribution systems, reports, and studies.
PAUL HERUBIN, PE – PROJECT
MANAGER
Paul will serve as the Project Manager as
well as perform civil and permitting roles
on this project. Paul will be primary contact
responsible for:
• Design and plan preparation for facilities
• Construction administration for facilities
• Office administration of Eden Prairie projects, project and
design, and construction controls
• Office coordination of Sambatek staff working on Eden
Prairie projects
Paul provides more than 30 years of industry experience with
extensive planning, design, and construction experience in
potable water and wastewater conveyance. He has led planning,
design, analysis, and construction phases of water distribution
and wastewater collection systems. Paul understands how to
think outside the box to solve complex problems.
NAEEM QURESHI, PE – QUALITY
MANAGER
Naeem’s role on this project will be technical
advisor and QA/QC of deliverables. He has
led or played an integral part in planning,
design and construction phases of all facets
of water distribution treatment systems.
Naeem is one of the most published authors in Minnesota
having published five articles in Journal AWWA, 11 in Opflow
AWWA publication, and 10 additional articles in regional
publications. He has 50+ years of experience in well, storage,
booster station, water treatment plant (WTP) design, water
distribution analysis and design, water quality pilot studies,
and water rate studies. Naeem has more than nine years
of experience with Minneapolis Water Works. Naeem has
worked on over two hundred (200) projects in the water
supply area including lift station quality control reviews,
water quality, WTP design, water system analysis, operational
review of water plants, storage, pumping stations, and well
design.
JOSH BROWN, PE – DESIGN
ENGINEER
Josh is a licensed Professional Engineer with
eight years of experience in the engineering
field. He is experienced in a wide variety
of water utility projects, including water
distribution systems, elevated tanks, water treatment plants,
and groundwater wells. As a part of this team, Josh will
be responsible for design support, construction plans and
specifications, and construction inspection.
JOSH KOOPMANN, PE – DESIGN
ENGINEER
Josh has more than six years of experience
working technical reports for clients
including site inspection reports, water
system studies, and facility plans. He
develops construction plans and specifications from
preliminary design through bid and construction. Josh will
be responsible for design support and construction plans and
specifications.
Naeem Qureshi, PE
Quality Manager
Paul Herubin, PE
Project Manager
Josh Brown, PE
Design Engineer
Josh Koopmann, PE
Design Engineer
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
The City of Eden Prairie (City) has invited Sambatek to
propose on four (4) lift station rehabilitation projects. The
lift stations include: Lift Stations No. 1 – Top View, Lift
Station No. 11 – Red Oak, Lift Station No. 13 – Riley Creek,
and Lift Station No. 15 – Summerfield. Sambatek toured each
of the four lift stations with City of Eden Prairie personnel on
August 4, 2022.
LIFT STATION NO. 1 - TOP VIEW
Lift Station No. 1 is located off of Roberts Drive near Scot
Terrace. Lift Station No. 1 was constructed in 1971 and is a
duplex pumping station containing two submersible pumps.
Current maintenance reports indicate that the lift station
guard rails and brackets are nearing the end of their useful
life. Replacement parts are getting harder to obtain for this
respective pump model.
On-site observations suggest that structural components
were in good condition with only minimal concrete
deterioration. Lift Station No. 1 pumps each operate for
approximately 1 hour a day.
The following improvements are proposed:
• Recoat wet well
• Replace duplex submersible pumps and guide rails in kind
• Replace valves and piping inside the wet well and valve
vault including adding a bypass valve
• Replace pump control panel, instrumentation, and
controls and improve radio reception at the lift station
where necessary
• Replace wet well and valve vault hatches
• Replace pipe supports
• Add a vent for the wetwell
• Minor site improvements
The existing respective control panel will be removed and
replaced with a new city provided control panel equipped
with primary and branch circuit breakers, motor starters for
each pump, an updated PLC and radio, and other components
as required. The wetwell ultrasonic level transducer will
be replaced with a submersible level transducer, and new
wetwell float switches will be installed. A hatch entry
switch will also be included on the wetwell. The new control
panel will have a touch screen operator interface terminal
mounted on the front door, which will display pump run and
alarm information and wet well level information. It will
have provisions for viewing and changing the start and stop
set point levels and will incorporate a keypad for entering a
security code that will replace the existing key switch.
LIFT STATION NO. 11 - RED OAK
Lift Station No. 11 is located off of Red Oak Drive near Scenic
Heights Road. Lift Station No. 11 was constructed in 1990
and is a duplex pumping station containing two submersible
pumps. The wetwell and valve vault are located underneath
Red Oak Drive driving surface.
Current maintenance reports indicate that the lift station
guard rails, brackets, and discharge faces are showing
significant wear. Replacement parts are getting harder to
obtain for this respective pump model.
On-site observations suggest that structural components
were in good condition with only minimal concrete
deterioration. Lift Station No. 11 pumps each operate for
approximately 15 minutes a day.
The following improvements are proposed:
• Recoat wet well and repaint high level warning diamond
• Replace duplex submersible pumps and guide rails in kind
• Reseal valve vault to make watertight
PROJECT UNDERSTANDING
Project Understanding | Page 3
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
• Replace valves and piping inside the wet well and valve
vault
• Excavate and replace piping within roadway
• Replace pump control panel, instrumentation, and
controls
• Replace electrical conduit in roadway
• Replace wet well and valve vault top slabs and hatches
with solid covers
• Replace pipe supports
• Blast and recoat vent piping
• Replace light pole with taller one for improved radio
communication
• Extend concrete apron from control panel to curb
• Minor site improvements and tree trimming
The existing respective control panel will be removed and
replaced with a new City provided control panel equipped
with primary and branch circuit breakers, motor starters for
each pump, an updated PLC and radio, and other components
as required. The wetwell ultrasonic level transducer will
be replaced with a submersible level transducer, and new
wetwell float switches will be installed. A hatch entry
switch will also be included on the wetwell. The new control
panel will have a touch screen operator interface terminal
mounted on the front door, which will display pump run,
alarm information, and wet well level information. It will
have provisions for viewing and changing the start and stop
set point levels and will incorporate a keypad for entering a
security code that will replace the existing key switch.
LIFT STATION NO. 13 - RILEY CREEK
Lift Station No. 13 is located off of a bituminous recreational
trail near the confluence of Shetland Road and Cedar Crest
Drive. Lift Station No. 13 was constructed in 1997 and is a
duplex pumping station containing two submersible pumps.
Current maintenance reports indicate that the lift station
guard rails brackets are showing significant wear. The report
also indicates that Pump 1 volute is worn. Replacement parts
are getting harder to obtain for this respective pump model.
On-site observations suggest that structural components
were in good condition with only minimal concrete
deterioration. Lift Station No. 13 pumps each operate for
approximately 1 hour a day.
The following improvements are proposed:
• Recoat wet well and repaint high level warning diamond
• Replace duplex submersible pumps and guide rails in kind
• Replace entire valve vault structure with a 6-foot
diameter barrel
• Replace valves and piping inside the wet well and valve
vault including adding a bypass valve
• Excavate and replace piping between wetwell and valve
vault
• Replace pump control panel, instrumentation, and
controls
• Replace buried electrical conduit
• Replace wet well and valve vault top slabs and hatches
with solid covers
• Replace pipe supports
• Blast and recoat vent piping
• Replace and extend bituminous apron
• Minor site improvements
Project Understanding | Page 4
PROJECT UNDERSTANDING
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
The existing respective control panel will be removed and
replaced with a new city provided control panel equipped
with primary and branch circuit breakers, motor starters for
each pump, an updated PLC and radio, and other components
as required. The wetwell ultrasonic level transducer will
be replaced with a submersible level transducer, and new
wetwell float switches will be installed. A hatch entry
switch will also be included on the wetwell. The new control
panel will have a touch screen operator interface terminal
mounted on the front door, which will display pump run,
alarm information, and wet well level information. It will
have provisions for viewing and changing the start and stop
set point levels and will incorporate a keypad for entering a
security code that will replace the existing key switch.
LIFT STATION NO. 15 - SUMMERFIELD
Lift Station No. 15 is located off of a bituminous recreational
trail near Cattail Court east of Dell Road. Lift Station No. 15
was constructed in 1994 and is a duplex pumping station
containing two submersible pumps.
Current maintenance reports indicate that the volutes in
both Pump 1 and 2 are worn. Replacement parts are getting
harder to obtain for this respective pump model.
On-site observations suggest that structural components
were in good condition with only minimal concrete
deterioration. Lift Station No. 15 pumps each operate for
approximately 1 hour a day.
The following improvements are proposed:
• Recoat wet well and repaint high level warning diamond
• Replace duplex submersible pumps and guide rails in kind
• Replace valves and piping inside the wet well and valve
vault
• Replace pump control panel, instrumentation, and
controls
• Replace buried electrical conduit
• Replace wet well and valve vault top slabs and hatches
with solid covers
• Replace pipe supports
• Blast and recoat vent piping
• Replace and expand concrete apron
• Minor site improvements
The existing respective control panel will be removed and
replaced with a new city provided control panel equipped
with primary and branch circuit breakers, motor starters for
each pump, an updated PLC and radio, and other components
as required. The wetwell ultrasonic level transducer will
be replaced with a submersible level transducer, and new
wetwell float switches will be installed. A hatch entry
switch will also be included on the wetwell. The new control
panel will have a touch screen operator interface terminal
mounted on the front door, which will display pump run,
alarm information, and wet well level information. It will
have provisions for viewing and changing the start and stop
set point levels and will incorporate a keypad for entering a
security code that will replace the existing key switch.
Project Understanding | Page 5
PROJECT UNDERSTANDING
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
Based on these understandings, we propose to provide the
following scope of services:
TASK 100 – CONTRACT ADMINISTRATION/MANAGEMENT AND MEETINGS
Objectives: The objectives of this task are to provide for
the preparation of a thorough work plan, tracking and
administrative efforts associated with adherence to the plan,
and provision of project technical quality control.
Input Required: Sambatek team will work with the City
to comply with the work plan and identify the project
requirements and objectives. In addition, the City will be asked
to participate in project technical reviews at key milestones to
make sure the City’s needs are appropriately addressed.
Activities:
• Kickoff Meeting to review project goals, milestones,
project schedule data, and information needs
• Prepare a project management plan and work breakdown
structure during the kickoff meeting
• Establish a progress-tracking procedure by invoicing
procedures required by the City. The Project Manager will
adhere to the work plan and associated accounting and
reporting procedures
• Prepare progress reports as necessary
• Provide coordination with city staff and project staff for
review meetings at the 50% plan completion
• Maintain action log of issues needing coordination and/or
resolution
Deliverables: Attend three project meetings and prepare
meeting minutes.
Schedule: Monthly reports.
Team Members: Paul Herubin
TASK 200 – DESIGN AND BIDDING DOCUMENTS
TASK 200A – PRELIMINARY DESIGN
Objectives: The objectives of the preliminary design efforts are
to assist in establishing the accepted configuration and design
parameters associated with each of the four wastewater pump
stations. This includes reviewing the existing Record Drawings.
We will conduct a site visit to evaluate the following further:
• Structural aspects of the existing wet well and valve vault
structures, including all attachments to interior concrete
surfaces
• Condition of all interior concrete surfaces for spalling,
pitting, bungholes, popouts, and cracks, with a plan for
concrete repair, surface preparation, and coating
• Coordinate the existing electric feed and control panel’s
site and confirm the new control panel and radio equipment
configuration with the City’s controls integrator, AE2S, with
the City’s electrical engineer
• Utilize existing or proposed bypass connections
for developing a temporary conveyance plan to be
incorporated in the bidding documents. The forcemain
discharge manholes are not in the vicinity of the lift
stations so vactor trucks type scenario may be considered
The design will incorporate information gathered at the
Project Kickoff meeting and site evaluation activities. All
the significant elements of the pump station and associated
features will be presented and documented as part of the 50%
design to establish the basis for the ensuing 90% and final
design work product. Adhering to the agreed upon basis of the
final design will facilitate tracking project progress and avoid
changes that could result in delays or budget overruns.
Input Required: The Sambatek team will solicit input primarily
from city staff related to the wastewater pump station’s design
features, maintenance, and operational need. It is intended
to make significant progress on this work element during the
Project Kickoff and follow-up. The 50% design will depict the
equipment selection, repairs needed to structural aspects and
piping of the station, and operational control schemes.
Activities:
• Site visit to more thoroughly inspect conditions of existing
structures and related systems for condition and problem
areas
• Prepare initial project calculations for sizing equipment.
• Prepare the preliminary layout of equipment and site
space needs
• Prepare initial calculations for the main components of
the pump station. Address temporary bypass pumping
constraints and constructability concerns
• A summary format for review by the Sambatek team.
Develop Concept Plan for construction staging to allow
for pump station operation during construction
Deliverables: 50% Bidding Documents and cost estimates.
Schedule: The schedule is submitted within seven days of the
kickoff meeting.
Assumptions:
• Design and bidding of all four lift stations will be
concurrent to minimize design overlap efforts
• System integrators (AE2S) will provide control
diagrams, programming and the 40 90 00
Instrumentation and Controls specification
• City will contract directly with electrical engineer to
provide Division 26 specifications
• There will be no boundary or topographical survey required
• There will be no architectural design required
Exclusions:
• Instrumentation and controls ladder diagrams and
programming
• FCC licensing applications for dedicated frequencies in
the VHF and UHF bands for SCADA
Scope of Services | Page 6
SCOPE OF SERVICES
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
Team Members: Paul Herubin and Josh Koopmann
TASK 200B – CONSTRUCTION DOCUMENTS/ BIDDING
Objectives: The objective of the pump station design is to
develop a complete package for bidding and construction of
the four (4) pump station rehabilitation projects. The bidding
documents must be full and effectively convey the information
required to construct the facilities and solicit competitive bids.
Input Required: The Sambatek team will solicit information
from the City at the design kickoff meeting and during 50-
and 90-percent design submittals. Interim meetings to review
progress and the design product will also solicit input and
subsequent revision. Information is needed at critical times
for technical specifications, drawings, and cost estimates to
ensure that the bid package is developed on schedule and
conveys the City’s desires and expectations.
Plan and Specification Preparation
• Construction Documents
• Utilize City of Eden Prairie standard terms and
conditions
• Incorporate City review comments
• Incorporate AE2S’s Specification Section 40 90 00
Instrumentation and Control
• Technical Specifications for work identified in plans.
• Crosscheck drawings and specifications among the
disciplines
• Prepare design review sets at 90%, and Final Bidding
Documents for the pump station rehabilitation
Bidding
• Assist with answering bidders’ technical questions within
48 hours during the solicitation
• Issue addenda if required
• Attend bid opening, tabulate the results
• Prepare letter of recommendation to the City
• Prepare Notice of Award and Contract Agreement and
forward to Contractor
Deliverables. Bidding documents: Plans and Specifications
(Project Manuals) for each Lift Station Nos. 1, 11, 13, and 15
rehabilitation and bidding schedules. Submit one pdf set of
stamped drawings and specifications for each of the respective
pump stations. Estimate the probable cost of construction.
