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City Council - 02/21/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 21, 2023 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 Matt 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 Kelsey Engelen Workshop - Heritage Rooms I and II (5:30) A. HOUSING OVERVIEW Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT 6.53 AFFORDABLE HOUSING BASICS Council Workshop Presentation 02.21.23 WHY DOES GOVERNMENT GET INVOLVED IN AFFORDABLE HOUSING AT ALL? Market Failure Classic economics example of a needed good or service that is not provided by the private market without government intervention To Support a Spectrum of Need New & existing residents have a variety of needs & preferences for decent, safe, sanitary, and affordable housing across a jobs & income spectrum The “Grand Bargain” A government/private market relationship where developer gets needed (low or no interest) government financing & provides: •Guarantee of affordability for a specified length of time •Guarantee of physical quality for a specified length of time Pitch deck title 2 WHAT’S IN A NAME? A LOT. 3 •Affordable Housing includes but is not synonymous with Public Housing or Section 8 (the latter two are distinct programs) •Affordable Housing, unfortunately, conjures a number of stereotypes (affiliated with effort / laziness, race / ethnicity, welfare, etc.) •Affordable Housing sometimes called Workforce Housing or Attainable Housing (more stylized attempts to characterize it) •Term ‘subsidized’ housing means there are federal, state, or local funds contributing to a development’s affordability •Industry and others have struggled to introduce a less loaded term, but Affordable Housing is entrenched •Other examples are using ‘Mixed-income’ in place of ‘Inclusionary’ housing and saying ‘developments’ instead of ‘projects’ SO WHAT IS AFFORDABLE HOUSING? •Housing is considered affordable when a household pays no more than 30% of their income toward rent or a mortgage payment •Households paying more than 30% are considered “cost burdened” •Households paying more than 50% are considered “extremely cost-burdened” 4 BUT! 5 There is a BIG difference between a household paying 30% that earns $30,000 and one that earns $150,000 Household One Income: $30,000 / year Less 30% of Income: $9,000_______ Income for all other life expenses: $21,000 Household Two Income: $150,000 / year Less 30% of Income: $45,000_______ Income for all other life expenses: $105,000 Because of this key difference, affordable housing practitioners concern themselves almost exclusively with households that are considered low-or moderate-income WHAT IS LOW-INCOME? As defined by the U.S. Department of Housing & Urban Development (HUD): •Low-Income = Household earning 80% or less than the “Average Median Income” (AMI) •Very Low-Income = Household earning 50% or less of the AMI •Extremely Low-Income = Household earning 30% or less of the AMI •Moderate Income ~ Household earning 80% - 120% of the AMI The AMI for the Minneapolis / St. Paul / Bloomington Metropolitan Statistical Area of which EP is part was $118,200 for a family of 4 in 2022 6 HOW INCOME LIMITS TURN INTO RENTS 7 Income Limits by Household Size 1 2 3 4 30%$24,660 $28,170 $31,680 $35,190 40%$32,880 $37,560 $42,240 $46,920 50%$41,100 $46,950 $52,800 $58,650 60%$49,320 $56,340 $63,360 $70,380 70%$57,540 $65,730 $73,920 $82,110 80%$65,760 $75,120 $84,480 $93,840 Max. Gross Rents by Bedroom Size Studio 1 2 3 30%$616 $660 $792 $915 40%$822 $880 $1,056 $1,220 50%$1,027 $1,100 $1,320 $1,525 60%$1,233 $1,320 $1,584 $1,830 70%$1,438 $1,540 $1,848 $2,135 80%$1,644 $1,761 $2,112 $2,440 Source: Minnesota Housing WHO RUNS PROGRAMS & DISTRIBUTES THE MONEY? 8 Metropolitan Council •Provides Grants to Cities who participate in the Livable Communities Act Programs: LCDA LCDA-TOD LHIA TBRA •Runs HCV for most or region •Sets the “Regional Allocation of Affordable Housing Need” EP’s ‘Fair Share’ is 1,408 affordable units by 2030 HUD Administers or provides $ for •Housing Choice Voucher •“Project-Based” Section 8 •Community Development Block Grants (CDBG) •Emergency Shelter Grants •Public & Indian Housing •Many smaller programs Loosely oversees: •Low Income Housing Tax Credit (LIHTC) which is actually an IRS ‘program’ Minnesota Housing Finance Agency •Allocates LIHTCs •Receives state appropriations for development & rehab •Buys thousands of 1st-time homebuyer loans annually •Conducts the MF & SF Coordinated or “Super RFP” that distributes $150M-200M •Monitors & Oversees a huge portfolio of HUD-funded properties •Advocates for Housing- friendly statutes 9 Eden Prairie •Provides Tax Increment Financing (TIF) on basis of “but for” test •Can issue Housing Revenue Bonds to support developments •Uses own CDBG allocation & Pooled TIF to fund SF Rehab & First-Time Homebuyer programs •Has provided grants for Rental Assistance Financial Intermediaries Including: •LISC •Enterprise •McKnight In the Naturally Occurring Affordable Housing space: •Greater Minnesota Housing Fund (GMHF) •AEON Hennepin County Administers & Distributes •CDBG County-wide (EP gets own allocation) •Affordable Housing Incentive Fund (AHIF) •Oversees the Continuum of Care (for long-term homelessness) •Receives, on formula basis, special program funds WHO RUNS PROGRAMS & DISTRIBUTES THE MONEY? (CONT.) A QUICK INTRO TO PROGRAMS 10 •Public Housing:funded by HUD but run by local Public Housing Agencies (PHAs) –EP does not have a PHA but has a small portfolio of SF public housing units overseen by Met Council. About 1.2M nationwide live in this housing considered of ‘last resort’ •Housing Choice Voucher / Section 8 Voucher:largest single affordable program –funded by HUD & administered for most of 7- county metro by Metro HRA (inc. EP). Voucher given to low-income household who then has to ‘place it’ with a participating landlord. Program is optional for landlords & w/ huge waitlist •Project -Based Section 8:differs from the Voucher program in that the subsidy is tied to the property and unit such that any eligible low- income family can apply to the building (i.e., a non-voucher carrying household). EP has three of these where HUD provides 70% rental assistance: Edendale, Briarhill & Prairie Meadows 11 •LIHTC:when MHFA awards tax credits, they go to developer but it doesn’t have sufficient tax liabilities to realize full value. Instead of using, it sells the credits to investors (typically banks & Fortune 500 companies) who provide the $ developer needs to build project now instead of realizing tax credits over time. Highly competitive. •CDBG:not the most useful tool for housing as you can’t use for new construction. Because of strict rules & income limits, typically used for single-family rehab & first-time homebuyer loans (as EP does) •TIF:“captures” the newly created tax revenue, or “incremental” tax revenue, generated by a new development. TIF “districts” can be just a single building’s boundary or a whole area. Must pass ‘but for’ test that says the development would not have been feasible ‘but for’ the City subsidy. Recent examples include The Ellie & Greco/GTS Housing (Golden Triangle) A QUICK INTRO TO PROGRAMS (CONT.) DIFFERENT PROGRAMS ‘PEG’ TO DIFFERENT AMI LEVELS Public Housing 30% of AMI HCV, PB Section 8 & TIF 50% AMI LIHTC 20% at/below 50% OR 40% at/below 60% AMI 12 Remember –this all assumes a given household pays no more than 30% of income! DIFFERENT PROGRAMS ALSO HAVE DIFFERENT RULES & AFFORDABILITY TERMS 13 LITHC 30 Years of affordability TIF Up to 26 Years of affordability HOME Program 5 to 25 Years of affordability dependent on activity PB-Section 8 Operates on 5-20 Year “Housing Assistance Payment” contracts LET’S TAKE A LOOK AT EDEN PRAIRIE PERMITTING UPS & DOWNS 15 16 BREAKDOWN OF EP HOUSING TYPES 53% 19% 1% 27% Single Family Detached Townhomes (SF Attached)Duplex, Triplex & Quad Multifamily COST BURDEN PROBLEM IN EP 17 18Pitch deck title AVAILABLE RENTAL STOCK BY INCOME HOUSING TASK FORCE Actions Taken to Date Inclusionary Housing Ordinance Requires affordability in most multifamily developments receiving City subsidy, or needing a Comp Plan change or PUD Affordable Housing Trust Fund Flexible account (both for money in and money out) exclusively for affordable housing activities Potential for State match NOAH Preservation Inventory completed, identifying 18 potentially threatened multifamily properties Action Plan in progress 19 MAIN LOCAL FUNDING TOOLS & BUDGET Transit-Oriented Development $1,500,000 Budgeted for $500,000 each for three projects before 2027 NOAH Preservation $800,000 Budgeted for $400,000 each for two projects before 2027 CDBG Approximately $285k from HUD + $100k Pooled TIF CDBG & Pooled TIF support First-Time Buyer & Rehab programs TIF $ amount varies by need of project Typically in the millions 20 Community Land Trust (CLT) $80,000 per year for one WHAHLT house Awarded Met Council Matching Grant Funds to increase feasibility PROGRESS TOWARD 1,408 21 * Only includes 6 units added in partial conversion of office to residential –there are 37 additional affordable units at this property from the City’s initial TIF investment QUESTIONS & CONVERSATION 22 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 21, 2023 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. BLACK HISTORY MONTH WORDS IN ACTION CONTEST WINNERS B. I-494 COMMISSION AND COMMUTER SERVICES UPDATE C. ACCEPT DONATION FROM WALL TRENDS TOWARD THE HOMETOWN CELEBRATION (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 07, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 07, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE CONTRACT FOR GOODS AND SERVICES WITH AUDIO LOGIC SYSTEMS FOR STARING LAKE AMPHITHEATER UPGRADE C. AWARD CONTRACT FOR SMITH COFFEE RAIN GARDEN PROJECT TO MINNESOTA NATIVE LANDSCAPES INC. CITY COUNCIL AGENDA February 21, 2023 Page 2 D. APPROVE PURCHASE OF CRACK SEALANT MATERIAL FROM MIDSTATES EQUIPMENT AND SUPPLY E. AUTHORIZE PURCHASE OF A NEW 2023 FREIGHTLINER SD108 CAB AND CHASSIS WITH DUMP BODY AND PLOW EQUIPMENT F. AUTHORIZE PURCHASE OF A 2023 DODGE DURANGO POLICE VEHICLE G. APPROVE JOINT POWERS AGREEMENT AND TEMPORARY AND PERMANENT EASEMENTS WITH THE METROPOLITAN AIRPORTS COMMISSION (MAC) FOR PIONEER TRAIL IMPROVEMENTS H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR POND 07-24-B WEIR DESIGN I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR THE RAINBOW DRIVE CULVERT REPLACEMENT IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 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 CITY COUNCIL AGENDA February 21, 2023 Page 3 XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: February 21, 2023 DEPARTMENT / DIVISION: Mayor Ron Case ITEM DESCRIPTION: Black History Month Words in Action Contest Winners ITEM NO.: IV.A Requested Action No formal action requested. Morgan Cook, Sudiksha Talla, Hina Kazama, and Ananya Sagi, Human Rights and Diversity Student Commissioners, will be on-hand to announce the winners of the Words in Action Contest for 2023. Synopsis Eden Prairie youth submitted written or visual art pieces based on quotes from Black American civil rights leaders. Participants reflected on the importance of their words and the ways that they can carry their legacies of racial justice forward in our community. Contest winners include: Kindergarten – 8th Grade Sonakshi Dwivedi Itisha Budamagunta 9th- 12th Grade Harshini Tammineedi Abdihakim Abdullahi Special Recognition Eden Lake classrooms – Ms Villavicencio (1st) and Ms Hasch (4th) Attachment None WINNER, 13–18 ITISHA BUDAMAGUNTA EDEN PRAIRIE HIGH SCHOOL My selected quote was about helping others. By helping our friends with school work, we can try to make sure that everyone can fulfill their dream, no matter what they or their family might look like. Which Black American civil rights leader quote are you referencing for your submission? “Life’s most persistent and urgent question is, ‘What are you doing for others?’” Martin Luther King, Jr. 1957 speech in Montgomery, Ala. WINNER, 12 AND UNDER SONAKSHI DWIVEDI EDEN LAKE ELEMENTARY “Not everything that is faced can be changed, but nothing can be changed until it is faced” Which Black American civil rights leader quote are you referencing for your submission? James Baldwin Jan. 14, 1962; “As Much Truth as One Can Bear” The theme of racial justice is used in my poem video when a person sees a little girl being bullied for being black and stands up for her. My quote is the guide/centerpiece of my poem. Which Black American civil rights leader quote are you referencing for your submission? “If there is no struggle, there is no progress.” Frederick Douglass August 3, 1857 WINNER, 13–18 HARSHINI TAMMINEEDI EDEN PRAIRIE HIGH SCHOOL WINNER, 13–18 ABDIHAKIM ABDULLAHI EDEN PRAIRIE HIGH SCHOOL Martin Luther King, Jr. April 16, 1963 letter from Birmingham Jail Which Black American civil rights leader quote are you referencing for your submission? “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied by a single garment of destiny. What affects one directly, affects all indirectly.” The quote I chose was “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied by a single garment of destiny. What affects one directly, affects all indirectly.” Martin Luther King, Jr. (April 16, 1963; Letter from Birmingham Jail). Injustice anywhere is a threat to justice everywhere. This quote from Martin Luther King Jr. reminds us that the struggle for justice and equality is not just limited to one specific group or community, but is a universal issue that affects us all. It highlights the interconnectedness of all people and the fact that the actions of one person or group can have a ripple effect on society as a whole. King's words remind us that in order to truly achieve justice and equality, we must recognize and address the ways in which different forms of oppression intersect and reinforce one another. We must also acknowledge our own privilege and take responsibility for working towards dismantling systems of oppression. One way to carry King's legacy forward in our community is to educate ourselves and others about the ways in which different forms of oppression affect different groups of people. This can include learning about the history of racism, sexism, ableism, and other forms of discrimination and how they continue to affect marginalized communities today. Another way to honor King's legacy is to actively work towards creating a more just and equal society. This can include volunteering with organizations that support marginalized communities, advocating for policy changes that promote justice and equality, and using our privilege to amplify the voices of those who are marginalized. Overall, Martin Luther King Jr.'s quote serves as a powerful reminder that the fight for justice and equality is not just the responsibility of those who are directly affected by oppression, but is a responsibility that we all share. It is a call. CLASSROOM SPOTLIGHT MS. VILLAVICENIO’S 1st GRADE CLASS and MS. HASCH’S 4th GRADE CLASS EDEN LAKE ELEMENTARY Martin Luther King, Jr. Which Black American civil rights leader quote are you referencing for your submission? “The time is always right to do what’s right” CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE February 21, 2023 DEPARTMENT / DIVISION Office of the City Manager Administration ITEM DESCRIPTION I-494 Commission and Commuter Services Update ITEM NO. IV.B. Requested Action No formal action requested. Synopsis Melissa Madison, Executive Director of the I-494 Corridor Commission will give a presentation on resources available to every Eden Prairie resident, commuter and employer and provide updates on results that have led to an average of 5,700 drive-alone commuters converting to a sustainable mode in an average year which results in an estimated 56 million vehicle miles avoided and a reduction in CO2 emissions. Background The I-494 Corridor Commission was formed in 1986 by cities who wished to work together on projects to reduce traffic congestion and improve transportation options. The Commission seeks to influence both the supply side of transportation options and to reduce the demand for road expansion through encouraging people to utilize carpooling, vanpooling, transit, bicycle commuting and telework to reduce traffic congestion. Attachments • 2022 Annual Results Summary • 2023 Legislative Priorities • Commute Concierge flyer • Telework Resources flyer New Carpoolers New Bike Commuters New Teleworkers New Vanpoolers in 6 Vanpools 1,635 1,254 937 61 New Bus and Light Rail Riders1,887 Resulting in an estimated 56 million vehicle miles avoided as a direct result of Commuter Services outreach Each vehicle mile reduced by Commuter Services outreach costs just ¢1 “Commuter Services helps us address a major employee concern - getting to work. It’s like having an extra staff person dedicated to commuting issues.” Paula Prahl, Best Buy Co In an average year, Commuter Services outreach results in the reduction of 23,234 metric tons of CO2 emissions It takes1,161,692 mature trees to reduce the same amount of CO2 emissions1,161,692 trees Each year we hold around 100 onsite commuter fairs with large/medium sized companies and multi-tenant office buildings to assist commuters with commuting resources In a typical year over 5,500 drive alone commuters SWITCH to using a sustainable commute mode after receiving customized assistance from Commuter Services 1,161,692 trees Commuter Services Results Summary Over g Twin Cities Telework by Commuter Services has assisted 331 employers with telework and hybrid work resources along with hundreds of teleworkers in the past year by Commuter Services “It’s great to have the ability to work from home not only to prove we can be just as efficient (if not more) than in office, but also give the environment a much-needed break from the five day commute. The change of pace is wonderful and definitely allows for a good reset. I love how much everyone is coming