Engineers’ recommendation for bid award. Prepare Notice of
Award and Contract Agreement and forward to Contractor.
Schedule: The schedule for document completion for the four
lift stations will be November 2022 to allow for Spring 2023
construction.
Team Members: Paul Herubin and Josh Brown
TASK 300 – CONSTRUCTION OBSERVATION AND ADMINISTRATION
The Sambatek team will respond to contractor requests
for information, prepare change orders and other written
directives as required, review contractor shop drawings,
coordinate the construction work associated with our plans,
process pay applications, perform periodic observation,
and keep regular records of the construction activities of
the contractor, prepare punch lists, prepare final inspection
letter, prepare O&M manual for the competed facility and
provide construction management.
We have allotted a budget of 114 hours for this project
phase, with 32 of the hours designated for construction
inspection. However, our involvement and the associated
time will largely be determined by others. Sambatek services
will be charged at our standard hourly rates.
Deliverables: Sambatek Team will provide construction
progress meeting notes. We will prepare punch lists for
completion and attend the final walk-through of the project.
Team Members: Paul Herubin, and Josh Brown
TASK 400 – CONSTRUCTION RECORD DRAWINGS
Sambatek will obtain construction records from the contractor
and compile them along with field representative construction
records. Detailed record drawings will be prepared and
reviewed for accuracy. Draft record drawings will be delivered
to City staff for review and comments, after which the record
drawings will be finalized and submitted to City for archiving.
Deliverables: Draft and final records of construction.
Schedule: Monthly reports.
Team Members: Josh Koopmann
TASK 500 – SPECIAL SERVICES (PERMITTING)
Sambatek will prepare required permitting documents for
City and deliver them to City for Agency review. An allowance
of $1,100.00 is allotted for permit preparation.
Deliverables: Provide prepared permits to City for Agency
review.
Team Members: Paul Herubin
City Responsibility: The City will be responsible for and
provide the following:
• City staff reports, meeting minutes, and pertinent
correspondence, as they become available
• The Owner will retain a testing laboratory to conduct
necessary soil compaction and concrete testing
investigations. Scope of Services document to be prepared
by the Sambatek team
• Permit applications and filing fees
• Standard panel from City’s Controls integrator AE2S, to
be included in the construction documents
Scope of Services | Page 7
SCOPE OF SERVICES
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15 Proposed Costs | Page 8
PROPOSED COSTS
Compensation for the services for each task as outlined in your RFP will be as follows, unless otherwise noted.
*Task 300 Construction Observation and Administration includes 32 hours for on-site inspection.
**Task 500 Special services includes an allowance of 8 hours to work with agencies to obtain permits.
On the following page, please find a copy of our 2022 hourly rate schedule.
Task Amount
Task 100 Meetings $ 4,400
Task 200 Design $ 34,250
Task 300 Construction Observation and Administration*$ 16,500
Task 400 As-Builts $ 2,000
Task 500 Special Services**$ 1,100
Total Estimated Fees $ 58,250
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15 Proposed Costs | Page 9
PROPOSED COSTS
Municipal Hourly Rate Schedule*
Effective: 1/1/2022
CAD Tech I $119
CAD Tech II $124
CAD Tech III $128
CAD Tech IV $134
Engineer I $118
Engineer II $128
Engineer III $140
Engineer IV $171
Engineer V $215
Environmental Scientist I $114
Environmental Scientist II $129
Environmental Scientist III $133
Environmental Scientist IV $139
Field Tech I $113
Field Tech II $125
Field Tech III $128
Field Tech IV $133
Instrument Tech $110
One-Person Survey Crew $131
Survey Manager $144
Field Tech Intern $83
Landscape Architect I $113
Landscape Architect II $124
Landscape Architect III $134
Landscape Architect IV $153
Planner I $110
Planner II $120
Planner III $130
Planner IV $150
Project Manager $165
Senior Project Manager $181
Administration $89
Client Service Manager $184
Director $215
Special equipment is additional @ actual cost plus 10%
Reimbursables are additional @ actual cost plus 10%
Mileage is calculated per federal guideline (IRS)
*All rates subject to change.
Schedule | Page 10Proposal for Grand Rapids Public Utilities Cost of Service and Rate Design Study
SCHEDULE
City of Eden Prairie Lift Station Nos. 1, 11, 13, & 15 Project Schedule
ACTIVITIES WEEK OF
Task ID Task Description Start Date End Date
8/17/20228/24/20228/31/20229/7/20229/14/20229/21/20229/28/202210/5/202210/12/202210/19/202210/26/202211/2/202211/9/202211/16/202211/23/202211/30/202212/7/202212/14/202212/21/202212/28/20221/4/20231/11/20231/18/20231/25/20232/2023 - 9/20/20239/27/2023100 MEETINGS
Proposals Due Feb 23 Feb 23
Notice to Proceed Mar 7 Mar 7
Kick off Meeting Mar 9 Mar 9
200 DESIGN
50% Plan to City Mar 9 Apr 1
Meeting to Discuss 50%Apr 8 Apr 8
90% Plans, Specs, Costs to City Apr 8 Apr 22
Meeting to Discuss 90%Apr 29 Apr 29
100% Biding Documents to City May 6 May 6
Bidding Documents Out to Bid May 6 May 31
Bid Due Jun 6 Jun 6
Recommendation Jun 10 Jun 10
300 CONSTRUCTION OBSERVATION
Award to Contractor Jun 13 Jun 13
NTP Jun 13 Jun 13
Completion Jun 20 Sept 27, 2023
400 AS-BUILTS
Record Drawing Preparation Sept 28, 2023 Sept 28, 2023
500 SPECIAL SERVICES
Permits Apr 29 May 6
Proposal for Eden Prairie Lift Station Nos. 1, 11, 13, & 15
SIMILAR PROJECT EXPERIENCE
LIFT STATION NO. 4 REHABILITATION | BROOKLYN CENTER, MN
Sambatek recently completed the design for the
rehabilitation of Lift Station No. 4. The rehabilitation consists
of pump replacement, pipe replacement, top structure
improvements, and concrete apron replacement.
MUNICIPAL SANITARY SEWER LIFT STATIONS | SPRING PARK, MN
Sambatek serves as the City Engineer for the City of Spring
Park and has assisted the City with upgrading or replacing
five of the City’s lift stations. The new stations include
submersible pumps, electrical service panels, and forcemain.
MAIN LIFT STATION | COTTONWOOD, MN
Sambatek worked with City of Cottonwood to design a new
lift station feeding the main WWTP. Lift station was a duplex,
800-GPM with VFDs and backup generator.
MUNICIPAL SANITARY SEWER LIFT STATIONS | WABASSO, MN
Sambatek worked with the City of Wabasso to replace two
municipal sewage lift stations. The new stations included
submersible pumps, electrical service panels, and forcemain.
MCES ST. BONIFACIUS INTERCEPTOR AND LIFT STATION | ST. BONIFACIUS, MN
1000-GPM capacity wet pit/dry pit lift station and a 12”
force main.
ORONO/LONG LAKE INTERCEPTOR AND LIFT STATIONS | ORONO, MN
The Orono interceptor consisted of 21” gravity sewer and
18” force main. The Long Lake interceptor was a 16” force
main.
MAPLE PLAIN WWTP INTERCEPTOR AND LIFT STATION | MAPLE PLAIN, MN
A maximum 1,500-GPM lift station and 12” force main.
MCES INTERCEPTOR MASTER PLAN | ST. PAUL, MN
Conducted onsite evaluations on thirty-five (35) lift stations
throughout the MCES interceptor system in the seven
county areas surrounding the Twin Cities.
WASTEWATER LIFT STATION RENOVATION MCES (L-24) | ST. BONIFACIUS, MN
Wastewater lift station renovation that included replacement
of existing dry pit pumps and motors with adjustable
frequency drive units.
WASTEWATER LIFT STATION RENOVATION MCES (L-52) | WACONIA, MN
Wastewater lift station renovation that included replacement
of existing dry pit pumps and motors with adjustable
frequency drive units.
WASTEWATER LIFT STATION MCES (L-73) | WOODBURY, MN
Siting and design of a 23-million-gallon per-day (mgd) lift
station and routing of 7,500 linear feet of a 72-inch tunnel.
WASTEWATER LIFT STATION | CANNON FALLS, MN
Facility plan, design and construction administration of for
new 1.0-MGD influent pumping facility.
NORTHWEST AREA INTERCEPTOR SEWER AND LIFT STATION | KASSON, MN
A new 1-MGD 10 ft diameter lift station was designed to
pump flow from the northwest area interceptor.
LIFT STATION DESIGN, CLEAR LAKE SANITARY DISTRICT | CLEAR LAKE, IA
Design of five lift stations to convey flow to wwtp. Lift
stations were 1, 2, and 4 MGD in size.
SOUTHWEST AREA TRUNK SEWER | HUTCHINSON, MN
10-MGD lift station designed with dual wet well and dual
force mains to pump the initial and future flows and 30 inch
interceptor sewer staged for future growth of Southwest
area.
OGDEN ROAD LIFT STATION | ST. MICHAEL, MN
500-GPM lift station to service the area east of Hwy 94.
MCES EXCELSIOR L-18, L-19, AND L-20
Design of a new interceptor along with rehabilitation of 3
existing lift stations.
Similar Project Experience | Page 11
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Accept Quotes and Approve Agreement for Contracted Services with Killmer Electric for the Installation of LED Lighting Equipment
ITEM NO.:
VIII.J.
Motion
Move to: Accept quotes and approve the Standard Agreement for Contracted Services with
Killmer Electric Company, Inc. for the installation of lighting equipment as part of phase 2 of the Miller Park Lighting Project in the amount of $52,850.00. Synopsis As part of the City’s sustainability efforts and because of multiple failures and high cost of maintenance of the existing fixtures, staff included in the CIP a project to convert the field
lighting at Miller Park from old, metal halide fixtures to more efficient and easier to maintain LED fixtures. The soccer/football fields were completed last year and staff is now planning to replace the fixtures on the five ballfields. City Council recently approved a contract for the purchase of this equipment and so a request for quotes was sent to multiple contractors for the installation of this equipment. Staff received quotes from three contractors and a summary of
those quotes is included below:
Contractor Quote
Killmer Electric Co., Inc. $52,850.00 Gunnar Electric Inc. $115,125.00
Prairie Electric Co., Inc $177,900.00
Killmer Electric has done many projects for the City of Eden Prairie and staff is comfortable with
their ability to complete the work. Funds for the purchase and install of these lights are included in the Capital Improvement Plan (Capital Maintenance and Reinvestment Fund). Attachment
Standard Agreement for Contracted Services – Killmer Electric
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 20th day of September, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Killmer Electric Company, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 5141 Lakeland Ave N, Minneapolis, MN
55429.
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 Miller Park Ballfields – Installation of Lighting 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 September 20, 2021. The Work shall be completed by March 1, 2023.
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.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 13
f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $52,850.00 as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
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
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 13
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 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 13
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. 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 Agreement for Contract Services 2017 06 01.01 Page 5 of 13
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.
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
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 13
year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 13
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 13
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places
available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Contractor further agrees to comply with all aspects 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 13
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.
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.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 13
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 13
Exhibit A
STRUCTURAL INSTALLATION OF LED LIGHTING SYSTEM ON EXISTING POLES (1) BASEBALL AND (4) SOFTBALL/YOUTH BASEBALL
MILLER PARK CITY OF EDEN PRAIRIE A. Unloading of Lighting Equipment:
1. Installing contractor is responsible for unloading lighting equipment at time of
delivery.
2. All lighting fixtures and equipment must be placed in containers or in a secured area
until installed.
3. Protection and safe keeping of lighting equipment is the contractor’s responsibility
until all lighting equipment is mounted on poles.
B. Takedown and Removal of Existing Lighting:
1. Existing lighting fixtures, crossarms, platforms, luminaire wiring, pole wire harness,
and pole mounted electrical components shall be removed from all poles and removed
from site by contractor.
2. Steps can remain on poles (baseball field).
3. Bullhorns on softball fields shall be removed.
C. Installation Timing:
1. Upon owner’s approval, take down of existing lighting system and installation of the
new lighting system may commence.
2. If fields are still in use, scheduling of installation can be arranged between owner and
contractor for areas of inactivity or for mutually agreed upon times for construction
work.
3. Installing contractor shall have the option of starting installation on available fields in
early fall or/and installation of any of the fields with access issues once ground is
frozen.
4. Installation of lighting system must be completed and be operable by March 1, 2023.
D. Mounting of Lighting Equipment to Poles:
1. All fixtures, crossarms, remote electrical component enclosures, and pole wire
harnesses shall mount to poles in accord with lighting manufacturer’s
recommendations.
2. Factory provided pole wire harness shall be connected to luminaire wiring at top of
pole and to wiring in remote electrical component enclosure located on lower portion
of pole.
Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 13
3. Pole wire harness shall be attached to “J” hooks located inside of pole with wire mesh
grips (wire mesh grips provided as part of the pole wire harness).
4. Contractor is responsible for providing metal coverings over pole top and openings
from bullhorn removal.
5. Contractor shall mount the remote electrical component enclosure on the lower
portion of the pole approximately 10’ above grade. Contractor shall be responsible
for drilling a wire access into the pole and providing a welded coupling per lighting
manufacture’s recommended location on pole.
6. All wire connections shall be completed from the existing underground wiring to the
disconnect located in the remote electrical component enclosure including any
additional wire connections in the remote electrical enclosure required to make the
electrical system complete and operable.
7. Contractor is responsible for mounting and connecting (1) owner supplied security
fixture at a 20’ height on the A1baseball field pole and the A4 softball field pole
(existing wire access into pole).
E. Aiming of Light Fixtures: 1. Light fixtures are factory aimed and shall be installed in accord with the lighting
manufacturer’s recommendations.
2. Upon completion, contractor shall be responsible to provide for an additional check
on the overall aiming by making sure no fixtures appear to be aimed outside of the
play area.
3. If discrepancies appear, the contractor shall notify Sports Lighting Authority to make
sure any perceived problems are addressed while contractor and lifts are still on site.
F. Installation of Wireless Control System: 1. Contractor shall mount the wireless control contactor cabinets (provided by owner)
adjacent to the existing breaker panels. Installation of a pedestal may be required for
mounting the wireless control panel for outside mounted equipment at the baseball
field.
2. All electrical connections shall be made between the existing electrical system and
the new control panels to provide a complete and operable lighting system.
3. Upon completion of the installation of the wireless control panel, contractor shall
check to make sure all fixtures are operable and complete any additional
commissioning of the wireless control system in accord with the recommendations
and direction of the lighting manufacturer.
4. Contractor shall notify Sports Lighting Authority (owner’s representative) that all
work has been completed and the lighting system is operable and ready to be tested.