together despite the circumstances given.” Taylor Drees – Guidewire Software “Bike commuting has a huge impact on my quality of life. When I’m able to bike to work I arrive feeling energized, and the ride back makes for an easy transition from work to home. Working out has always been important for me, but with a toddler at home it can sometimes be a bit more of a challenge. Building a workout into my commute frees up more time in the day for other things. I also love the portions of my commute that circle Lake Harriet and Bde Maka Ska, and often see birds, animals, mist and sunrises over the lake. Elisabeth Groebel – Park Nicollet Legislative Request The I-494 Corridor Commission is requesting $300,000 per year in state funding to promote alternatives to driving alone to work, including: • Telecommuting • Vanpools • Carpools • Transit • Biking to work The Commission will provide telework and hybrid resources, information and assistance on a statewide basis. The Commission requests state funds be eligible to be used as match to federal Congestion Mitigation Air Quality and Carbon Reduction Program opportunities. We are excited to promote Metro Transit’s new Residential Pass which is $14.00/mo. for unlimited transit rides 2023 LEGISLATIVE POSITIONS Bloomington Eden Prairie Edina Minnetonka Richfield Reducing Traffic Congestion I-494 CORRIDOR COMMISSION I-494 CORRIDOR COMMISSION I-494 Commision Chair Rebecca Schack Minnetonka City Council 612-590-3735 rschack@minnetonkamn.gov Legislative Counsel Katy Sen Messerli Kramer 651-556-9220 ksen@messerlikramer.com CONTACT Executive Director Melissa Madison I-494 Corridor Commission / Commuter Services 612-749-4494 melissa@494corridor.org www.494corridor.org Who We Are The I-494 Corridor Commission is made up of elected officials and city administrators from Bloomington, Eden Prairie, Edina, Minnetonka and Richfield, and supported by representatives from MnDOT, the Metropolitan Council, and the private business community. The Commission, together with its Commuter Services outreach program, encourages economic growth and regional prosperity through improved transportation options and supports com- muter alternatives along with roads, bridges and transit im- provements as a combined solution to slow the growth of traffic congestion and improve mobility. Working through employers to reach their employees with op- tions for sustainable commuting is incredibly effective. Commut- er Services works with over 1,000 employers and multi-tenant properties with a wealth of resources and services aimed at converting drive-alone commuters into a sustainable commute mode. We focus on reducing vehicle miles driven by commut- ers by assisting drive alone commuters convert to a sustainable commute mode choice.78% of drive-alone commuters say if their employer provided a commute benefit it would have a major effect on their commute mode choice Resources include: • Telework/Hybrid Work Arrangements – Dozens of re- sources including sample policies, employee agreement, ergonomic and home office safety guidelines and check- list and much more • Hold onsite commuter fairs with employers and multi- tenant office buildings • Keep employers apprised of transit routes that serve their locations and provide up to date bus schedules • Provide customized commute resource displays for em- ployers • TDM Planning, Implementation, Measurement • Promote and manage preferential carpool/vanpool park- ing for employers • Carpool and vanpool ride-matching • Free outdoor bike racks for employers Legislative Request The I-494 Corridor Commission is requesting $300,000 per year in state funding to promote alternatives to driving alone to work, including: • Telecommuting • Vanpools • Carpools • Transit • Biking to work The Commission will provide telework and hybrid resources, information and assistance on a statewide basis. The Commission requests state funds be eligible to be used as match to federal Congestion Mitigation Air Quality and Carbon Reduction Program opportunities. I-494 Corridor Jobs There are more jobs along the I-494 corridor from the airport to I-394 than downtown Minneapolis and downtown Saint Paul combined. State of MN People from 85 out of 87 Counties use I-494 between Hwy 169 and the MSP ariport daily. Data source: Minnesota Department of Employment and Economic Development, the Metropolitan Airports Commission and the Metropolitan Council.Data source: 2019 Metro District NexTen report using GPS data through StreetLight InSight Commuter Services used a state grant to create Twin Cities Tele- work. With the funds we have built a robust website and created a wealth of resources for employers, managers and teleworkers including: • Customizable Telework and Hybrid Work Policies • Teleworker/Hybrid Employee Agreement • Do’s and Don’ts for Telework and Hybrid Work Employees • 22 Tips for Managing Teleworkers/Hybrid Workers • Home Office Safety and Ergonomics Guidelines • Best practice Training for Managers and Teleworkers • Ask An Expert • Mental Health Tips for Teleworkers • Telework Trends Newsletter • Resources for Creating Connection on a Hybrid Team • and more! Commuter Services has assisted 331 employers and 322 teleworkers statewide with the funding in the first 12 months by Commuter Services In May of 2018, Corridors of Commerce awarded $70 million to reduce congestion at the 494/35W interchange by constructing a new ramp from northbound I-35W to westbound I-494. An additional $134 million was awarded to implement E-ZPASS lanes from eastbound France Ave. to Hwy 77 and from westbound Hwy 77 to I-35W. In 2021, the United States Department of Transportation (USDOT) awarded $60 million to aid in the construction of the first project of the I-494 corridor vision implementation plan. The entire project along the corridor is referred to as I-494: Airport to 169. The I-494 vision is a major construction project that must be built is phases due to funding limitations and impacts during construction. The implementation plan identified four separate construction projects to complete the entire I-494 corridor vision. The current focus is on finalizing design and environmental review process. The final Environmental Assessment documents are available for review. The proposed project will increase capacity on the interstate and dramatically improve the reliability of the average rush hour trip. The project will also improve transit and increase safety and access for pedestrians and bicyclists. The 494 Corridor Commission supports additional funding that would allow MnDOT to complete the recommended project in its entirety. With more jobs than downtown Min- neapolis and downtown Saint Paul combined, the I-494 corridor is a critical economic development driver for Minne - sota. Investing in the corridor’s trans- portation infrastructure will keep this engine running, growing and producing dividends for the state. Support Transportation Economic Development Program The Commission strongly encourages in- creased investment in the Transportation Economic Development (TED) program. The TED program was created to support local transportation projects that create jobs and improve economic opportuni- ties while making needed improvements to our roadways and interchanges. It offers innovative financing options and allows private sector partners to partic- ipate, e.g. United Health/Bren Road and I-494/Penn Ave. A large number of excellent examples of TED funding candidates are highlighted on our project priority map. They have local backing and a portion of the funds necessary to proceed. The TED program can provide a funding match. Support Corridors of Commerce The Corridors of Commerce Program funds projects that reduce barriers to commerce by improving the safe and efficient movement of goods and services throughout the state. It aims to increase highway capacity and freight movement on segments where bottlenecks occur. The program uses trunk highway bonding for projects that are not already in the state’s four- year State Transportation Improvement Program (STIP). The Commission deeply appreciates the Corridors of Commerce funding for the I-494 Corridor granted in 2018. The Commission urges the legislature to continue adequately funding this program going forward. Jobs through Transportation and Transit Improvements and Corridors of Commerce When employers provide commuter programs such as a transit benefit, telework, vanpools, preferential carpool parking; one in five employees kick their solo commuting habit. That’s a 20% shift! I-494: Airport to 169 Project I-494 is a heavily used statewide corridor • 23% of trips on I-494 are from greater MN • People from 85 out of 87 Minnesota counties use I-494 between Hwy 169 and the MSP Airport daily Completed Projects • METRO Orange Line BRT • I-494/Hwy. 169 Interchange • METRO D-Line arterial BRT connecting Bloomington, Richfield and downtown Minneapolis In Progress Projects • I-494/I-35W Interchange Phase 1 • Southwest LRT • 77th Street underpass under TH 77 • Hwy. 169 BRT, connecting Dakota and Scott Counties with Eden Prairie, Bloomington, Edina, Minnetonka, Hopkins, St. Louis Park and Downtown Minneapolis • METRO E Line BRT • Riverview/W. 7th Street Corridor; Transit service connecting Bloomington, MSP and downtown Saint Paul Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community I-494 Corridor Commission Priority Projects (numbers below correspond to map above, not in priority ranking) 3 MINNETONKA EDEN PRAIRIE BLOOMINGTON EDINA RICHFIELD 3 2 1 35W 494 494 62 7 77 100 169 394 Nicollet Ave.American Blvd.Chicago Ave.Roadway and Interchange Projects • Improve TH 62 in each direction to reduce traffic congestion from Penn to Hwy. 169 to continue Crosstown Commons improvements • Hwy. 169/Valley View Road interchange reconstruction • Reconstruct the Tracy Ave. & TH 62 interchange and the Gleason Rd. & TH 62 interchange • Flyover Exit Ramp from NB I-494 to WB TH 212/TH 5 in Eden Prairie • Fully fund the 494: Airport to 169 project Transit Projects • American Blvd. Arterial BRT, connecting the Blue, Red, Orange and Green Transitways with the high employment corridor along I-494 • Nicollet Arterial BRT • Johnson/Lyndale/Penn Arterial BRT 2 3 Transit Project Roadway/Interchange Project Blue Line Green Line Orange Line Red Line Other potential high frequency transit routes Transit In Progress Project 1 2 3 1 2 3 2 3 2 3 1 1 1 1 6 4 5 6 4 4 5 4 Completed Project 1 2 3 5 25 3 1 The ultimate Commute Concierge service! Receive free customized commute assistance including: Work from Home: The best commute is no commute. Through our Twin Cities Telework program, get the resources you need to succeed in your telework arrangement. Visit www.tctelework.com to access materials, view webinars, Ask an Expert, and sign up for our telework newsletter. Bicycle Commuting Resources: Receive a wealth of resources to assist you to commute by bike, including trail maps, tips for biking in traffic, route recommendation tools, and how to put your bike on the bus and light rail. Customized Transit Package: Receive detailed information on the best transit route for your commute. Commuter Services will send you a personalized transit recommendation with a printed itinerary, schedules, and two free passes to give it a try. Find a Carpool: Share the ride and save! Carpooling with just one other person can cut your commute costs in half, and carpoolers can use the growing network of E-ZPass lanes to get to work faster. Commuter Services will send you a link to the Twin Cities carpool match system plus tips for setting up your carpool for success. There is no obligation to contact your matches. It’s free to look and free to find. Join or Start a Vanpool: Half of the monthly cost of a Metro Vanpool is paid for by the Metropolitan Council, and riders split the remaining balance, typically around $100. Vanpoolers can quit anytime with a 30-day notice. Riders only need to ride an average of three days per week. Guaranteed Ride Home: Receive up to $100 in taxi ride (or Uber/Lyft, car rental) reimbursements per year when you use an alternative to driving alone. Call: 952-405-9425 Click: www.494corridor.org For Employers • Setting it Up Right: Telework and Hybrid Work • Why Formalize Telework • Telework as a Businses Strategy • Sample Telework Policy • Sample Telework Discussion Application • Sample Telework Agreement • Hybrid Work Policy • Hybrid Employee Agreement • Sample Daily Telework Log • 22 Tips for Manager Success • Ask an Expert • Mental Health for Teleworkers • Home Office Safety and Ergonomic Guidelines • Tips for Telework Success Implementing telework and hybrid programs at your worksite can come with questions and challenges. Twin Cities Telework by Commuter Services offers answers in the form of free resources. Whether you’re a teleworker, manager or employer, TC Telework has the tools to guide you to success in your remote work environment. Visit the Twin Cities Telework website at www.tctelework.com to find free resources, on- demand webinars and information on trending topics in telework. While you’re there, be sure to sign up for the telework newsletter, too. Twin Cities Telework Resources www.tctelework.com (over) For Teleworkers • Tips for Telework Success • Telework Guide for Commuters • Sample Daily Telework Log • Home Office Safety and Ergonomics Guide • Mental Health Recommendations for Teleworkers • Mental Health Quick Tips • How to Overcome FOMO When Working from Home • Ask an Expert • Managing Hybrid Teams • Getting it Right: Best Practices for Teleworkers and Their Managers • Home Office Ergonomics • Hybrid and the Future of Work • Working from Home: Lessons Learned Over the Past Year • Telework and the Current Commute www.tctelework.com For Managers • Sample Telework Agreement • Tips for Telework Success • Sample Telework Discussion Application • Hybrid Employee Agreement • Hybrid Work Policy • 22 Tips for Manager Success • Mental Health Recommendations for Teleworkers • Sample Daily Telework Log • Home Office Safety and Ergonomic Guidelines • Mental Health Quick Tips • How to Overcome FOMO When Working from Home • Ask an Expert Free and on-demand webinars Strategies For Reducing Traffic Congestion and Improving Transportation Options Working Jointly on Transportation Improvements The I-494 Corridor Commission formed in 1986 when the cities of Bloomington, Richfield, Edina, Eden Prairie and Minnetonka formed to jointly work on transportation improvements on I-494 The I-494 Corridor •19%of metro area population lives along corridor •21%of metro area jobs are located on/near corridor •Over 313,696 jobs near the corridor compared with 216,000 jobs in downtown Minneapolis 44,687 jobs in downtown St. Paul Study of Commute Behavior on I-494 •95% drive alone •4% carpool •1% bicycle and take transit •One-third have “seriously considered changing jobs due to commuting hassles” •30%are willing to try transit •30%open to carpooling Commuter Services Staff In 2001 the Commission hired staff to work with employers to reach employees with resources to shift drive alone commuters into a sustainable mode Transportation Management Organizations Light blue indicates Metro Transit Working Through Employers to Reach Commuters Resources for Employers to Help Employees Commute Sustainably •Displays –with transit routes serving that employer, bicycle commuting tips, carpool and Guaranteed Ride Home information •A Free Outdoor Bike Rack –for companies that agree to promote bicycle commuting •Preferential Carpool Parking –management of carpool parking •Commuter Fairs •Lunch & Learns –construction projects, how to bike in traffic, updates on transit projects •Telework/Hybrid resources •Construction Updates Twin Cities Telework Resources Twin Cities Telework assisted 331 employers with telework and hybrid work resources in the past year www.tc telework.com Optum Campus •Offers Metropass to employees who commute by bus or train (subsidizes $25 per employee/month) •Offers preferential parking for carpoolers •Provides an assigned locker to employees who bike or walk to work three or more days each week •Provides covered bike racks and shower facilities •Holds an annual Bike to Work Day celebration with onsite bicycle tune-ups provided Starkey •Subsidizes 25% of the monthly expense for each employee that vanpools to work on a regular basis; employees may use the Transportation Savings Account to cover the additional cost of the vanpool •Provides a $25 monthly incentive for employees who regularly bike to work •Offers covered bike racks and shower facilities •Hosts an annual BBQ for bicycle commuters Emerson •Significant company-wide commitment to sustainability initiatives •Hosts annual Alternative Commuting Seminar •Cycling Club sponsors annual Bike to Work Week; dedicated page on intranet; provides tips and incentives for new bike commuters •Provides bike racks, lockers, and shower facilities Windsor Plaza •Provides preferential carpool parking •Hosts display of commute resources •Promotes sustainable commute programs to tenants •Holds commuter fairs 2X per year Individualized Commute Assistance Commute Concierge •Ridematching –individuals with a similar commute who are interested in sharing the ride for carpooling or vanpooling •Customized Transit information –personalized trip itinerary, schedules for bus or train, 2 free passes to try it •Bike commuting resources –Hennepin County bike trails map, tips on biking in traffic, bike apps and the MN bike laws •Guaranteed Ride Home -$100 free taxi, Uber or Lyft rides per year as a safety net for people who use an alternative to driving alone to work •Telework/Hybrid resources –deep set of resources for teleworkers and hybrid workers, telework trends newsletter, Ask An Expert, webinars Commuter Services Average Annual Results by Mode 1,887 new transit riders 1,635 new carpoolers 1,254 new bicycle commuters 937 new teleworkers 61 new vanpoolers in 5 vanpools 5,774 Drive alone commuters switch to using a