G. Site Requirements: 1. Access to pole locations (including fence removal if necessary) shall be the
responsibility of the owner.
Standard Agreement for Contract Services 2017 06 01.01 Page 13 of 13
2. Restoration for damage caused by trucks and equipment shall be the responsibility of
the installing contractor (unless noted otherwise).
H. Design Build Installation: 1. Contractor is responsible for installation of a complete and operable lighting system
in accordance with these specifications.
2. The installation of the lighting system and associated wireless control cabinets may
require design/build for any items not addressed in the specifications and drawings.
3. The City will provide the LED lighting fixtures, crossarms, pole wire harness, remote
electrical component enclosures, and wireless control cabinet.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Authorize Entering into a Professional Services Agreement with WSB for Design and Construction Documents for the Flying Red Horse Monument
ITEM NO.:
VIII.K.
Motion
Move to: Authorize entering into a Professional Services Agreement with WSB at a cost
not to exceed $30,000 for Design and Construction Documents for the Flying Red Horse Monument. Synopsis
This agreement is for the final design and construction documents that will allow for the bidding and construction of the plaza and the installation of the Flying Red Horse Monument. Staff anticipates receiving the land from the Met Council in the summer of 2023. Once the land is received, final bidding and onsite construction can proceed.
Background In 2013, the City Council accepted the Historic Flying Red Horse Monument from the Schwartz family with the intent to locate it within a city facility or park.
The following information was provided by Katie Schwartz. “The station was established in the early 1920’s and my grandfather started delivering fuel oil for them at that time. Then in 1936 the station was transformed into a Mobil station and the Flying Red Horse was born. The sign
was placed on the rooftop at that time and was only removed once before its final removal on
March 22, 2008. The time prior was in the late 1970’s so our company could expand for the entrance of Country Kitchen. Before the remodel, the building was known as “The Wye Café”. My grandmother worked as a waitress for many years and this is how she met my grandfather Jesse Schwartz, Sr. It was known as the Wye because of how 212 and W. 78th Street came
together at that corner. The Flying Red Horse is a historical landmark for the City of Eden Prairie
and its residents. Everyone who knows of it has a story about it. Whether it was the indicator you were almost to Minneapolis, an indicator for pilots, or just a good place to meet a friend. There were always reasons to meet at the “Horse”.
After many discussions with the Parks, Recreation and Natural Resources Commission, the
Historic Preservation Commission, and city staff, it has been determined that the best location is at the new Town Center Plaza.
Attachment Professional Services Agreement
701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM August 26, 2022
Mr. Jay Lotthammer Director of Parks and Recreation City of Eden Prairie
15150 Technology Drive Eden Prairie, MN 55344 Re: Flying Red Horse Final Design Professional Services Proposal
Dear Mr. Lotthammer:
I am pleased to submit this letter proposal on behalf of WSB (Consultant) to the City of Eden Prairie (Client) for professional services related to the development of a final design of the Flying
Red Horse Monument Sign.
SCOPE OF SERVICES
It is our understanding that this project is to include the final design documents for the Flying Red Horse interpretive monument sign and related pedestrian improvements to include concrete walks, a bench seating area, two (2) interpretive signs, and lighting based on an approved
concept plan. The following scope of services includes the steps necessary to complete a successful design and construction project.
A. FINAL DESIGN
1. Project Kick-Off Meeting: The Consultant will facilitate a project kick-off meeting with the Client and select stakeholders to confirm the scope of work for final design, project
schedule and deliverables.
2. Site Meeting: The Consultant and Client will attend a site meeting to view the existing sign and review its condition, construction and other data necessary for use during final design. A site visit will also be conducted to identify the approximate size, location and orientation of the sign based upon the approved concept plan and confirm any necessary
modifications to carry into final design based on site parameters.
3. Final Design: The Consultant shall coordinate with the Client throughout final design process to ensure the sign design is meeting the desired intent, characteristics and requirements of the Client for construction. This will include design development plans of primary monument sign and two (2) interpretive signs illustrating sign materials, construction methods and options for layout and materials. Final Design plans will be suitable to distribute to sign vendors and contractors for fabrication and installation. Final Design to include professional design and engineering services for the preparation of final construction documents for the Flying Red Horse monument sign to include:
a. Site layout plan
b. Site grading plan
Jay Lotthammer August 26. 2022 Page 2
c. Development of interpretive sign content and imagery
d. Construction details illustrating materials, size and construction methods for the pavement, interpretive signs and monument sign, including structural
engineering for the foundation / footings.
e. Electrical plans for lighting related to the monument sign to include LED outline lighting of the horse and lighting of the Eden Prairie sign. Electrical sub-consultant, Electrical Design Initiatives, will provide electrical plans.
f. Restoration & landscape plan
g. Written technical specifications for related work.
h. Attendance of two (2) virtual design review meetings with the Client at 50% and 75% complete milestones prior to 100% completion of final plans.
i. Preparation of construction of probable costs for construction.
4. Bidding / Quote Process: The Consultant will facilitate a bid or quote process to obtain pricing for construction of the proposed improvements, as follows:
a. Consultant will upload an Advertisement for Bid and distribute construction document plans to select Contractors through QuestCDN or directly through
a quote process.
b. Consultant will answer questions that arise and prepare addenda as necessary.
c. Consultant will attend a bid opening, or collect quotes, including preparation
of a bid tabulation upon completion.
d. Consultant will review all bids / quotes and provide a letter of recommendation for selection of a contractor.
B. ADDITIONAL SERVICES
Services other than those listed in the Scope of Services above and requested and authorized in
writing by the City. These services shall be billed on an hourly basis according to the current Hourly Rate Schedule.
C. FEE PROPOSAL
It is proposed that the Scope of Services identified in Tasks A and B above to be billed on an hourly not to exceed basis as follows:
Project Management: $ 1,000 Kick-Off Meeting: $ 300 Site & Sign Reviews: $ 1,300 Design Review Mtgs: $ 500
Interpretive Sign Designs (2): $ 2,000 Site & Sign Final Design: $ 5,300
Structural Engineering: $ 5,800 Specifications: $ 2,000 Estimates & QAQC: $ 1,400 Bidding: $ 600
Electrical Engineering: $ 9,800
Total: $30,000
Jay Lotthammer August 26. 2022 Page 3
ASSUMPTIONS & EXCLUSIONS 1. Assumes Client is responsible for full program coordination with one individual representing the Client’s interests.
2. Assumes Client is responsible for legal counsel, advice and services available to the Consultant during the term of this Agreement on any or all matters related to the project such as, but not limited to, title opinions, interpretations of agreements, covenants and laws affecting the project, review and preparation of project agreement documents, participation in presentations to public agency staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the project itself.
3. Assumes Client is responsible for coordinating all meetings with City staff, stakeholders, Commissions, and City Council. 4. Assumes geotechnical soil investigation services are not necessary. 5. Assumes there will be no permits necessary other than a building permit for construction, to
be obtained by the contractor. 6. Assumes suitable mapping in cad format will be provided to the Consultant from the Client.
ACCEPTANCE This letter represents our entire understanding of the project scope. If the City of Eden Prairie is
in agreement, the necessary contract documents can be provided and signed. WSB will start work upon receipt of a signed contract.
Thank you for the opportunity to allow us to see this nostalgic piece of history for the community
of Eden Prairie come back to life! If you should have any questions regarding this proposal, please contact me at 612.518.3694.
Sincerely,
WSB
Candace Amberg, PLA Jason L. Amberg, PLA Project Manager Director of Landscape Architecture
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for Eden Prairie Sidewalk Hazard Repair 2022 to Aurora Asphalt & Concrete.
ITEM NO.:
VIII.L.
Motion
Move to: Award contract for the replacement of 88 hazardous sidewalk panels and one effected driveway apron to Aurora Asphalt & Concrete in the amount of $35,503.25. Synopsis
This city has many sidewalk panels throughout the city that have become hazardous to sidewalk users, with one area in which the adjacent resident’s driveway apron must be replaced during the repair process to effectively fix the hazard. The panels have cracked, broken, and heaved or sunken out of the plane of their surrounding surfaces creating tripping hazards, pooling water,
and ice for sidewalk users. The recommended solution to replace the damaged sections of sidewalk with new concrete sections. Background
The scope of this project is to remove the damaged panels, correct the soils below, pour new concrete sidewalk panels and apron, and perform restoration work on the adjacent affected areas. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2022 Sidewalk Hazard Repair Project
Aurora Asphalt & Concrete $35,503.25
Mill City Concrete and Masonry Inc. $90,000.00
Attachment Form of Contract
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 20th day of September, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Aurora Asphalt & Concrete, a Minnesota company (hereinafter "Contractor") whose business address is 16200 Highway 10, Elk River, MN 55330.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for the removal and replacement of many damaged and hazardous sidewalk sections as well as one effected driveway apron 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
September 20th, 2022. The Agreement shall continue for one (1) year thereafter, and
automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
c. Provide approval of concrete forms prior to pouring concrete. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $35,503.25 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
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: _______________________________
Section # ADDRESS Panels Driveway Apron Comments
R1 7324 Ontario Blvd 3
R2 17530 Pavelka Dr 1
R3 15365 Lesley Ln 2
R4 7950 Timberlake Dr 3
R5 7956 Timber Lake Dr 3
R6 14280 Carmody Dr.2
R7 14184 Carmody Dr 11
R8 14148 Carmody Dr 13
R9 14256 Carmody Dr 3
R10 8895 Knollwood Dr 5
R11 9187 Victoria Dr 3
R12 9079 Victoria Dr 4
R13 7700 Equitable Dr 2
R14 12200 Middleset Rd 1 Panel across the street from this address.
R15 12619 Valley View Rd 5
R16 12446 Plaza Dr 2
R17 6240 Coteau Tr 2
R18 6232 Coteau Tr 3 One panel is in the driveway.
R19 6216 Coteau Tr 3 Two panels are in the driveway.
R20 8680 Grier Lane 9 1 Provide separate bid for these sidewalk panels and driveway apron.
R21 7431 Hames Way 8 1 Provide separate bid for these sidewalk panels and driveway apron.
TOTAL 88 2
Driveway Apron & Sidewalk
Sidewalk Replacements 2022
Route 3
Route 2
Route 4
Route 1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for Staring amphitheater and lower parking lot block staining 2022.
ITEM NO.:
VIII.M.
Motion
Move to: Award contract to clean and re-stain the Staring amphitheater seat walls and to clean, stain, and apply anti-graffiti coating on the new big block retaining wall at Staring lower parking lot to Odessa II in the amount of $27,070.20. Synopsis
This Staring amphitheater seating walls were sealed with colored stain in 2008. Since that time, the wall has weathered and worn from the elements and usage. The sealant application has begun to fail. To protect the wall stone beneath from weathering and to extend the longevity of the wall stone it is recommended that the stone be cleaned and resealed. The Staring lower parking lot
retaining wall was constructed in the spring of 2022. To protect the wall stone from weather elements and vandalism it is recommended that the stone be cleaned, sealed, and have an anti-graffiti coating applied to its surface. Background
The scope of this project is to clean the Staring amphitheater block seat walls and re-stain all exposed surfaces and to clean the Staring lower parking lot retaining wall, apply stain sealant, and apply anti-graffiti coating.
The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation
The summary of the bids submitted is as follows:
2022 Sidewalk Hazard Repair Project
Odessa II 27,070.20$
Clean N’ Seal $33,760.00
Attachment
Form of Contract
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 20th day of September, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Odessa II, a Minnesota company (hereinafter "Contractor") whose business address is 9003 Mayhew Lake Rd NE Sauk Rapids, MN 56379.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for the cleaning and staining of retaining wall stone for the Staring amphitheater seating wall and the cleaning, staining, and application of anti-graffiti coating for the Lower Staring parking lot retaining wall 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
September 20th, 2022. The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.
3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
e. Contractor must honor the City’s request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $27,070.20 as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance
of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties. 12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Jeremy Barnhart
ITEM DESCRIPTION:
Code Amendment –Temporary Sales Events
ITEM NO.:
IX.A.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to
Temporary Sales Events
Synopsis The proposed ordinance establishes a new Temporary Sales event opportunity for Eden Prairie
retailers. The amendment proposes that with a permit issued by the City, a parcel with a retail business
may have up to 4 outdoor sales events per year for which to promote their business and sell items offered in the store. Each event may last up to 4 days, including set up and take down. The size of the sales event is limited to 4% of the retail business area; for industrial or multi-tenant properties, up to 4% of the retail component. Provisions for additional temporary signage during the event, are also
proposed.
Background In all Commercial zoning districts, temporary or permanent outdoor displays are allowed and are often
used for mulch display, garden produce, etc. Staff has received requests for additional sales event
opportunities, sidewalk sales, tent sales, etc. from the business community. The proposed Temporary Sales Events language supplements the options currently available. While outdoor display areas already permitted by City Code, must be screened and are limited in their encroachment into the parking lot, these restrictions are not applied to the Temporary Sales Events.
Concerns with outdoor sales can include transient sales; sellers taking over a corner of an unused parking lot to display and sell hot tubs/ rugs/ cars, meat, etc., detracting from the high-quality character of the commercial neighborhood. The items sold, size, duration, and frequency of the events is intended to preserve the established character. To protect from these issues, the amendment proposed
includes safeguards such as parameters on length of sales, size of sales area, and outdoor sales of items
offered in the store. In researching area communities, staff did not find that other regional malls are hosting transient sales. The standards proposed are generally in line with those found in other metro cities with regional malls.
If the proposed amendment moves forward, staff will recommend the addition of a permit fee to the 2023 fee schedule later this year.
Planning Commission Recommendation
At its meeting on August 22nd, the Planning Commission voted 6-1 to recommend approval of the
amendment to Section 11.03 relating to Temporary Sales Events. The Planning Commission discussed whether the regulations were adequately flexible, but generally agreed that amendments could be processed to expand options if desired in the future.
Attachments 1. Ordinance 2. Staff Report 3. Unapproved Planning Commission Minutes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, AND 11.70 RELATING TO OUTSIDE
STORAGE, DISPLAYS, AND SALES; 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. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, is amended to revise the title of Subsection J to read “Outside Storage, Displays, and Sales”. Section 2. City Code Chapter 11, Section 11.02, is amended by inserting the following new
definitions:
Temporary Outdoor Sales Event means a sales event held out of doors, characterized by the short-term or seasonal nature of the event.
Outdoor Display Area Limits means the actual square footage under a tent or
enclosed in any manner, plus any area obstructed from its intended use due to access by an outdoor display area or outdoor sales event. Section 3. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(a) is amended
in the first sentence by inserting after the word “year” the phrase “only with the prior approval of
the City Manager or their designee and”. Section 4. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(a)(3) is amended by deleting “a private sidewalk at least five (5) feet wide” and replacing it with “any
designated pedestrian pathway”.
Section 5. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(a)(5) is amended by deleting the item in its entirety and replacing it with the following:
(5) Is not located in the required parking area unless in accordance with
the following: a. Not more than one-half of one percent (0.005) of the required parking stalls may be utilized for the temporary
outdoor display area.
b. Any impact to drive aisles is subject to approval by the Fire Chief.
2
Section 6. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(b) is amended
in the first sentence by inserting after the word “year” the phrase “only with the prior approval of
the City Manager or their designee and”. Section 7. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 2(c) is amended by deleting the item in its entirety and replacing it with the following:
(c) Outdoor Display Area Limits. Outdoor display area limits may encompass an area no greater than seven percent (7%) of the base area of the completely enclosed building.
Section 8. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J, Item 4 is amended
by inserting after the word “type” the phrase “, including a temporary outdoor sales event,”. Section 9. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection J is further amended by adding the following new Item 5:
5. Temporary Outdoor Sales Events. Temporary outdoor sales events are permitted
in any zoning district that permits retail use and only upon compliance with the following:
(a) Permit Required. No temporary outdoor sales event may be held without first obtaining a permit from the City. Any person who operates a retail
business in the principal building on a parcel or the owner of the parcel on
which a retail business is located may apply for a temporary outdoor sales permit for the parcel. The applicant must complete an application form provided by the City and submit with the application a complete description of the temporary outdoor sales event and a sketch showing the
size and location of the event on the parcel and any other information
deemed necessary by the City to consider the application. If the applicant is not the owner of the parcel on which the event will be held, the applicant must provide evidence satisfactory to the City of the owner’s consent for the temporary outdoor sales event. The applicant must also submit at the
time of the application the then-current permit fee set by Council
ordinance or resolution. The City Manager or their designee will approve or deny the permit no more than thirty (30) days from the receipt of the complete application and payment of the applicable fee. Permits are subject to all requirements of this subsection J.5. Any event held within a
tent must obtain a tent permit from the City.
(b) Location. The temporary outdoor sales event may only be held in the location specified in the approved permit. Any impact to drive aisles is subject to approval by the Fire Chief. The temporary outdoor sales event may not obstruct designated pedestrian pathways.
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(c) Products Sold. Only products regularly sold within the principal building may be sold at the temporary outdoor sales event.
(d) Size. The temporary outdoor sales event may not encompass an area
greater than four percent (4%) of the base area of an enclosed building located on the parcel on which the outdoor sales area is situated. In Industrial Districts and for parcels that include multi-tenant buildings, the outdoor sales area may not exceed four percent (4%) of the gross retail
space of the industrial user or tenant for which the permit was issued.
(d) Duration. No temporary outdoor sales event may last longer than four (4) days, including set-up and take-down.
(e) Frequency. No parcel may be issued more than four (4) temporary outdoor sales event permits per calendar year.
Section 10. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection H is amended by
adding the following new Item 4:
4. Where temporary outdoor sales events are permitted by Section 11.03, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same parcel as the
temporary outdoor sales event area for the duration of the event. The sign
may not appear before the set-up of the temporary outdoor sales event and must be removed concurrently with the take down of the temporary outdoor sales event.
Section 11. 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 12. 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 20th day of September, 2022, and finally read, adopted, and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 2022.
_________________________________ _________________________________, Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
4
TO: Planning Commission FROM: Jeremy Barnhart, City Planner
DATE: August 22, 2022 SUBJECT: Code Amendments – Outdoor Sales Events and signage
BACKGROUND
Section 11.03 of the Zoning Code allows businesses in all Commercial zoning districts an opportunity for Temporary or Permanent Outdoor Display area, with certain restrictions related to location, size, parking and sidewalk impacts. Temporary Outdoor displays are allowed for a period less than 60 days per calendar year, and Permanent displays are allowed for longer than 60 days. Temporary Outdoor displays are often used for trees sales near the holidays, and Permanent Displays
are commonly used as an extension of the primary structure on site. Examples of this are the outdoor (but enclosed) sales areas at Menards, Home Depot, and Wal-Mart. (The vegetable stand at Eden Prairie Center operates under authority as a temporary outdoor display, with the farm produce time exception.) Because these displays are often in the parking lot and for substantial time, there are limits to the amount of required parking that can be obstructed, among other restrictions.
Over the years, staff has received several inquiries for special sales events. Staff has determined that these events, with certain safeguards, would support the business community and provide additional retail events for customers by encouraging vibrancy and activity to commercial spaces. CODE AMENDMENT Staff proposes revisions to Section 11.03 by adding regulations for a ‘new’ activity: Outdoor Sales Event. The proposal allows any retailer in a non-residential zoning district, on property where they sell
products, to host a sales event for up to four days, with up to 4 events per year. Staff envisions these to be tent events, or ‘sidewalk’ type sales. The proposed regulations limit items sold outdoors to those items sold in the store. The sales event could only occur on the property owned or managed by the sales host. The size limitation and items sold provide flexibility for the business community with minimal regulation. The main difference between Outdoor Display Areas, and Outdoor Sales Events
is the proposed ordinance does not require screening for sales and provides more flexibility related to siting for outdoor sales events. SIGNS Staff also proposes a minor change to the sign code to include signage for temporary sales events
consistent with current policy and practice.
Staff Report – Temporary Sales Events
August 22, 2022 Page 2
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AREA COMMUNITY COMPARISON As with any regulations impacting a competitive commercial marketplace, staff consulted
neighboring communities for their regulations for special events and shopping centers. While area cities seemed more permissive in the general commercial areas, they were more restrictive in their mall zoning districts. With respect to malls and outdoor sales, there was no consistent solution among the cities of Minnetonka, Bloomington, Edina, and Richfield. Some cities are very restrictive, while other cities do allow outdoor events with specific parameters similar to those
proposed. We did not find evidence that any city allowed transient sales widely. The drafted proposal is generally in line with the opportunities available to other communities without being overly restrictive or permissive. STAFF RECOMMENDATION
Staff recommends approval of the code amendment to City Code to allow a new sales activity -Outdoor Sales Events, with ancillary signage as presented. Line numbers in the draft ordinance are provided to guide discussion.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 22, 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: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Vice-Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were Pieper and Mette.
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Markos to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Gooding to approve the minutes of August 8, 2022.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. CODE AMENDMENT FOR SIGNS
Request for:
• Amend City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts
Barnhart presented the staff report. This Code Amendment would amend the City Code Chapter 11 and impact the three zoning districts listed (RM-2.5, Office and Town Center/all TOD). This was Phase II of the Sign Code Change, Phase I having implemented content neutrality. Signage for multifamily residential
PLANNING COMMISSION MINUTES August 22, 2022
Page 2
buildings would allow for 25 square feet, up from 6 square feet. Signage for the Office Zoning District would increase freestanding signs from 50 square feet to
80 and increase wall signage on large walls (2,500 square feet and more) to two percent of the wall area, up to 150 square feet. Wall signage for multi-tenant buildings would remain the same. The Town Center and TOD Districts would see the greatest change: it would add
regulations for freestanding signs, 80 square feet or 36 square feet for a corner lot. Residential freestanding signs in this district would be limited to 32 square feet. Wall signs would allow up to 15 percent of the wall area or for larger walls (500 square feet and above), 75 square feet plus five percent of the wall area. A residential wall would allow up to 25 square feet and a height adjusted sign limit
up to 50 square feet. Awning, A-Frame or Sandwich Board, and projecting signs would also be allowed under certain parameters. The amendments also included some housekeeping items to clarify existing language with to provide consistency in application and enforcement of the code.
Kirk asked Barnhart to characterize Eden Prairie in relation to signs. Barnhart Eden Prairie pride in built environment signage is one of the first things noticeable about the City and this draft was consistent with that overall image without being permissive. This Code change opened a door but not excessively.
Kirk and Farr agreed. Farr added he remembered a conversation in which the City Council would extend leniency to retailers struggling due to the pandemic and this allowed some nonconforming, “feather” signs and wondered if this “olive branch gesture” was coming to a stop with this Code Amendment. Barnhart replied enforcement was complaint-based, yet the City would remain helpful to
struggling retailers. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0. MOTION: Gooding moved, seconded by Kirk to recommend approval of the Amendment to the City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts based on the staff report dated August 22, 2022, and the attached sign code language. Motion carried 7-0. B. CODE AMENDMENT FOR TEMPORARY SALES EVENTS Request for:
• Amend City Code to allow temporary sales events for retailers Barnhart presented the staff report. This Code Amendment would create another opportunity for the business community to hold events. Temporary outdoor
displays were allowed at present, based on a percentage of the base area of the
building and allowed to impact a small (0.05) percentage of parking
PLANNING COMMISSION MINUTES August 22, 2022
Page 3
encroachment allowed. This change would allow for temporary sales event/special events, up to four percent of the base area of the business. Up to
four events per calendar year would be allowed per parcel. The limitation was intended to not allow for “perpetual” special events but true temporary sales. Gooding gave an example of a “special sale” that was similar to the concern expressed by the staff at Eden Prairie Mall and asked how restrictive the language
was in the Code change as applied to sales of items the business did not normally sell. Barnhart replied the intent was to restrict the type of product, not the brand, so the business would not be restricted from selling a new brand in a special sale. The four-day restriction would include setup and takedown.
Markos asked if businesses could ask for special exemptions, such as with multiple vendors having special sales. Barnhart replied nothing was off the table for negotiations. The Code allowed for certain parameters of use and the business owner/applicant could apply for a variance or be governed via a PUD Agreement requiring a public hearing.
Farr asked if landlords of multi-tenant retail buildings should be notified, since they might be asked to track their tenants’ requests. Barnhart replied there would be outreach so that all affected business owners were informed up front. Farr asked for and received clarification that the four percentage of the business base
would be applied across the board. Barnhart also clarified that not all tenants of a building were commercial, so those would not be included in the percentage. Discussion followed on the need to address the specific concerns of the general manager of Eden Prairie Mall before voting on this Code Amendment. The commission agreed, with the exception of Sherwood, that while the request was
legitimate, there were other ways to address this request with delaying the vote. Barnhart stated Scheels at Eden Prairie Mall was asking for a special event, which triggered the urgency in this change. MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 7-0. MOTION: Grote moved, seconded by Kirk to recommend approval of the Code Amendment Chapter 11 Temporary Sales Events, based on the staff report dated August 22, 2022. Motion carried 6-1 (nay vote by Sherwood).
PLANNERS’ REPORT
MEMBERS’ REPORTS
VI. ADJOURNMENT
PLANNING COMMISSION MINUTES August 22, 2022
Page 4
MOTION: Markos moved, seconded by Grote to adjourn. Motion carried 7-0. The meeting was adjourned at 7:48 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
September 20, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Sarah Strain
ITEM DESCRIPTION:
Amendments to City Code Chapter 11 relating to the Sign Code
ITEM NO.:
IX.B.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to the
Sign Code. Synopsis Planning staff’s work plan includes a comprehensive update to the Sign Code. The updates are intended to
address multiple items including content neutrality, sign regulations for recently created zoning districts,
organization/format, and housekeeping items. Additionally, staff has identified opportunities to provide more flexibility to site users. The first phase of the sign code update was content neutrality, which was approved by City Council earlier this year. This second phase includes the creation of sign regulations for the TOD and Town Center zoning districts as well as amendments to existing regulations in the Office
and RM-2.5 zoning districts. Additional housekeeping items are intended to clarify portions of the code to
provide for consistency in application and enforcement. Background
When the Town Center (TC) and Transit-Oriented Development (TOD) zoning districts were created, the sign regulations for Commercial zoning districts were applied to these new zoning districts as a placeholder. However, current Commercial sign regulations do not provide the flexibility desired for these multi-modal, walkable areas. The proposed sign regulations for TC and TOD signs generally maintain the
same size requirements as Commercial zoning districts for wall and freestanding signs but implement
different height and setback standards. In addition, the TC and TOD districts are proposed to allow for awning signs, projecting signs, and sandwich board signs. It is proposed that sandwich board signs be allowed in all non-residential zoning districts.
Amendments are also proposed to sign allowances in the Office zoning district. This is due to both the
high number of variances staff and Planning Commission have seen in recent years and research of neighboring cities. The proposed amendment will allow the same size of freestanding sign that is permitted in Commercial and Industrial zoning districts. Wall signage is proposed to be scaled to the size of the building, similar to how the Commercial zoning district scales the size of wall signs.
Further, amendments are included for the RM-2.5 zoning district for wall signage to allow larger signs. Currently, all residential districts have the same wall sign requirements, which are scaled to fit single-family or town-home style dwellings.
Planning Commission Recommendation
The Planning Commission recommended approval of the proposed amendment in a 7-0 vote at their August 22 meeting. One question raised by the Planning Commission was the proposed amendment to allow sandwich board signs in the Office zoning district. There are several uses that are permitted in both the Office and Commercial zoning districts, such as tutoring services, medical offices, and professional
offices. To be equitable in application of the sign code, the proposed amendment would allow sandwich
board signs in the Office zoning district since the same users would be allowed sandwich board signs if in Commercial zoning district. Attachments
1. Ordinance Amending Section 11.70 2. Staff Report 3. Unapproved Planning Commission Minutes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, RELATING TO SIGNS; 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. City Code Chapter 11, Section 11.70, Subdivision 3 is hereby amended by adding the following new definitions:
Awning Sign means a sign that is integrated into a roof like structure projecting over a window, doorway, deck, patio, or storefront.
Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary sign
with two visible sides that is situated adjacent to a business, typically on a sidewalk.
Section 2. City Code Chapter 11, Section 11.70, Subdivision 4, is hereby amended by adding the following new subsections:
T. Where permitted by Subdivision 5, no more than one (1) sandwich board sign is
permitted per lot or parcel of record unless the lot or parcel contains multiple tenants, in which case one (1) sandwich board sign per tenant is permitted. A sandwich board sign may not be located within any required setbacks, vehicular travel lanes, or within a parking stall and must not obstruct any pedestrian pathways. Sandwich board signs may only be displayed during the operating
hours of the user or tenant displaying the sign.
U. Signs that identify the address of a building are required by the State Building Code and State Fire Code and are permitted in all districts. Any address-identification sign less than six (6) square feet will not count toward a building’s maximum square foot allowance for wall signs.
Section 3. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, is hereby amended in the first line by deleting the phrase “, TOD-R, and TC-R; and TOD-MU and TC-MU if the project includes residential uses”.
Section 4. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, Item 1 is hereby deleted in its entirety and replaced with the following:
1. Wall Signs. For the R, R-1 and RM-6.5 zoning districts, one (1) wall sign per building
not greater than six (6) square feet in area. For the RM-2.5 zoning district, the total wall signage permitted is twenty-five (25) square feet per street frontage.
Section 5. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, Item 4, is hereby amended by deleting the phrase “, TOD-R, TC-R, TOD-MU, and TC-MU”; and replacing the word
“districts” with the word “district”.
Section 6. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended in the first line by deleting the words “, and TC-C; and TOD-R, TOD-MU and TC-MU if the project contains commercial uses”.