sustainable commute mode (three or more days per week) after receiving customized assistance from Commuter Services staff Resulting in an estimated 56 Million vehicle miles avoided annually as a direct result of Commuter Services outreach Annual Report Summary 56 million vehicle miles avoided is 23,234 metric tons of CO2 emissions saved Annual Report Summary It takes 1,161,692 million mature trees to reduce the same amount of CO2 emissions The City of Eden Prairie’s membership in the I-494 Corridor Commission allows every resident, every commuter and every employer free access to our resources and services. We work with 1,200 employers each year Residential Pass Program Residential Pass 22/12 •Sell bulk transit passes to multifamily owners/operators –One pass per unit •Price: $14/pass/month/unlimited rides Commuter Services Informed 568 Multi-Family Properties of Residential Pass People who live in an apartment or condo with at least 10 units can ask their property manager for this $14/month unlimited ride pass Together we achieve meaningful results! www.494corridor.org CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: February 21, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Wall Trends to the Hometown Celebration ITEM NO.: IV.C. Requested Action Move to: Adopt Resolution accepting the donation of $300 from Wall Trends to the Hometown Celebration. Synopsis Donations such as this allow the City to provide free entertainment, activities and fireworks for the July 3rd and 4th Hometown Celebration. Background The Eden Prairie Park and Recreation Department coordinates the annual multi-day Hometown Celebration that includes: July 3rd Sparklefest. A free kid-friendly evening event held at Round Lake Park with inflatables, games, hands-on projects, dance party and a mini-fireworks display. A Military Salute. A free outdoor concert with the Eden Prairie Community Band and Jazz on the Prairie Big Band playing favorite classics as well as patriotic selections. Local veterans and active military are saluted for their service during this musical celebration at Staring Lake Amphitheater. July 4th. The Hometown Celebration culminates in the signature event featuring live music, food trucks, community plaza and the best fireworks display around! Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $300 to be used towards the Hometown Celebration from Wall Trends is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 21st day of February, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 07, 2023 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 Matt 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 Kelsey Engelen Workshop - Heritage Rooms I and II (5:30) I. COMMISSION WORK PLANS A. FLYING CLOUD AIRPORT ADVISORY COMMISSION Scott Gerber, Fire Chief for City of Eden Prairie and Staff Liaison for Flying Cloud Airport Advisory Commission (FCAAC) began by introducing the commission members in attendance; Vice Chair, Andy Kleinfehn; and Dan Dorson, Commission Chair and presenter for the evening. Dorson went through the current FCAAC Commissioners, including five citizen representatives and two business representatives: one from the Metropolitan Airports Commission (MAC) and another from Premier which operates out of Flying Cloud Airport (FCM). Dorson also mentioned the six Student Commissioners who they keep engaged in commission work. A graphic created by MAC for Flying Cloud Airport was displayed which provided various numerical datapoints that would be referenced throughout the presentation. Dorson specifically pointed out the airport’s 131,593 annual flight operations which includes takeoffs and landings. Dorson noted the historical and forecasted operations of FCM, pointing out that while operations are trending gradually upward since 2014, it remains much lower than annual aircraft operations in the early 2000s. Mayor Case inquired what percent of the annual flight operations are completed by various types of aircraft. Not in possession of those statistics at the time, City Manager Getschow City Council Workshop Minutes January 7, 2020 Page 2 said that he would follow up with those numbers after the meeting. Discussion ensued about types and times of operations that frequently prompt complaints from residents. According to recent trends there has been a significant increase in operations in 2021 and 2022. While numbers have not increased to that of the early 2000s, this recent increase in flight operations does validate the perceptions from FCM-neighboring residents who are critical of airport noise. In 2020, FCM noise complaints took a large leap, along with increased flight operations, however the number of complaints has since dropped greatly while operations continue to increase. Dorson showed a map that depicts the location and density of complaints localized to the east and west of the airport, which lines up with the airport runways’ takeoff and landing points. Councilmember Nelson asked about the flight trainings which may drive complaints primarily to the north of the airport. Dorson shared that the commission has talked to Flight Training Operations to discuss not where they would perform their operations, but perhaps moving where the do touch-and-go landings to areas like Glencoe or Buffalo, MN. Narayanan inquired if the amount of carbon emissions is tracked, to which Dorson responded that it is not. Discussion ensued regarding future use of electric planes and possibilities for sustainable energy applications relating to FCM. Dorson discussed the Long-Term Plan (LTP) for Flying Cloud Airport (FCM), which focuses on a 20-year horizon, with intermediate goals at 5- and10-years. One goal of the LTP is to enhance airport safety by adopting current federal and local airport safety regulations. Another LTP objective of FCM is to preserve and improve operational capabilities for the current family of aircraft using the airport by accounting for existing and future based aircraft and operations. Lastly, FTM intends to promote financial sustainability of the MAC Reliever Airport system by exploring revenue opportunities for aeronautical and non-aeronautical development. Dorson moved on to discuss the commission’s continued focus on night flights, being the biggest issue for residents around the airport. In 2022, nighttime flights only accounted for 4% of all flights, and 20% of those were medical or public service. Dorson discussed the volume of night operations by hour, noting the peak times of 10 p.m. and 6 a.m.; and broke down the top five aircraft receiving complaints, noting that each type is a twin-engine turbo- prop, and four out of the top five are medical operators. FCAAC Commissioners toured several airports in 2022 with plans for a 2023 airport tour in the spring. Mayor Case expressed interest in himself and the rest of City Council attending the 2023 airport tour. City Council Workshop Minutes January 7, 2020 Page 3 Dorson outlined FCAAC’s goals for 2023, beginning with their plan to continue engaging with constituent groups, including local pilots, airport businesses, and EP residents. The commission plans to receive noise and environmental briefings from MAC, and receive updates on apparent violations of the Ordinance No. 97 weight limit, and on the MAC efforts to reduce noncompliant operations. Dorson also mentioned their plan to encourage airport appearance improvement efforts, with a plan to continue to bring ideas to both MAC and the City. Additionally, Dorson expressed the commission’s goal to monitor progress of the MAC’s Long-Term Plan which experiences updates every five years, with a new planning cycle underway. Narayanan asked about building with noise-cancelling materials near the airport and the options for noise-cancelling doors and windows for existing buildings in proximity to the airport. Community Development Director Julie Klima explained that the City’s development agreement states that any new development projects requires that appropriate noise mitigation be part of the initial construction. Klima also clarified that there are products on the market, like windows and insulation, that would help with noise mitigation for those existing homes that may not have been part of that development agreement when they were built. Mayor Case concluded by pointing out that, while there is certainly a business perspective that the City would represent, City Council appreciates FCAAC’s emphasis on representing and advocating for the many residents who are impacted by the sound generated by the airport. B. SUSTAINABILITY COMMISSION Public Works Director Robert Ellis introduced Jennifer Fierce, Sustainability Coordinator for the City and Staff Liaison for the Sustainability Commission (SC), and Aaron Poock, the Commission Chair who would be presenting on behalf of the commission. Poock began by going through the eleven commissioners, and specifically calling out the student representatives for their enthusiastic involvement in the commission and their