Section 7. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended
by adding the following new Item 6:
6. Sandwich board signs are permitted as provided in Subdivision 4.
Section 8. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C, is hereby amended in the first line by deleting the words “; and TOD-MU, TOD-E, TC-MU, and TOD-C if the project includes office uses”.
Section 9. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C, Item 1 is hereby
amended by deleting the phrase “fifty (50)” in items 1.a and 1.b and replacing it with the phrase “eighty (80)” in both instances.
Section 10. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C, Item 2 is hereby amended by deleting the item in its entirety and inserting the following new Item 2:
2. Wall Signs.
a. The total area of wall signage on any wall may not exceed fifty (50) square feet when the surface area of the wall does not exceed 2,500 square feet. When the surface area exceeds 2,500 square feet, the total area of wall signage may not exceed two percent (2%) of the total surface area, not to
exceed a maximum sign area of one hundred fifty (150) square feet.
b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted in addition to the signage allowed in item 2.a above.
c. Square foot allowances for wall signs may be divided between multiple signs
so long as the total square footage per façade does not exceed the maximum
allowed in this item 2.
Section 11. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C is hereby amended by adding the following new Item 5:
5. Sandwich board signs are permitted as provided in Subdivision 4.
Section 12. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D, is hereby amended
in the first line by deleting the phrase “; and TOD-E if the project includes industrial uses”.
Section 13. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D is hereby amended by adding the following new Item 6:
6. Sandwich board signs are permitted as provided in Subdivision 4.
Section 14. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection F is hereby amended by adding the following new Item 5:
5. Sandwich board signs are permitted as provided in Subdivision 4.
Section 15. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection G is hereby
amended by adding the following new Item 5:
5. Sandwich board signs are permitted as provided in Subdivision 4.
Section 16. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection H is hereby amended by adding the following new Item 5:
5. Sandwich board signs are permitted as provided in Subdivision 4.
Section 17. City Code Chapter 11, Section 11.70, Subdivision 5, is hereby amended by adding
the following new subsection I:
I. Town Center and TOD Districts: TOD-E, TOD-MU, TOD-R, TC-C, TC-R, and TC-MU.
1. Free-standing Signs.
a. A lot or parcel of record having one (1) street frontage may have one (1) free-
standing sign not to exceed eighty (80) square feet.
b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street
frontage generating the allowance. No free-standing sign may be closer than three
hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement.
c. For the TOD-R and TC-R districts, one (1) sign not to exceed thirty-two (32)
square feet per street entrance is permitted.
d. Setback. Signs need not be setback from the property line, so long as there is no conflict with public utilities or traffic sight lines as determined by the City Engineer.
e. Height. Maximum height may not exceed twenty (20) feet when located along
arterial roadways. The location of the sign must be on the side of parcel abutting
the arterial roadway. When located along collector, local, or private roadways, maximum height may not exceed eight (8) feet.
f. Sign Base. The sign base may not exceed one-half (½) the maximum permitted
sign area.
g. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign.
h. Free-standing signs that are double-faced signs must be placed back to back with
not more than thirty (30) inches between facings.
2. Wall Signs.
a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500)
square feet, a wall sign may not exceed seventy-five (75) square feet plus five
percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet.
b. Wall area will be computed individually for each tenant in a multi-tenant building
based on the exterior wall area of the space that tenant occupies. The total area of
a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, the wall sign may not exceed seventy-five (75) square feet plus five
percent (5%) of the wall area in excess of five hundred (500) square feet. In no
event may the maximum sign area for any individual tenant wall sign in a multi-tenant building exceed three hundred (300) square feet.
c. In the TOD-R and TC-R districts and for residential portions of mixed-use buildings, twenty-five (25) square feet of wall signage located at the ground floor
of the building is permitted per street frontage.
In addition to the signage allowed at the ground floor, residential portions of buildings, either single or mixed-use, are allowed one (1) wall sign above the ground floor. Signs located above the ground floor are allowed ten (10) square feet of sign area per story of the building, up to fifty (50) square feet. The size of
the sign must correlate to the sign’s location on the building, not the overall
height of the building, as outlined in the following table. The ground floor sign allowance may not be added to upper story sign allowance to create one or more signs larger than 50 square feet.
Sign Location on Building Exterior Upper Story Maximum Sign Area
2nd story 25 sq ft
3rd story 30 sq ft
4th story 40 sq ft
5th story or higher 50 sq ft
d. Wall signs for a multi-tenant building must be located on the building in a
uniform manner or within an architectural sign band area.
3. Projecting signs are permitted in all TOD and TC zoning districts. Projecting signs will be counted as part of the total allowable wall signage but the area of the projecting sign will not be counted as part of the total wall area. A projecting sign may not
exceed ten (10) square feet. The distance between sign faces must be no more than
twenty (20) degrees or twelve (12) inches. Projecting signs are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. A projecting sign may not project into the public right-of-way nearer than two and one-half (2.5) feet to the street curb or curb line. Signs may not project onto
private property without an encroachment agreement that has been approved by the
City and recorded with the County.
4. Awning signs are permitted in all TOD and TC zoning districts. An awning sign is permitted only as an integral part of the awning to which it is attached or applied and must be parallel to the building. Awning signs will be counted as part of the total
allowable wall signage for the building but the awning area will not be counted as part
of the total wall area. Signs on awnings are permitted on both the awning flap (valance) and awning face (shed). Awning signs extending over a public sidewalk are limited to a projection distance of not more than four (4) feet from the building façade onto which it is attached. An awning may not project into the public right-of-way
nearer than two and one-half (2.5) feet to the street curb or curb line. Awning signs
may not extend onto private property without an encroachment agreement that has been approved by the City and recorded with the County.
5. Temporary signs are permitted only as provided in Subdivision 4.
6. Parking Structures. Parking structures are allowed twenty (20) square feet of wall
signage per entrance to the structure. Signs must be located near the entrance to the
parking structure.
7. Incidental signs are permitted as provided in Subdivision 4.
8. Sandwich board signs are permitted as provided in Subdivision 4.
Section 18. City Code Chapter 11 Section 11.70, Subdivision 7, Subsection B is hereby amended
by adding the following new Item 8:
8. Sandwich board signs.
Section 19. 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 20. 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 20th day of September, 2022, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the _____ day of _______________, 2022.
_________________________________ _________________________________, Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner II
DATE: August 22, 2022 SUBJECT: Code Amendment – City Code Chapter 11, relating to the Sign Code
BACKGROUND
Planning staff’s work plan includes a comprehensive update to the Sign Code. The updates are intended to address multiple items including content neutrality, sign regulations for recently created zoning districts, organization/format, and housekeeping items. Additionally, staff has identified
opportunities to provide more flexibility to the site user. The first phase of the sign code update was
content neutrality, which was approved by City Council earlier this year. This second phase includes the creation of sign regulations for the TOD and Town Center zoning districts as well as amendments to existing regulations in the Office and RM-2.5 zoning districts.
OBJECTIVES
The objective of the proposed code amendments is to establish sign regulations for the recently created Town Center and Transit Oriented Development (TOD) zoning districts as well as expand sign allowances in the Office and RM-2.5 zoning district. Additional housekeeping items are
intended to clarify portions of the code to provide for consistency in application and enforcement.
The proposed amendments here assume the incidental sign amendment, currently scheduled for review by City Council, is approved. The attached draft tracks the changes proposed. PROPOSED CODE AMENDMENTS
Office Zoning District Three (3) of the four (4) variances approved by the Planning Commission last year were related to signage in the Office zoning district. This prompted staff to review the Office sign standards. Compared to neighboring communities, Eden Prairie has some of the most restrictive sign
allowances in the Office zoning district. City Code currently allows one (1) 50 square foot wall sign per street frontage. Properties with one (1) street frontage are allowed one (1) 50 square foot freestanding sign; additional street frontages are each allowed 36 square feet of freestanding signage. Many of the Office zoned properties are located adjacent to or are intermixed with Commercial or
Industrial zoning districts, which both have greater sign allowances than the Office zoning district. The table on the following page summarizes the proposed amendments to the Office zoning district sign allowances. Office zoned properties with one (1) street frontage would be allowed one (1) 80
square foot freestanding sign. Properties with additional street frontages would each be allowed 36
Staff Report – Phase Two Sign Code Amendments Page 2
2
square feet of freestanding signage per additional street frontage; this is the current allowance for
additional street frontages in the Office zone and is proposed to remain unchanged. The amendment would make freestanding sign allowances in the Office zone consistent with allowances in Commercial zones. For wall signs, a ratio approach is proposed to scale the size of the sign to the building, similar to the scaling of Commercial wall signs. Multitenant buildings are currently
allowed 30 square feet of signage per tenant if the sign is located on the ground floor; there are no proposed changes. Sign Type Current Allowance Proposed Allowance
Freestanding/Monument 50 square feet; additional
frontages allowed 36 square feet each
80 square feet; additional frontages
allowed 36 square feet each
Wall Sign 50 square feet per street Wall < 2,500 square feet = 50
square foot sign Wall > 2,500 square feet = sign size equal to 2% of wall area up to 150
square feet
Wall Sign (for multitenant structures) 30 square feet per tenant. Sign must be located at ground floor. 30 square feet per tenant. Sign must be located at ground floor. Town Center and Transit Oriented Development (TOD) Zoning Districts The Town Center zoning districts were originally established in 2007, and the Transit Oriented
Development (TOD) districts were established in 2016. Both districts underwent amendments in 2018 to bring their standards closer in line with each other. When the district was established, the Commercial sign regulations were applied as a placeholder. The current Commercial sign regulations do not provide the flexibility desired for these multi-modal, walkable areas. The intention of these new sign regulations is to allow additional signage that is typical of downtown, multi-modal
areas. The Town Center Design Guidelines and reviews of neighboring downtown areas served as the basis for these proposed sign code with some modifications. One notable modification, the Town Center Design Guidelines do not recommend awning signs. Signage on store awnings is typical of
downtown areas and is a desired feature for creating a pedestrian atmosphere. To allow awning signs while respecting the Town Center Design Guidelines, the proposed draft clarifies that the signage must be integrated into the main structure of the awning. The intention is to discourage temporary awning signs.
The following new definitions are proposed as part of the new regulations:
Staff Report – Phase Two Sign Code Amendments Page 3
3
Awning Sign – A sign that is integrated into the roof like structure projecting over a
window, doorway, deck, patio, or storefront. A-Frame/Sandwich Board Sign – Sandwich board signs are self-supporting, A-shaped, freestanding temporary signs with two visible sides that are situated adjacent to a
business, typically on a sidewalk.
The proposed section I in the attached draft sign code language outlines the proposed sign regulations for the Town Center and TOD districts.
Sandwich Board Signs
As part of these updates, staff is proposing to allow A-frame/sandwich boards in all non-residential zoning districts. City Code does not currently allow sandwich board signs in any zoning district. Staff is aware that properties throughout the City are currently using sandwich boards. To the best of staff’s knowledge, there have not been complaints about the sandwich
boards. The proposed definition for sandwich board signs is presented above. The proposed code
amendment would allow one (1) sandwich board sign per tenant in all non-residential zoning districts. The sign will need to meet all front, side, and rear yard setback requirements and cannot be located in a vehicular lane, parking stall, or required pedestrian pathway. The sandwich board sign can only be displayed in front of and during the operating hours of the tenant advertised.
RM-2.5 Zoning District The creation of residential sign allowances as part of the TOD and Town Center zoning districts prompted staff to look at the signage currently allowed by City Code for residential properties. All residential zoning districts are allowed one (1) six (6) square feet sign per building. While
this is appropriate in scale for single family homes and townhomes, it is insufficient for
multifamily or senior living. This is often not enough signage to install the address legibly, let alone provide any additional wall signs for building identification or internal wayfinding, including parking garage locations and leasing offices. Signs are typically reviewed administratively after the development process. Staff works with sign contractors to bring sings
into compliance with City Code at the time of sign permit application. To the best of staff’s
knowledge, there have not been waivers granted for wall sign size in the RM-2.5 zoning district. One of the waivers requested by the Eden Prairie Multifamily project is for wall sign size to be able to have more signage than six (6) square feet.
Compared to neighboring cities, all other cities allow multifamily buildings more signage than
six (6) square feet. The most restrictive had maximum sign areas of 24 square feet, which is four (4) times larger than the current allowance. The highest sign area allowances were 75 square feet.
To allow additional wall signage to multifamily buildings, and in keeping with area cities, staff is
proposing to increase the allowed wall signage in the RM-2.5 zoning district to 25 square feet
Staff Report – Phase Two Sign Code Amendments Page 4
4
per street frontage. There are no proposed changes to freestanding sign allowances.
Sign Type Current Allowance Proposed Allowance
Wall Sign 6 square feet per building 25 square feet per street frontage
STAFF RECOMMENDATION Staff recommends approval of the amendments to Chapter 11 relating to the Sign Code as represented in the August 22, 2022 staff report and the attached draft sign code language.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 22, 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: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Vice-Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were Pieper and Mette.
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Markos to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Gooding to approve the minutes of August 8, 2022.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. CODE AMENDMENT FOR SIGNS Request for:
• Amend City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts Barnhart presented the staff report. This Code Amendment would amend the City Code Chapter 11 and impact the three zoning districts listed (RM-2.5, Office and Town Center/all TOD). This was Phase II of the Sign Code Change, Phase I having implemented content neutrality. Signage for multifamily residential
PLANNING COMMISSION MINUTES August 22, 2022
Page 2
buildings would allow for 25 square feet, up from 6 square feet. Signage for the
Office Zoning District would increase freestanding signs from 50 square feet to
80 and increase wall signage on large walls (2,500 square feet and more) to two percent of the wall area, up to 150 square feet. Wall signage for multi-tenant buildings would remain the same.
The Town Center and TOD Districts would see the greatest change: it would add
regulations for freestanding signs, 80 square feet or 36 square feet for a corner lot. Residential freestanding signs in this district would be limited to 32 square feet. Wall signs would allow up to 15 percent of the wall area or for larger walls (500 square feet and above), 75 square feet plus five percent of the wall area. A
residential wall would allow up to 25 square feet and a height adjusted sign limit
up to 50 square feet. Awning, A-Frame or Sandwich Board, and projecting signs would also be allowed under certain parameters. The amendments also included some housekeeping items to clarify existing
language with to provide consistency in application and enforcement of the code.
Kirk asked Barnhart to characterize Eden Prairie in relation to signs. Barnhart Eden Prairie pride in built environment signage is one of the first things noticeable about the City and this draft was consistent with that overall image
without being permissive. This Code change opened a door but not excessively.
Kirk and Farr agreed. Farr added he remembered a conversation in which the City Council would extend leniency to retailers struggling due to the pandemic and this allowed some nonconforming, “feather” signs and wondered if this “olive branch gesture” was coming to a stop with this Code Amendment. Barnhart replied
enforcement was complaint-based, yet the City would remain helpful to
struggling retailers. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0.
MOTION: Gooding moved, seconded by Kirk to recommend approval of the Amendment to the City Code Chapter 11 related to signs in the Office, all Town Center, all TOD, and RM-2.5 zoning districts based on the staff report dated August 22, 2022, and the attached sign code language. Motion carried 7-0.
B. CODE AMENDMENT FOR TEMPORARY SALES EVENTS Request for:
• Amend City Code to allow temporary sales events for retailers Barnhart presented the staff report. This Code Amendment would create another opportunity for the business community to hold events. Temporary outdoor
displays were allowed at present, based on a percentage of the base area of the building and allowed to impact a small (0.05) percentage of parking
PLANNING COMMISSION MINUTES August 22, 2022
Page 3
encroachment allowed. This change would allow for temporary sales
event/special events, up to four percent of the base area of the business. Up to
four events per calendar year would be allowed per parcel. The limitation was intended to not allow for “perpetual” special events but true temporary sales. Gooding gave an example of a “special sale” that was similar to the concern
expressed by the staff at Eden Prairie Mall and asked how restrictive the language
was in the Code change as applied to sales of items the business did not normally sell. Barnhart replied the intent was to restrict the type of product, not the brand, so the business would not be restricted from selling a new brand in a special sale. The four-day restriction would include setup and takedown.
Markos asked if businesses could ask for special exemptions, such as with multiple vendors having special sales. Barnhart replied nothing was off the table for negotiations. The Code allowed for certain parameters of use and the business owner/applicant could apply for a variance or be governed via a PUD Agreement
requiring a public hearing.
Farr asked if landlords of multi-tenant retail buildings should be notified, since they might be asked to track their tenants’ requests. Barnhart replied there would be outreach so that all affected business owners were informed up front. Farr
asked for and received clarification that the four percentage of the business base
would be applied across the board. Barnhart also clarified that not all tenants of a building were commercial, so those would not be included in the percentage. Discussion followed on the need to address the specific concerns of the general manager of Eden Prairie Mall before voting on this Code Amendment. The
commission agreed, with the exception of Sherwood, that while the request was
legitimate, there were other ways to address this request with delaying the vote. Barnhart stated Scheels at Eden Prairie Mall was asking for a special event, which triggered the urgency in this change.
MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 7-0. MOTION: Grote moved, seconded by Kirk to recommend approval of the Code Amendment Chapter 11 Temporary Sales Events, based on the staff report dated
August 22, 2022. Motion carried 6-1 (nay vote by Sherwood). PLANNERS’ REPORT
MEMBERS’ REPORTS
VI. ADJOURNMENT
PLANNING COMMISSION MINUTES August 22, 2022
Page 4
MOTION: Markos moved, seconded by Grote to adjourn. Motion carried 7-0.
The meeting was adjourned at 7:48 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
September 20, 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 294227 - 294524
Wire Transfers 1031593 - 1031693 Wire Transfers 9002 – 9024
Purchasing Card 9003
City of Eden Prairie
Council Check Summary
9/20/2022
Division Amount Division Amount
100 City Manager 40,473 304 Senior Board 55
101 Legislative 3,810 445 Cable PEG 13,771
110 City Clerk 5,235 502 Park Development 42,215
111 Customer Service 3,654 509 CIP Fund 268,014
112 Human Resources 26 512 CIP Trails 6,399
113 Communications 9,672 513 CIP Pavement Management 12,519
114 Benefits & Training 6,149 522 Improvement Projects 2006 660
130 Assessing 715 540 Duck Lake Rd. Reconstruction 48,401
131 Finance 502 541 DELL RD (CRESTWOOD TO CSAH 61)5,916
132 Housing and Community Services 416 804 100 Year History 14
133 Planning 1,157 Total Capital Projects 397,964
136 Public Safety Communications 249
151 Park Maintenance 28,882 601 Prairie Village Liquor 101,084
153 Organized Athletics 366 602 Den Road Liquor 210,023
154 Community Center 31,183 603 Prairie View Liquor 102,931
155 Beaches 343 605 Den Road Building 6,549
156 Youth Programs 23,652 701 Water Enterprise Fund 257,259
157 Special Events 1,111 702 Wastewater Enterprise Fund 16,866
158 Senior Center 3,680 703 Stormwater Enterprise Fund 22,670
159 Recreation Administration 7,844 Total Enterprise Fund 717,383
160 Therapeutic Recreation 378
162 Arts 3,877 802 494 Commuter Services 6,499
163 Outdoor Center 635 807 Benefits Fund 915,514
168 Arts Center 2,215 812 Fleet Internal Service 73,058
180 Police Sworn 29,236 813 IT Internal Service 26,532
184 Fire 35,523 814 Facilities Capital ISF 924
186 Inspections 6,230 815 Facilites Operating ISF 34,874
200 Engineering 2,017 816 Facilites City Center ISF 69,770
201 Street Maintenance 99,314 817 Facilites Comm. Center ISF 101,457
202 Street Lighting 80,693 Total Internal Svc/Agency Fund 1,228,627
Total General Fund 429,236
Report Total 2,802,112
301 CDBG 24,642
303 Cemetary Operation 2,100
312 Recycle Rebate 2,160
Total Special Revenue Fund 28,902
City of Eden Prairie
Council Check Register by GL
9/20/2022
Check #Amount Supplier / Explanation Account Description Business Unit Comments
9012 360,998 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Sept 2022 Premiums
9009 290,639 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 08.26.22
9007 201,470 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.12.22
1031646 152,633 XCEL ENERGY Electric Wastewater Lift Station Multi-location electric
9024 151,585 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax Aug 2022
294364 140,390 PLAYPOWER LT FARMINGTON INC Equipment Repair & Maint Capital Maint. & Reinvestment Wyndham Knoll/Prairie East plaground
294335 87,872 ISG Other Contracted Services Capital Maint. & Reinvestment
294453 74,893 BOLTON & MENK INC Design & Engineering Water Capital
1031688 63,124 REPUBLIC SERVICES #894 Other Contracted Services Street Maintenance
9003 62,588 USB-PURCHASING CARD Various Accounts Various Funds
294338 55,115 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital
294375 49,369 STERLING FENCE INC Other Contracted Services Capital Maint. & Reinvestment
294356 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
9011 31,049 EMPOWER Deferred Compensation Health and Benefits103167726,944 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
294297 25,168 ABM ONSITE SERVICES-MIDWEST Vacant Space-Janitor Service Various Funds
1031628 23,428 HANSEN THORP PELLINEN OLSON Improvement Contracts CIP Trails
9014 21,644 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Funds
294330 20,777 GRAYMONT Treatment Chemicals Water Treatment
294474 20,771 GRAYMONT Treatment Chemicals Water Treatment
9010 19,849 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
294348 19,834 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1031635 19,500 ODESA II LLC Other Contracted Services Park Acquisition & Development
294275 18,610 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
294477 18,000 H & L MESABI Equipment Parts Fleet Operating
294410 17,942 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
294324 16,500 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM
294463 15,965 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
294266 14,773 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
294302 14,698 ASSOCIATED EXTERIORS INC Other Contracted Services Rehab
294404 14,322 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1031660 13,771 AVI SYSTEMS INC Equipment Repair & Maint Cable PEG
1031637 13,675 PRAIRIE ELECTRIC COMPANY Supplies - HVAC Pool Maintenance
294258 12,834 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1031687 12,401 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM
9018 12,136 CARD CONNECT Bank and Service Charges Community Center Admin
294432 11,052 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
294239 11,013 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
294366 9,914 PROP Other Contracted Services CDBG - Public Service
294260 9,805 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1031662 9,763 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
1031664 9,534 CLAREY'S SAFETY EQUIPMENT Capital Under $25,000 Emergency Management
294325 9,529 FACILITIES MANAGEMENT EXPRESS LLC Software Maintenance Facilities Staff
294522 9,477 WHEN I WORK INC Other Contracted Services Community Center Admin
294418 9,258 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
294247 8,691 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor - Incentives Prairie Village Liquor Store
1031682 8,140 HAWKINS INC Treatment Chemicals Water Treatment
9015 8,132 CHASE Bank and Service Charges Various Funds
294405 7,767 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294293 7,608 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
294406 7,593 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
294307 7,378 CATALYST GRAPHICS INC Postage Community Brochure
294367 7,356 PVS TECHNOLOGIES INC Treatment Chemicals Water Treatment
294462 7,344 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection
294391 7,153 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
294437 6,991 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
294308 6,931 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
1031625 6,880 ELECTRIC PUMP Equipment Repair & Maint Wasterwater Collection
294396 6,865 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1031691 6,795 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #3
294373 6,750 SNAPOLOGY OF MINNEAPOLIS Instructor Service Camps
1031692 6,694 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
294502 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
1031634 6,099 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
294287 6,092 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
294345 5,927 LYNCH CAMPS INC Instructor Service Camps
1031672 5,916 WSB & ASSOCIATES INC Design & Engineering DELL RD (CRESTWOOD TO CSAH 61)1031690 5,883 STREICHERS Protective Clothing Police Sworn
294456 5,740 BRYAN ROCK PRODUCTS INC Asphalt Overlay Park Maintenance
1031632 5,578 METROPOLITAN MECHANICAL CONTRACTORS Capital Under $25,000 Den Road Building
294383 5,450 ADVANCED HOME IMPROVEMENT LLC Contract Svcs - Roof Park Shelters
294449 5,410 BADGER METER Telephone Water Metering
294465 5,360 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment
294283 5,285 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
294370 5,137 SAFETY VEHICLE SOLUTIONS Other Contracted Services Fire
294315 5,121 CORE SURVIVAL INC Protective Clothing Fire
294464 5,121 CORE SURVIVAL INC Protective Clothing Fire
294365 5,103 POSTMASTER Printing Elections
9013 5,070 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits
294385 4,855 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
294316 4,775 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance
294467 4,750 DAVID DROWN ASSOCIATES Other Contracted Services Organizational Services
294340 4,695 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
294306 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
294443 4,557 ANOVA Operating Supplies Park Maintenance
294416 4,517 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1031641 4,448 STREICHERS Clothing & Uniforms Police Sworn
1031671 4,347 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
294487 4,342 MARCO INC Telephone IT Operating
294349 4,204 MARSHALL ANN MARIE Developer Fees General Fund
294378 4,161 TRAFFIC CONTROL CORPORATION Small Tools Traffic Signals
294483 4,095 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
1031622 4,060 CDW GOVERNMENT INC.Hardware - R&M IT Operating
294427 3,993 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
294351 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
1031686 3,708 POMP'S TIRE SERVICE INC Tires Fleet Operating
294259 3,591 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
294492 3,585 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Stormwater Collection
294428 3,546 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
294377 3,413 TARPS INC Repair & Maint. Supplies Park Maintenance
294234 3,404 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
294466 3,392 DALCO Machinery & Equipment Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294369 3,129 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance
1031636 3,107 POMP'S TIRE SERVICE INC Tires Fleet Operating
294514 3,055 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council
294498 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service
1031640 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
1031670 2,976 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Park Maintenance
294435 2,889 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1031619 2,864 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital
294401 2,577 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
294273 2,560 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
294523 2,550 XTREME INTEGRATION Contract Svcs - Electrical IT Operating
294317 2,530 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment
294331 2,529 GRECO Deposits General Fund
294232 2,529 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
294470 2,498 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
294309 2,484 CENTURYLINK Telephone City Center - CAM
294350 2,460 MEDICINE LAKE TOURS Special Event Fees Trips
1031674 2,400 BOYER TRUCKS Equipment Parts Fleet Operating2942532,362 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
294429 2,346 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
294473 2,300 GILES OUTDOOR SERVICES LLC Other Rentals Stormwater Collection
1031675 2,186 CENTERPOINT ENERGY Gas Senior Center
294311 2,160 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate
294484 2,122 LLOYDS CONSTRUCTION Other Contracted Services Water Enterprise Fund
294363 2,105 PIRTEK BURNSVILLE Repair & Maint. Supplies Wasterwater Collection
294318 2,100 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
1031676 2,099 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering
294454 2,095 BRAAS CO Repair & Maint. Supplies Water Treatment
294395 2,058 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1031680 2,055 GRAINGER Repair & Maint. Supplies General Community Center
294246 2,009 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
294271 2,008 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
294520 1,973 VIDEOTRONIX INC Contract Svcs - Security City Hall (City Cost)
294482 1,921 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Utility Operations - General
294445 1,908 ARVIG Fiber Lease Payments IT Operating
294488 1,777 MARS SUPPLY Operating Supplies Fleet Operating
294387 1,739 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
294336 1,728 JOHNSON CONTROLS Building Repair & Maint.Utility Operations - General
9020 1,727 INVOICE CLOUD INC Bank and Service Charges Various Funds
294262 1,724 DOMACE VINO Liquor Product Received Den Road Liquor Store
294511 1,721 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital
294326 1,691 FOUR INC Software Maintenance IT Operating
1031659 1,686 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
294491 1,675 MINNESOTA AIR INC Capital Under $25,000 Fire Station #3
294282 1,659 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1031647 1,644 ZIEGLER INC Equipment Repair & Maint Fleet Operating
294264 1,627 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
294448 1,585 AXON ENTERPRISE INC Training Supplies Police Sworn
1031645 1,553 WM MUELLER AND SONS INC Repair & Maint. Supplies Street Maintenance
294304 1,530 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development
1031649 1,526 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
9002 1,515 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits
294409 1,504 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1031685 1,503 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
294278 1,478 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
294471 1,448 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
1031693 1,412 XCEL ENERGY Electric Traffic Signals
294312 1,400 CHRIS CASTLE INC Website Development 494 Corridor Commission
1031620 1,388 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
294281 1,377 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
294499 1,375 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
294430 1,372 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
294228 1,365 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
294237 1,353 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
294360 1,350 MOBILE PRO SYSTEMS Equipment Repair & Maint Police Sworn
1031627 1,306 GRAINGER Patching Asphalt Ice Arena Maintenance
1031626 1,303 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
294438 1,301 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1031654 1,299 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
294424 1,269 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1031638 1,256 REINDERS INC Chemicals Park Maintenance2943861,253 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
9016 1,249 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration
294233 1,221 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
294371 1,200 SCOTT NELSON COACHING INC Training Fire
294291 1,173 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
294319 1,170 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal
294310 1,149 CENTURYLINK Other Contracted Services IT Operating
294447 1,148 AVR INC Asphalt Overlay Stormwater Collection
1031656 1,112 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
294268 1,102 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