excitement regarding sustainable initiatives. Poock discussed the commission’s accomplishments in 2022 beginning with the highly successful EV Ride and Drive. SC also participated in two drop off and one curbside electronics recycling events to help residents properly recycle hard to recycle items. Hennepin County hosted a Fix It Clinic at the Eden Prairie Community Center where 420 pounds of potential trash was diverted from the waste stream. The SC tabled at the first-ever Eco Expo organized by the Ede Prairie Rotary Club and held at the Eden Prairie Community City Council Workshop Minutes January 7, 2020 Page 4 Center. Poock also pointed to the Sustainable EP Awards for 2022; two energy awards, one landscape and one waste. The SC also initiated a variety of programs and learning opportunities including receiving recognition for Steps 4 and 5 as a GreenStep City in 2022. The commission reviewed the proposed Sustainable Building Standard and recommended adoption to the City Council, and launched the ReACT program to help residents understand the solar potential of their homes and additional sustainability steps they could take. Poock discussed SC’s continued promotion of organics recycling and water conservation through rebate programs, and their promotion of county-wide recycling programs like the zero waste challenge and plastic-fee challenge. A major goal of 2023 is to improve awareness and knowledge around residential building electrification with the Electrify Everything MN Program Launch, in partnership with Edina, St. Louis Park, and Minneapolis. Poock explained that this means helping residents leverage the Inflation Reduction Act (IRA) tax credits and rebates. The program consists of educational workshops at each city; energy advisor service for residents; contractor training and vetting; event tabling, social media, and other communications. Another SC goal of 2023 revolves around Congressionally Directed Spending, for which a joint request for federal earmark funds was made in partnership with Edina and St. Louis Park, resulting in $1 Million being awarded to the cities for the project. The funding supports comprehensive weatherization and electrification retrofits of six to ten existing income- qualified homes across the three cities. Poock discussed the plan to hold specific topic-based learning sessions for residents to share knowledge on area of interest to them around sustainability, like energy efficiency, solar, recycling and organics, and pollinator-friendly plantings. The goals of the sessions are to encourage residents to take steps to reduce emissions, build community connections, and engage and support a diverse resident base. Poock explained while the green power purchase programs are one of the cheapest and easiest ways for households to participate in wind source or renewable contract, only 6% of households participated in 2021. Poock discussed the goal to initiate an awareness campaign to challenge residents to participate, and inform residents of the relatively low cost of participation. Also in 2023, the commission will host their first garden tool swap in combination with the garden compost promotion at Round Lake Park for Arbor Day. City Council Workshop Minutes January 7, 2020 Page 5 Poock wrapped up the SC presentation mentioning the numerous ongoing programs and promotions that will take place again in 2023, including implementation of the Climate Action Plan. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 7, 2023 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, 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. EMPTY BOWLS DAY PROCLAMATION Getschow explained the proclamation will declare February 21, 2023 as Empty Bowls Day. Empty Bowls is annual People Reaching Out to People (PROP) event that has been held to raise funds for PROP since 2010. Case pointed out PROP fills in a lot of gaps in the community. He read the proclamation in full. Jenifer Loon, PROP Executive Director, stated the event will be February 21, 2023. Empty Bowls will be the first event back in-person since COVID-19. She reminded community members that hunger is very real, and PROP’s services are up 25 percent over the past year. She added food donations are crucial to providing services and noted there is an online list of most needed items. B. EDEN PRAIRIE LIQUOR DOLLAR DRIVE FOR PROP Getschow explained throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited CITY COUNCIL MINUTES February 7, 2023 Page 2 customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time they visited. The stores raised a total of $10,016.10 for PROP food shelf. Timin Ayu, Liquor Store Buter and Event Manager, presented a check for $10,016.10 to PROP Executive Director Jenifer Loon. Ms. Loon thanked the Eden Prairie liquor stores for their continued support of PROP over the years. C. ACCEPT DONATION FROM EDEN PRAIRIE LIONS CLUB TO SENIOR CENTER SPECIAL EVENTS (Resolution No. 2023-22) Lotthammer explained this item is to accept a donation for the Veteran’s Breakfast and August Bingo from Eden Prairie Lions Club. Case noted he is a member of the Lions Club and is very proud of them. He added donations such as this allow the Senior Center to offer special events at low or no cost to residents. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023-22 accepting the donation in the amount of $150 from Eden Prairie Lions Club for Senior Center special events. Motion carried 5-0. D. ACCEPT DONATION FROM HEAR TODAY FOR SENIOR CENTER SPECIAL EVENTS (Resolution No. 2023-23) Lotthammer explained this item is to accept a donation for the Veteran’s Breakfast, Summer BBQ, and March Bingo events at the Senior Center. The donation is from Hear Today. MOTION: Narayanan moved, seconded by Toomey, to adopt Resolution No. 2023-23 accepting the donation in the amount of $250 from Hear Today for Senior Center special events. Motion carried 5-0. E. ACCEPT DONATION FROM ST. CROIX HOSPICE FOR SENIOR CENTER SPECIAL EVENTS (Resolution No. 2023-24) Lotthammer explained this item is to accept a donation for the Veteran’s Breakfast and June Bingo from St. Croix Hospice. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2023-24 accepting the donation in the amount of $150 from St. Croix Hospice for Senior Center special events. Motion carried 5-0. CITY COUNCIL MINUTES February 7, 2023 Page 3 F. ACCEPT DONATION FROM THE KEY FOR SENIOR CENTER SPECIAL EVENTS (Resolution No. 2023-25) Lotthammer explained this item is to accept a donation for various events at the Senior Center from The Key. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2023-25 accepting the donation in the amount of $400 from the Key for Senior Center special events. Motion carried 5-0. Narayanan noted the Council’s appreciation of the donations. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case noted Staff have been running a number of activities for the community with a high level of community involvement. MOTION: Nelson moved, seconded by Toomey, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 17, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 17, 2023 Toomey noted on page 4 of the January 17, 2023 City Council meeting minutes, it was not included that she mentioned Eden Prairie is part of a consortium to help purchase fire trucks. Also, Eden Prairie sells their old fire trucks to other cities. MOTION: Freiberg moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, January 17, 2023, and the City Council meeting held Tuesday, January 17, 2023, as amended. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE STANDARD AGREEMENT FOR PROFESSIONAL SERVICES WITH HTPO FOR CONCEPT PLANNING FOR HOMEWARD HILLS PARK C. DECLARE TASER EQUIPMENT SURPLUS PROPERTY CITY COUNCIL MINUTES February 7, 2023 Page 4 D. ADOPT RESOLUTION NO. 2023-26 FOR MOTOR VEHICLE LEASE SALES TAX DISTRIBUTION E. APPROVE AGENCY AGREEMENT FOR FEDERAL PARTICIPATION IN CONSTRUCTION WITH MnDOT (Resolution No. 2023-27) F. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO.13 G. APPROVE CONSTRUCTOIN CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 14 H. AUTHORIZE PURCHASE OF A REPLACEMENT SNOWPLOW FOR PARKS MAINTENANCE I. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH KRUEGER EXCAVATING, INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS J. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH VALLEY RICH COMPANY, INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS MOTION: Toomey moved, seconded by Nelson, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. DAIRY QUEEN BY STEVE GIORGI. RESOLUTION NO. 2023-28 FOR PLANNED UNIT DEVELOPMENT CONCEPT REVIEW ON 0.99 ACRES; FIRST READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 0.99 ACRES Getschow explained the applicant is requesting approval to make some parking lot improvements to redirect drive-thru traffic and reduce traffic congestion for both dine-in and drive-thru customers. The 0.99-acre property is located at 16340 Terry Pine Drive at the southeast corner of the intersection of Eden Prairie Road and Terry Pine Drive. Getschow noted the amendment is minor and did not require Planning Commission approval. There is another reading required for the matter if the item were to move forward. Steve Georgie, representative of the owners for Dairy Queen, stated the drive- thru traffic currently uses the drive aisle on the west side of the building to access the menu board. The pick-up window is on the east side of the building. CITY COUNCIL MINUTES February 7, 2023 Page 5 When drive-thru traffic stacks up in the drive aisle and dine-in customers are parked on the west side of the building, it creates conflicts. With an increase in drive through traffic, the applicant is interested in making changes to the site circulation to eliminate these conflicts. Mr. Georgie pointed out the scope of the work does not include any changes to the building, the landscaping will be maintained, and the number of parking spots will remain the same. The proposed alteration re-routes drive-thru traffic to the west side of the west parking lot allowing dine-in customers to park in new angled parking stalls without needing to wait for drive-thru congestion. All new traffic maneuvering is contained on-site. Directional, Do Not Enter, and Stop signs will be added to control the one-way traffic. Mr. Georgie noted will also be a couple of new curbed and landscaped islands. He showed the partial landscaping plans to show the new planting beds and islands. Case asked if there will be a shutdown of the business for the changes. Mr. Georgie stated the plan would be to close Dairy Queen for 2-3 weeks, hopefully in March. Case asked Staff why the change requires a public hearing. Community Development Director Julie Klima stated the City Code requires a public hearing because there is a proposed change to parking configuration. There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing, and to Adopt Resolution 2023-28 for a PUD Concept Plan on 0.99 acres, approve the 1st reading of an Ordinance for an Amendment of a PUD District with waivers on 0.99 acres, and direct Staff to prepare a Development Agreement incorporating Staff recommendations and Council conditions. Case asked how such a small parcel could have a Planned Unit Development (PUD) on it. Klima stated the PUD was required because of waivers requested during the 2005 discussion. Nelson thanked Mr. Georgie for the updates to the parking lot as it would better serve the communities. The changes meet changing needs while maintaining traditions. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims CITY COUNCIL MINUTES February 7, 2023 Page 6 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 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:28 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 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 Raffle Organization: EPAM Rotary Foundation Place: Eden Prairie Center 8251 Flying Cloud Drive Date: April 22, 2023 New On-Sale Wine with Strong Beer & 3.2 Beer License Licensee name: My Burger Operations, LLC DBA: My Burger 9258 Hennepin Town Road Approval is contingent upon receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement 2023 Renewal Licenses Private Kennel Kathy Meyer 7320 Bagpipe Boulevard CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve Contract for Goods and Services with Audio Logic Systems for Staring Lake Amphitheater Upgrade ITEM NO.: VIII.B. Motion Move to: Accept quote and authorize entering into a Contract for Goods and Services with Audio Logic Systems for the Staring Lake Park Amphitheater Audio Project at an amount not to exceed of $79,860.45. Synopsis Staff has been working to upgrade the audio system at the Staring Lake Park Amphitheater. Four local vendors who specialize in concert and theater audio systems were contacted and sent a Request for Proposal to replace the aging audio system. Of the four vendors that staff communicated with, only Audio Logic Systems submitted a proposal. Background The audio system at Staring Lake Park Amphitheater is the original system and staff has been dealing with issues for the last few years. It was determined that the entire system needed to be upgraded with new equipment and staff was able to demo different brands that could be used. A desired equipment list was created and requests sent out to four local vendors for proposals. The total cost of the project is in line with initial estimates staff received and funding for this project will come from the Capital Improvement Program (Capital Maintenance and Reinvestment Fund). Attachment Contract for Goods and Services Exhibit B – Major Equipment List 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 21st day of February, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Audio Logic Systems, a Minnesota company (hereinafter "Vendor") whose business address is 7512 Washington Ave. South, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the Staring Lake Park Amphitheater Audio Project hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A and B. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 6, 2023. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $79,860.45 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated John Simshauser to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 6 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 6 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 6 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 6 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Purchasing Contract 2017 06 01 Page 6 of 6 Exhibit A Scope of Work A) Furnish all equipment, materials, cable, labor, and engineering services to provide complete and professionally installed system in working order and in accordance with good engineering practice. B) Coordinate with other trades. C) Coordinate with the Electrical Contractor to ensure correct audio raceway routing, audio back box locations, and power circuit locations. D) The Audio Systems Contractor shall coordinate requirements with City representative. E) Coordinate with IT designer and/or the owner’s IT staff or representative to ensure the necessary accommodations are made related to the facility networks and the internet (e.g., VLAN requirements, network topology, security, et al.) AV network implements a firewall/Router unit that will require the following routes from the Owners network: 1) WAPs provided by the owner dedicated to the AV system 2) DMZ zone from owners’ network for internet access F) Coordinate with other trades as required to ensure timely progress and successful integration of the audio systems. G) Current System Demolition 1) Remove all current speakers, audio consoles, installed cable, unusable loose cable, stage pockets, wall pockets and unused AV equipment. 2) Provide hall away service for all removed equipment. H) Install, pull, and terminate all cable. I) Furnish any additional items, not specifically mentioned herein, to meet good engineering practice, without claim for additional payment. Such items may include but are not limited to, hardware, transformers, terminal strips, connectors, resistors, capacitors, blank cover plates, and other audio devices for proper installation, interface, isolation, and/or gain structure. Furnish additional items not specifically mentioned herein as required to provide a fully functioning audio system. J) Furnish shop drawings and receive design team and owner approval prior to procurement, fabrication, and installation. K) Perform initial adjustments, verification tests, and final adjustments. L) Assist the engineer in the Acceptance Testing of the systems. M) Training of Owners Staff on all audio system items. N) Provide system documentation, including copies of all relevant as-built documentation and equipment manuals. O) Provide maintenance and warranty services for the specified period from the date of acceptance. P) Furnish all materials or installation for the audio system wall pockets. This includes, pull boxes, pull box lids, pull string, back boxes, and lids/covers/blank plates for all AV boxes. Exhibit B - Major Equipment List 11/15/2022 Modified: 22-06_Staring Lake Amphitheater Audio Upgrade Revision: 5 Staring Lake Park 14800 Pioneer Trail Eden Prairie, MN 55347 QTY Description Part Number Model Loudspeaker System Konig Meyer 21302.009.55 Speaker Stand 21302 2 21339 21339.000.55 Distance Rod w/Hand Crank 2 Lex Products 4123J-515 Three-Fer 12/3 SJT 36" Edisons 2 50’ PE700J-50-515 2 PE700J-50-515 Martin Audio CDD-LIVE12B A self-powered, 2-way system with a 12” LF/1” exit HF CDD driver 4 Compact, high-performance 1x 18" powered subwoofer 2 SXP118B Transit Cover for SXP118 2 SXTC118 2 WHEELKIT Kit of 4 Tour Grade Casters for SX Series Subwoofers UnderCover Misc 2 4 Under Cover F2 weather resistant speaker covers for system CDD12 Live 2 Misc 3 Under Cover F2 weather resistant speaker covers for system SXP118B West Penn Wire-cdt 1P 22G STRD SHLD W-BLOCK AQC291GY1000 WA-AQC291- 1000GY Whirlwind 6 MK430NP Cable - Microphone, MK4, XLRF to XLRM, 30', Accusonic+2, no packaging MK430NP Road Cases CDD-Live 12 Gator Cases 2 Gator Cases Stage Monitors Crown CDi4x1200 4x1200 Power Amplifier CRN- CDI4X12VMUS 1 JBL Pro JBL Deluxe padded cover for SRX812P 6 SRX812 SRX812 is a two-way full range speaker with a 12” woofer 6 SRX812 West Penn Wire-cdt 1P 12G STRD UNSHLD WBLOCK AQ227 AQ227BK1000 AQC291GY1000 WA-AQC291- 1000GY 1P 22G STRD SHLD W-BLOCK Whirlwind 4 NL4-030 NL4-030 Cable - Speaker, NL4 Speakon to NL4 Speakon, 30', 12 AWG, 4 conductor NL4-050 NL4-050 4 Cable - Speaker, NL4 Speakon to NL4 Speakon, 50', 12 AWG, 4 conductor Allen & Heath Audio Matrix Processors Page 1 of 4 Pick List Allen-Heath AH-AHM-32 32x32 Audio Matrix Processor. 