294379 1,094 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
294494 1,079 NAC Contract Svcs - Plumbing General Community Center
294384 1,078 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1031614 1,074 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance
9019 1,065 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting
294420 1,055 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
294500 1,027 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Arts Center
294512 1,016 STAPLES ADVANTAGE Office Supplies Utility Operations - General
294503 982 RIVERS EDGE CONCRETE Asphalt Overlay Water Distribution
294490 980 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
294398 977 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
294399 975 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
294376 963 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1031651 938 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
294389 912 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1031644 911 VISTAR CORPORATION Merchandise for Resale Concessions
294286 904 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
294381 900 WATERS LARSON AND WATERS Other Contracted Services Arts in the Park
294506 900 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fleet Operating
294321 897 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
294245 890 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
294382 851 WORTHINGTON MATT Tuition Reimbursement/School Organizational Services
294296 847 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1031611 836 FASTENAL COMPANY Safety Supplies Fleet Operating
294299 835 AIRGAS USA LLC Supplies - Pool Pool Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
9023 834 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1031613 825 GREGOIRE, DAVID Other Contracted Services Recreation Admin
294347 804 MACQUEEN EQUIPMENT INC Equipment Parts Fire
1031616 800 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance
294493 788 MVP CRICKET LLC Instructor Service Lesson Skills Development
294440 758 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance
294421 756 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1031673 748 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
294411 746 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
9008 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
294333 734 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance
294442 725 ANDERSON VIVA Other Contracted Services Theatre Initiative
1031689 712 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM
294408 695 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
294517 677 TOTAL MECHANICAL SERVICES Contract Svcs - Ice Rink Ice Arena Maintenance
294515 671 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
294480 658 JOHNSTONE SUPPLY Repair & Maint. Supplies Facilities Staff
294380 655 W S DARLEY & CO Equipment Repair & Maint Fire294337650JOHNSTONE SUPPLY Supplies - HVAC Den Bldg. - CAM
1031597 621 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
294497 620 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire
1031678 612 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
294372 600 SMITHSON, EVERETT Other Contracted Services Staring Lake Concert
294280 596 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store
294505 595 SAFETY SIGNS Operating Supplies Snow & Ice Control
294314 592 CORE & MAIN Repair & Maint. Supplies Preserve Park
294290 592 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1031679 588 ESS BROTHERS & SONS INC Repair & Maint. Supplies Water Distribution
294292 576 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1031617 574 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1031684 561 KUSTOM SIGNALS INC Equipment Repair & Maint Police Sworn
294415 561 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
294354 560 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake
294469 553 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Public Works
294400 547 WINEBOW Liquor Product Received Prairie Village Liquor Store
9022 545 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
294327 540 GALLAGHERS INC Landscape Materials/Supp Street Maintenance
294414 532 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
294342 525 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections
294274 520 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
294407 520 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
294441 511 AIRGAS USA LLC Supplies - Pool Pool Maintenance
294524 500 GOODHUE COUNTY SHERIFF'S DEPT Deposits General Fund
294393 493 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
294249 490 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
294451 490 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
294353 490 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
1031668 477 KORAS, JORDAN Travel Expense Police Sworn
294509 475 SOLUTION BUILDERS Computers 494 Corridor Commission
294229 468 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
294355 467 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
1031663 455 CARLSTON, BRANDON Canine Supplies Police Sworn
294301 454 ASPEN MILLS Clothing & Uniforms Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294269 449 MEGA BEER Liquor Product Received Den Road Liquor Store
294359 440 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
294489 427 MHSRC/DDP Other Contracted Services Senior Center Programs
294507 411 SCHNEIDER BENJAMIN Conference/Training Planning
1031605 409 VINOCOPIA Liquor Product Received Prairie View Liquor Store
294328 400 GLITTER BOMB HAIR Other Contracted Services Arts in the Park
1031630 394 JANEX INC Cleaning Supplies Utility Operations - General
1031666 388 GENERAL PARTS LLC Contract Svcs - General Bldg Fire Station #1
294261 387 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
294235 381 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
294422 366 WINEBOW Liquor Product Received Den Road Liquor Store
294455 366 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center
294516 351 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
294504 350 RUSSELL CLAUDIA Other Contracted Services Theatre Initiative
1031642 349 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
294255 342 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
294279 342 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1031669 335 QUALITY PROPANE Motor Fuels Ice Arena Maintenance294272334PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1031602 322 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
294236 318 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
294481 315 LACOUNT SALES LLC Supplies - General Bldg General Community Center
1031639 315 SPS COMPANIES Supplies - Plumbing Arts Center
1031681 313 H M CRAGG CO Contract Svcs - Fire/Life/Safe General Community Center
294495 311 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
294510 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire
294242 307 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
294352 304 MHSRC/DDP Other Contracted Services Senior Center Programs
1031665 301 FASTENAL COMPANY Small Tools Fleet Operating
294368 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs
294295 281 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
1031609 278 CONCRETE CUTTING AND CORING Equipment Repair & Maint Park Maintenance
294436 278 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
294394 269 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
294457 266 CENTURYLINK Telephone IT Operating
1031600 266 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
294341 261 LIDDELL ANTHONY AR Utility Water Enterprise Fund
294323 260 ESTRINE, ROBERT Other Contracted Services Community Band
294231 260 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
294434 259 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1031652 254 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
294230 252 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store
294256 252 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
294479 251 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
294320 246 EDINA, CITY OF Clothing & Uniforms Police Sworn
294362 245 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
294303 244 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
294417 239 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
294413 238 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
294263 226 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
1031655 221 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
294289 220 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
294403 210 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294425 210 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
294402 201 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
294461 190 COMCAST Internet IT Operating
1031606 190 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
294485 188 LORENZ, JOYCE Travel Expense Communications
294460 188 COMCAST Phone/Data/Web 494 Corridor Commission
294374 188 STAPLES ADVANTAGE Office Supplies Recreation Admin
294252 187 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1031604 186 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
294251 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
294423 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1031623 183 CENTERPOINT ENERGY Gas Arts Center
294227 180 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
294248 180 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
294426 178 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
294501 175 PRZYBILLA ERIC Improvement Contracts Stormwater Capital
294486 172 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
294298 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission294240169LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
294254 165 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
294444 165 ARAMARK Janitor Service Den Road Liquor Store
294439 164 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
294244 162 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294270 162 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
294277 159 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
1031599 159 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
294284 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1031667 157 HACH COMPANY Laboratory Chemicals Water Treatment
1031595 154 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
294300 154 ARAMARK Janitor Service Prairie View Liquor Store
294358 153 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
294450 150 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
294519 150 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
294478 149 HEALTH STRATEGIES Health & Fitness Fire
1031657 146 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
294285 144 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store
294518 142 TWETEN DEREK Improvement Contracts Stormwater Capital
294472 140 GERTENS Landscape Materials/Supp Outdoor Center
294322 140 EPIC EVENT RENTAL Operating Supplies Arts in the Park
1031612 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service
294241 139 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294267 139 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
294288 139 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
294276 133 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1031658 131 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1031661 129 BOHNSACK, SUE Mileage & Parking Senior Center Admin
1031653 124 VINOCOPIA Liquor Product Received Den Road Liquor Store
294412 123 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1031603 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1031629 119 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
294294 116 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
294433 112 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
294419 110 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294508 109 SHRED RIGHT Waste Disposal City Hall (City Cost)
294250 109 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
294392 106 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294361 105 MURPHY KATIE Tuition Reimbursement/School Fitness Classes
294344 103 LUBE-TECH ESI Repair & Maint. Supplies Fleet Operating
294397 102 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
294446 102 ASPEN MILLS Clothing & Uniforms Fire
294332 100 HENNEPIN COUNTY FIRE CHIEF ASSOC Dues & Sub-Magazine etc Fire
294496 100 OVERLINE DANIEL Other Contracted Services Theatre Initiative
1031624 100 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
294458 98 CINTAS Operating Supplies Park Maintenance
294329 95 GRANT KYLE Mileage & Parking Round Lake Beach
9004 94 FURTHER - AKA SELECT FSA - Medical Health and Benefits
294313 93 COMCAST Internet IT Operating
294238 92 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1031598 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1031607 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1031650 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store29433989LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
294305 88 CASTILLO ELBA Tuition Reimbursement/School Fitness Classes
1031615 88 METROPOLITAN FORD Equipment Parts Fleet Operating
294257 82 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
294476 73 GROTH MUSIC Operating Supplies Community Band
1031683 72 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake
294243 72 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
294343 70 LOES OIL COMPANY Waste Disposal Fleet Operating
1031621 68 BOYER TRUCKS Equipment Parts Fleet Operating
1031643 67 UPS Postage Police Sworn
1031631 66 MENARDS Repair & Maint. Supplies Water Supply (Wells)
1031608 55 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1031618 55 VAN PAPER COMPANY Cleaning Supplies General Community Center
294521 53 WENANDE BRANDON Clothing & Uniforms Police Sworn
294357 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
9005 52 SQUARE Bank and Service Charges Prairie Village Liquor Store
294475 51 GRIMCO MIDWEST LLC Operating Supplies Traffic Signs
294265 50 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
294390 50 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
294431 50 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
294452 50 BOHNSACK HANNAH Tuition Reimbursement/School Fitness Classes
294388 48 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1031596 48 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1031633 47 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
294459 47 COMCAST Cable TV Fire
1031593 45 LOWERY, THOMAS Travel Expense Police Sworn
1031594 45 STREIFF, CHAD Travel Expense Police Sworn
1031648 41 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
294346 40 MACIA Dues & Subscriptions Police Sworn
294334 35 IKEMAN NATALIE P&R Refunds Community Center Admin
1031601 35 VINOCOPIA Liquor Product Received Den Road Liquor Store
294468 34 DRAGIEV KRASEN AR Utility Water Enterprise Fund
294513 32 STICE JENNY Operating Supplies Arts Center
9017 24 PAYA Bank and Service Charges Arts
9021 17 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1031610 12 ELLIS, ROBERT Operating Supplies Engineering
2,802,112 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
9/20/2022
Amount Account Description Business Unit
6,836 Plumbing Surcharge General Fund
2,615 Operating Supplies Fire
1,317 Conference/Training Engineering
1,126 Computers IT Operating
1,025 Training Fire
1,000 Conference/Training Facilities Staff
993 Operating Supplies Round Lake
972 Building Materials Riley Lake
929 Conference/Training Fleet Operating
886 Bank and Service Charges Prairie View Liquor Store
845 Dues & Subscriptions Communications
829 Conference/Training Engineering
825 Operating Supplies Police Sworn
810 Operating Supplies Playgrounds
749 Advertising Den Road Liquor Store
749 Advertising Prairie View Liquor Store
749 Advertising Prairie Village Liquor Store
699 Conference/Training Fire
662 Fire Prevention Supplies Fire
648 Clothing & Uniforms Police Sworn
605 Conference/Training Communications
580 Operating Supplies Police Sworn
580 Operating Supplies Fire
577 Tuition Reimbursement/School Police Sworn
577 Tuition Reimbursement/School Police Sworn
577 Tuition Reimbursement/School Police Sworn
549 Licenses, Taxes, Fees Fitness Classes
549 Licenses, Taxes, Fees Fitness Classes
524 Equipment Parts Snow & Ice Control
517 Travel Expense Communications
517 Dues & Subscriptions Planning
495 Tuition Reimbursement/School Police Sworn
476 Repair & Maint. Supplies Facilities Capital
474 Operating Supplies Fleet Operating
473 Operating Supplies Community Center Admin
472 Operating Supplies Day Care
436 Conference/Training Fleet Operating
425 Operating Supplies Arts Center
424 Operating Supplies Special Events Admin
419 Tuition Reimbursement/School Police Sworn
400 Other Contracted Services Housing and Community Service
399 Printing Police Sworn
Amount Account Description Business Unit
395 Tuition Reimbursement/School Police Sworn
393 Repair & Maint. Supplies Park Maintenance
381 Operating Supplies Park Maintenance
365 Repair & Maint. Supplies Miller Park
362 Operating Supplies Special Events Admin
359 Operating Supplies Fire
350 Tuition Reimbursement/School Police Sworn
349 Tuition Reimbursement/School Police Sworn
349 Tuition Reimbursement/School Police Sworn
349 Tuition Reimbursement/School Police Sworn
337 Operating Supplies Community Center Admin
310 Dues & Subscriptions Communications
305 Chemicals Water Treatment
303 Conference/Training Assessing
303 Dues & Subscriptions Assessing
300 Other Contracted Services Liquor Store Delivery
280 Operating Supplies New Adaptive
275 Dues & Subscriptions Ice Arena Maintenance
263 Miscellaneous City Council
259 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
237 Canine Supplies Police Sworn
230 Operating Supplies Day Camp
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
223 Operating Supplies Playgrounds
212 Fire Prevention Supplies Fire
210 Conference/Training Community Center Admin
210 Conference/Training Day Care
200 Conference/Training Pool Operations
197 Operating Supplies Day Camp
194 Other Contracted Services Den Road Liquor Store
194 Other Contracted Services Prairie Village Liquor Store
194 Other Contracted Services Prairie View Liquor Store
190 Lubricants & Additives Fleet Operating
190 Operating Supplies Police Sworn
188 Operating Supplies Youth Programs Admin
188 Office Supplies Police Sworn
186 Operating Supplies Day Camp
185 Licenses, Taxes, Fees Park Maintenance
185 Clothing & Uniforms Police Sworn
Amount Account Description Business Unit
180 Equipment Repair & Maint Public Safety Communications
177 Operating Supplies Police Sworn
177 Operating Supplies Pool Operations
175 Deposits General Fund
175 Training Supplies Police Sworn
175 Operating Supplies Fitness Classes
173 Operating Supplies Playgrounds
166 Computers IT Operating
163 Canine Supplies Police Sworn
162 Dues & Subscriptions Tennis
162 Operating Supplies Planning
160 Operating Supplies Special Events Admin
157 Conference/Training Community Center Admin
157 Conference/Training Community Center Admin
156 Tuition Reimbursement/School Police Sworn
156 Operating Supplies Arts Center
155 Operating Supplies Arts Center
155 Operating Supplies Youth Programs Admin
152 Repair & Maint. Supplies Ice Arena Maintenance
151 Office Supplies Police Sworn
150 Employee Award Organizational Services
150 Computers IT Operating
149 Operating Supplies Arts Center
147 Special Event Fees Senior Center Programs
145 Conference/Training Park Maintenance
141 Miscellaneous City Council
140 Safety Supplies Round Lake Beach
139 Employee Award Organizational Services
139 Operating Supplies Community Center Admin
135 Operating Supplies Outreach
135 Dues & Subscriptions Communications
130 Employee Award Organizational Services
129 Computers Fire
125 Conference/Training Tree Disease
124 Operating Supplies Tennis
120 Operating Supplies Tennis
119 Operating Supplies Outdoor Center
117 Operating Supplies Police Sworn
117 Operating Supplies Police Sworn
116 Safety Supplies Utility Operations - General
115 Repair & Maint. Supplies Fire Station #1
113 Operating Supplies Softball
108 Training Supplies Fire
105 Process Control Equipment IT Operating
105 Operating Supplies Arts in the Park
105 Operating Supplies Arts Center
Amount Account Description Business Unit
105 Operating Supplies Tennis
103 Operating Supplies Outdoor Center
100 Fire Prevention Supplies Fire
100 Licenses, Taxes, Fees Fitness Classes
100 Protective Clothing Fire
100 Operating Supplies IT Operating
99 Operating Supplies Outreach
99 Operating Supplies Police Sworn
96 Operating Supplies Arts Center
95 Office Supplies Elections
93 Operating Supplies IT Operating
93 Tuition Reimbursement/School Police Sworn
92 Small Tools Facilities Staff
90 Dues & Subscriptions Police Sworn
90 Miscellaneous Assessing
90 Operating Supplies Fit Kids Club
90 Software/Hardware Maint.IT Operating
88 Operating Supplies Day Camp
86 Software/Hardware Maint.Fire
85 Operating Supplies Volleyball
85 Operating Supplies Outdoor Center
83 Operating Supplies Round Lake Beach
81 Operating Supplies Police Sworn
81 Operating Supplies Outdoor Center
81 Operating Supplies Arts Center
80 Operating Supplies Youth Programs Admin
80 Operating Supplies Youth Programs Admin
77 Operating Supplies Arts Center
77 Process Control Equipment IT Operating
76 Operating Supplies Street Maintenance
75 Operating Supplies Outdoor Center
75 Conference/Training Communications
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 Operating Supplies Playgrounds
74 Deposits General Fund
74 Small Tools Facilities Staff
73 Repair & Maint. Supplies Water Treatment
73 Operating Supplies Arts in the Park
73 Repair & Maint. Supplies General Community Center
72 Operating Supplies Police Sworn
70 Small Tools Street Maintenance
69 Dues & Subscriptions Communications
69 Dues & Subscriptions Athletic Programs Admin
Amount Account Description Business Unit
67 Operating Supplies Planning
65 Operating Supplies Pool Operations
65 Operating Supplies Staring Lake Concert
60 Operating Supplies Arts Center
60 Operating Supplies Youth Programs Admin
60 Dues & Subscriptions Police Sworn
60 Office Supplies Police Sworn
60 Operating Supplies Day Camp
57 Dues & Subscriptions Police Sworn
56 Operating Supplies Community Center Admin
55 Operating Supplies Arts Center
55 Merchandise for Resale Senior Board
55 Computers IT Operating
55 Operating Supplies Pool Operations
53 Operating Supplies Park Maintenance
53 Operating Supplies Special Initiatives
52 Training Supplies Fire
51 Operating Supplies Youth Programs Admin
51 Operating Supplies Arts Center
50 Operating Supplies Fire
50 Operating Supplies Fire
50 Operating Supplies Outdoor Center
50 Operating Supplies Youth Programs Admin
50 Equipment Parts Fleet Operating
50 Equipment Parts Fleet Operating
49 Operating Supplies Senior Center Programs
48 Small Tools Park Maintenance
48 Operating Supplies Community Center Admin
47 Operating Supplies Arts Center
47 Operating Supplies Concessions
46 Operating Supplies Police Sworn
45 Operating Supplies Police Sworn
45 Operating Supplies Arts Center
45 Operating Supplies Youth Programs Admin
42 Operating Supplies IT Operating
42 Operating Supplies Volleyball
42 Operating Supplies Arts Center
42 Operating Supplies Softball
41 Operating Supplies Arts Center
41 Operating Supplies Arts Center
40 Dues & Subscriptions Police Sworn
40 Operating Supplies Pool Operations
40 Operating Supplies Arts Center
40 Operating Supplies Pool Operations
39 Operating Supplies Day Camp
39 Training Supplies Fire
Amount Account Description Business Unit
39 Operating Supplies Arts Center
39 Repair & Maint. Supplies Police (City Cost)
37 Training Supplies Fire
37 Operating Supplies PeopleFest
37 Operating Supplies Day Camp
36 Operating Supplies Arts Center
36 Operating Supplies Police Sworn
36 Operating Supplies Day Camp
35 Computers IT Operating
35 Operating Supplies Youth Programs Admin
35 Other Contracted Services Organizational Services
35 Landscape Materials/Supp Street Maintenance
34 Operating Supplies Arts Center
34 Operating Supplies Day Care
34 Special Event Fees Senior Center Programs
34 Operating Supplies Arts Center
34 Operating Supplies IT Operating
33 Office Supplies Public Safety Communications
33 Operating Supplies IT Operating
33 Operating Supplies Senior Center Programs
33 Operating Supplies Arts Center
33 Operating Supplies Fire
32 Operating Supplies Youth Programs Admin
32 Operating Supplies Arts Center
31 Office Supplies Administration
30 Computers IT Operating
30 Operating Supplies Police Sworn
30 Operating Supplies Senior Center Programs
30 Conference/Training Engineering
30 Operating Supplies IT Operating
30 Operating Supplies Youth Programs Admin
29 Operating Supplies Arts Center
29 Conference/Training Fleet Operating
29 Operating Supplies Tennis
29 Clothing & Uniforms Theatre Initiative
29 Operating Supplies Arts Center
28 Operating Supplies Playgrounds
28 Operating Supplies Arts Center
28 Operating Supplies Arts Center
27 Operating Supplies New Adaptive
27 Operating Supplies Public Safety Communications
27 Operating Supplies Day Camp
26 Dues & Subscriptions Human Resources
26 Operating Supplies Outreach
25 Employee Award Organizational Services
25 Advertising Recreation Admin
Amount Account Description Business Unit
25 Operating Supplies Special Events Admin
25 Operating Supplies Community Center Admin
25 Operating Supplies Round Lake Beach
23 Operating Supplies Park Maintenance
23 Deposits General Fund
23 Operating Supplies Arts Center
23 Operating Supplies Arts Center
22 Operating Supplies Senior Center Programs
22 Operating Supplies Arts Center
22 Repair & Maint. Supplies Ice Arena Maintenance
22 Clothing & Uniforms Police Sworn
21 Repair & Maint. Supplies Water Treatment
21 Equipment Parts Fleet Operating
21 Operating Supplies Arts Center
21 Dues & Subscriptions Police Sworn
21 Operating Supplies Community Center Admin
20 Operating Supplies Emergency Management
20 Repair & Maint. Supplies Water Supply (Wells)
20 Operating Supplies Playgrounds
20 Operating Supplies IT Operating
20 Operating Supplies Arts Center
20 Operating Supplies Community Center Admin
19 Operating Supplies Special Events Admin
19 Landscape Materials/Supp Utility Operations - General
19 Miscellaneous Assessing
18 Operating Supplies Day Care
18 Equipment Parts Fleet Operating
18 Operating Supplies Police Sworn
18 Operating Supplies Arts Center
18 Operating Supplies Engineering
18 Operating Supplies Arts Center
17 Licenses, Taxes, Fees Ice Lessons
17 Operating Supplies Arts in the Park
17 Dues & Subscriptions Police Sworn
17 Clothing & Uniforms Theatre Initiative
17 Operating Supplies Tennis
16 Dues & Subscriptions Fleet Operating
16 Operating Supplies Day Care
16 Other Contracted Services Organizational Services
16 Operating Supplies Housing and Community Service
16 Employee Award Organizational Services
16 Repair & Maint. Supplies Water Treatment
16 Operating Supplies Playgrounds
16 Operating Supplies Day Camp
16 Operating Supplies Arts Center
16 Operating Supplies Community Center Admin
Amount Account Description Business Unit
15 Operating Supplies Community Center Admin
15 Operating Supplies Athletic Programs Admin
15 Operating Supplies Outdoor Center
15 Dues & Subscriptions Communications
15 Office Supplies Utility Operations - General
15 Other Contracted Services Organizational Services
15 Other Contracted Services Organizational Services
15 Operating Supplies New Adaptive
14 Operating Supplies Arts Center
14 Operating Supplies Youth Programs Admin
14 Operating Supplies Volunteers
14 Operating Supplies Arts Center
14 Operating Supplies New Adaptive
14 Operating Supplies Youth Programs Admin
14 Merchandise for Resale Concessions
14 Operating Supplies Youth Programs Admin
14 Operating Supplies Arts Center
13 Equipment Parts Fleet Operating
13 Operating Supplies Fitness Classes
13 Operating Supplies Arts Center
13 Operating Supplies New Adaptive
12 Office Supplies Police Sworn
12 Operating Supplies Police Sworn
12 Operating Supplies New Adaptive
11 Operating Supplies New Adaptive
11 Training Supplies Fire
11 Operating Supplies Day Camp
11 Operating Supplies Pool Operations
11 Operating Supplies Pool Operations
11 Operating Supplies Police Sworn
11 Merchandise for Resale Concessions
10 Operating Supplies Arts Center
10 Operating Supplies Community Center Admin
10 Merchandise for Resale Concessions
10 Office Supplies Arts Center
10 Office Supplies Special Events Admin
10 Office Supplies Special Events Admin
10 Office Supplies Special Events Admin
10 Equipment Repair & Maint Public Safety Communications
10 Operating Supplies Arts Center
9 Operating Supplies Day Care
9 Operating Supplies Fitness Admin.
9 Operating Supplies Senior Center Programs
8 Operating Supplies Concessions
8 Operating Supplies Day Camp
8 Operating Supplies Youth Programs Admin
Amount Account Description Business Unit
8 Computers IT Operating
7 Operating Supplies Fitness Center
7 Operating Supplies Youth Programs Admin
7 Employee Award Organizational Services
7 Operating Supplies Arts Center
7 Operating Supplies Pool Operations
6 Operating Supplies Police Sworn
6 Operating Supplies Police Sworn
6 Operating Supplies Arts Center
6 Repair & Maint. Supplies Park Maintenance
5 Operating Supplies Park Maintenance
5 Dues & Subscriptions Police Sworn
5 Operating Supplies Tennis
5 Licenses, Taxes, Fees Fleet Operating
5 Licenses, Taxes, Fees Fleet Operating
4 Operating Supplies New Adaptive
4 Operating Supplies Den Road Liquor Store
3 Operating Supplies Police Sworn
3 Operating Supplies New Adaptive
2 Dues & Subscriptions Police Sworn
2 Bank and Service Charges Customer Service
2 Bank and Service Charges Customer Service
2 Special Event Fees Senior Center Programs
1 Operating Supplies Day Care
-4 Operating Supplies Outdoor Center
-22 Operating Supplies Senior Center Programs
-25 Training Fire
-26 Operating Supplies Arts Center
-37 Operating Supplies Arts Center
-50 Equipment Parts Fleet Operating
-53 Operating Supplies Park Maintenance
-75 Tuition Reimbursement/School Police Sworn
-79 Operating Supplies IT Operating
-95 Office Supplies Elections
-150 Conference/Training Fire
-359 Training Supplies Fire
-597 Travel Expense Utility Operations - General
62,588 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
September 20, 2022
DEPARTMENT/DIVISION: Patrick Sejkora & Lori Haak
Water Resources / Engineering
ITEM DESCRIPTION: I.C.# 19837 Approve First Reading of an Ordinance Adding City Code Section 5.78
ITEM NO.:
XI.A.
Requested Action
Move to: Approve First Reading of an Ordinance Adding City Code Section 5.78 relating to Storage of Deicing Materials
Synopsis
The City of Eden Prairie is required to obtain a Phase II NPDES Municipal Separate Storm Sewer
System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA) every five years. The City’s current permit (expires 2025) requires controls on salt storage and transfer to be in place by October 22, 2022. This ordinance is based on a model ordinance provided by the MPCA and brings City Code into compliance with state and federal requirements.
Background Information
The City’s Phase II NPDES MS4 Permit was approved in October 2021. The new permit requires several items to be part of the city’s regulatory mechanisms. This includes a provision for pet waste (Section 9.02), updated stormwater management rules (revisions to Section 11.55 forthcoming), and the regulation of salt application for commercial facilities, institutional facilities, and non-NPDES
permitted industrial facilities (proposed herein).
The Minnesota Pollution Control Agency (MPCA) provided MS4s with a model ordinance as a template for the new salt requirements. The attached ordinance meets the requirements of the MS4 permit while incorporating aspects of the model ordinance that give preference to indoor storage of salt and prohibits its storage in environmentally sensitive areas.
Attachment
Ordinance - City Code Section 5.78
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5 BY ADOPTING NEW SECTION 5.78 RELATING TO SALT STORAGE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Chapter 5 of the City Code is hereby amended by adding the following new section:
SECTION 5.78. SALT STORAGE
Subd. 1. Purpose. The purpose of this section is to establish practices for the storage of
chloride-based deicing materials to control their entry into the Municipal Separate Storm
Sewer System (MS4) in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings stated below.
Salt means any chloride-based substance used to melt snow and ice or otherwise used for its
anti-icing effects.
Impervious Surface means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to installation of the hard surface. Examples include rooftops,
sidewalks, patios, driveways, parking lots, and concrete, asphalt, or gravel roads.
Institutional Facilities means churches, schools, and government buildings.
The definitions contained in Section 5.75 govern other terms used in this section but not defined in this subdivision 2.
Subd. 3. Application. The requirements of this section apply to all commercial facilities,
institutional facilities, and non-NPDES permitted industrial facilities that store salt.
Subd. 4. Requirements, Conditions, and Restrictions.
A. Salt must be stored indoors whenever possible in order to prevent such materials from being affected by rain, snow, wind, and melt water. B. Salt may be stored outdoors only when indoor storage is not possible, subject to the
following conditions, restrictions, and requirements:
1. Salt must be covered at all times.
2. A cover that is waterproof and impermeable must be placed over all salt piles. The cover must prevent runoff and leachate of salt from being generated from
the piles. The cover must be secured at all times to prevent removal by wind or
other weather events. Salt piles and covers must comply with all requirements of Chapter 11.
3. Any damage to the cover during the winter must be temporarily repaired to reduce the entrance of precipitation.
4. All salt must be stored on an impervious surface. Salt may not be stored on
pervious surfaces.
5. Surfaces on which salt is stored must be swept immediately upon seasonal removal of salt.
6. Salt may not be stored within designated floodplains, on top of stormwater
facilities, or down-gradient from snow storage areas.
C. Sweeping, diversions, and containment measures must be implemented to reduce exposure of salt when transferring material in designated salt storage areas.
Subd. 5. Violation; Public Nuisance. Violation of this section is a misdemeanor as provided in Section 5.99. In addition, any condition caused or permitted to exist in violation of this
section is a threat to public health, safety, and welfare, and is declared and deemed a public
nuisance, and may be summarily abated or restored by the City at the violator’s expense, and/or the City may institute a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance. The violator will be liable for the cost of abatement, including administrative costs and legal fees. If an invoice for abatement costs remains unpaid for thirty (30) days after
mailing by the City, the City may specially assess the costs against the property from which
the violation arose.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. 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 ____ day of ____________, 2022 and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the ____ day of _______________, 2022.
____________________________________
Ronald A. Case, Mayor
_____________________________ Nicole Tingley, City Clerk
PUBLISHED in the Sun Sailor on____________________________.