12x12 local analog I/O, up to 128x128 audio networking, 96kHz FPGA core with ultra-low latency, compatible with IP1, IP6, IP8 remote controllers, 1U 1 AH-IP-6 1 6 rotary controller OLED, PoE powered, includes PSU IP6/12X AH-IP6-ME-MOUNT IP6-ME-MOUNT 1 Mounting bracket for the IP6 remote controller or ME Personal Monitor. Allows the IP6, ME-1 or ME-500 to be mounted into vertical or horizontal surface West Penn Wire-cdt 4246EZBK1000 4246 4P 23G SLD CAT 6 PVC 454BK1000 10454 1P 22G STR B/SHLD PVC-BLK A&H digital mixing console Allen-Heath optional rack mount kit for AB168, DX168, DT168 AH-AB-168-RK19 AB1608-RK19 3 AH-AP11333 Dust cover for SQ-6 1 AH-AP11333 AH-DX168 3 DX168/12X 16in x 8out Stage Box with dLive 96kHz mic preamps, 96kHz AH-DX-HUB DX-HUB/12X 1 4 DX Link port hub, each carrying 32×32 channels of 96kHz audio, can be used to connect to DX expander units. 1/2 Rack, optional rackmount kit AH-FULLU-RK19 Rackmount kit for up to 2 GPIO / DX-Hub, half-U or 1U 1 FULLU-RK19X 96kHz XCVI FPGA processing, 48 Input Channels, DEEP Processing, 25 Faders / 6 Layers, 24 onboard preamp, 12 Stereo mixes+LR, 3 Stereo Matrix, 7†capacitive touchscreen AH-SQ-6 1 SQ-6/12X Custom Custom sun shield for console screen Misc 1 1 Elite Core 2 SUPERCAT5E-S-EE-10 SUPERCAT5E-S- EE-10 ULTRA-DURABLE CAT5E CABLE SUPERCAT5E-S- EE-50 1 SUPERCAT5E-S-EE-50 ULTRA-DURABLE CAT5E CABLE SUPERCAT5E-S-RR-50 ULTRA-DURABLE CAT5E CABLE SUPERCAT5E-S- RR-50 1 Gator Cases GTOURAHSQ6N DH 1 G-Tour Custom Flight Case Designed to Fit the Allen & Heath SQ-6 Mixer GTOURAHSQ6NDH SKB 1SKB-R4U 4U Space Roto Molded Rack 789270995291 2 West Penn Wire-cdt 4246OSPBK1000 4P 23G SLD CAT 6 PVC 4246OSP 10454 1P 22G STR B/SHLD PVC-BLK 454BK1000 iPad allowance Apple 1 iPad, 10.2" WIFI, 64GB with UAG Metropolis case with hand strap IPad Audio Visual Networking Netgear 1 NGR- GSM4212P100N AS NETGEAR AV Line M4250-10G2F GSM4212P-100NAS Ruckus Networks 1 6071789 Ruckus T350d US40 Outdoor 11AX AP 2X2:2 901-T350-US40 Page 2 of 4 Pick List West Penn Wire-cdt 4246OSP 4P 23G SLD CAT 6 PVC 4246OSPBK1000 System Wiring and Panels ALS Misc 1 Steel Electrical Box 10 in. x 8 in. x 6 in. Electrical Enclosure Box Weatherproof Carbon Steel Hinged Junction Box, Gray 4 Enclosure: Screws, 4 in Nominal Enclosure Ht, 4 in Nominal Enclosure Wd, 1, Carbon Steel Misc 3 2 2 Enclosure: Screws, 6 in Nominal Enclosure Ht, 4 in Nominal Enclosure Wd, 1, Carbon Steel Misc 4 Customer cover plate for DSC junction box Misc 5 1 Entertainment Metals Custom audio I/O panel based on final system design Custom Panel Quote 7 Middle Atlantic 1SP PANEL W/BRUSH GROMMET RK-BR1 BR1 2 HBL1 3 RK-HBL1 1SP FLAT ANOD.ALUM.BLANK 1 656747195440 9 OUTS15A SERIES SURGE PD-915R-SP Radial Engineering Line level isolator, passive 2 channel balanced with Jensen transformers Twin ISO 1 R800 1024 West Penn Wire-cdt 6350BK1000 6350 RG/6 18G BC DIGITAL VIDEO AQ227BK1000 AQ227 1P 12G STRD UNSHLD WBLOCK Hearing Assist Williams Sound 1 FM Plus Large-area Dual FM and Wi-Fi assistive listening system with 4 FM R38 receivers. Features coaxial cable and rack panel kit for professional installation. System includes: (1) FM T55 transmitter, (4) PPA R38N receivers, (4) EAR 022 surround earphones, (2) NKL 001 neckloops, (2) BAT KT6 two FM 558 PRO Rack panel kit. For one FM T55 / FM T55 D / WF T5 / WF T5 D transmitter in one IEC rack space. RPK 005 1 RPK 005 Wireless Mics RF Venue 1 459225903830 DFINBDISTRO4 RF Venue 4 Channel Wireless Microphone Upgrade Pack - Wallmount Black Shure SLXD14D-G58 Dual Combo System with (2) SLXD1 Bodypacks and SLXD4D Receiver SLXD14D-G58 2 1 Wireless Vocal System with BETA 58 SLXD24/B58-G58 SLXD24/B58- Mics and stands Konig Meyer 14 21075.500.55 21075 Microphone Stand w/ telescopic boom arm Lewitt AMS-LCT-140- AIR-MP LCT-140-AIR-MP 3 Matched Pair, SDC Microphone Shure SM58-LC 8 SM58-LC Cardioid Dynamic Whirlwind Page 3 of 4 Pick List MK420NP MK420NP Cable - Microphone, MK4, XLRF to XLRM, 20', Accusonic+2, no packaging 7 MK430NP 7 MK430NP Cable - Microphone, MK4, XLRF to XLRM, 30', Accusonic+2, no packaging Audio for Video Radial Engineering Passive DI for AV, 2-channels with RCA, 3.5mm and XLR inputs ProAV2 1 R800 1115 1 USB-Pro R800 1050 Digital USB DI for laptops, 24/96 with heapdhone amp & isolated outs Alternate #1 Soft Cases CDD Live 12 Martin Audio 4 CDD-LIVE 12 Transit Cover CDDLTC12 Page 4 of 4 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT/DIVISION: Lori Haak Public Works / Engineering ITEM DESCRIPTION: I.C. 22823 Award the Contract for the Smith Coffee Rain Garden Project to Minnesota Native Landscapes Inc. ITEM NO.: VIII.C. Requested Action Move to: Award the Contract for the Smith Coffee Rain Garden Project to Minnesota Native Landscapes Inc. in the amount of $51,610 Synopsis Three quotes were received by the original January 20, 2023 deadline. Due to ambiguity regarding access to water, the project was requoted with quotes due February 13. The three final quotes received are summarized below. The engineer’s estimate for the work was $59,700. This project will be financed through the Stormwater Fund. Minnesota Native Landscapes Inc. $51,610.00 Metro Blooms Design + Build $91,485.00 NRP, LLC $132,491.20 Background Information The historic Smith-Douglas-More house and property are owned by the City of Eden Prairie. The house is leased for operation as a coffee shop. The property contains 2 raingardens, constructed in 2002 and 2011. Both rain gardens are highly visible and presented maintenance and aesthetic challenges. City Water Resources staff coordinated with the operators and within the City (Facilities, Economic Development, Forestry and Natural Resources) to develop planting and maintenance plans that better meet the expectations for the site and maintenance capabilities. The project replants the rain gardens with mature native vegetation to improve maintenance and better fit the aesthetics of the property. The project will also improve pretreatment to the northerly basin and fix erosion in the southerly rain garden. Finally, the work includes two years of maintenance by the contractor. An interpretive sign will be installed near the south basin with a QR code linking to part of the City's website that contains information about the species planted, maintenance and photos of before/during/after the plantings. This will also be a stop on “clean water” tours for organizations like the Sustainability Commission and watershed district board and CAC. The City applied for a Watershed Stewardship Grant from the Riley-Purgatory-Bluff Creek Watershed District in December 2022 for 50% of the project cost, not to exceed $35,000. Attachments • Contract FC-1 FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 20 , by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minnesota Native Landscapes Inc. hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. # 22823 SMITH COFFEE RAINGARDENS CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $51,610.00 . III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Proposal Form b. Form of Contract c. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements FC-2 The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: Minnesota Native Landscapes Inc. By Title And Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE February 21, 2023 DEPARTMENT / DIVISION Scott Riley Public Works – Streets Division ITEM DESCRIPTION Approve Contract for Purchase of Crack Sealant Material from Midstates Equipment and Supply for a cost not to exceed $50,000. ITEM NO. VIII.D. Requested Action Move to: Purchase approximately 46,500 lbs of Crack Sealant Material from Midstates Equipment and Supply, using MnDot’s State Contract #211529 B-357(5), for a cost not to exceed $50,000. Synopsis The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to purchase materials under the terms of contracts already negotiated by the State of Minnesota. The cost to purchase Maxwell Elastoflex 63 per the State Contract is $0.685/lb. with costs not to exceed $50,000.00. Funding for this purchase is included in the 2023 Streets Crack Filling budget. Background Natural ground movement and thermal expansion/contraction can cause various forms of pavement cracking. If left untreated, pavement cracks will widen, allowing water to channel and damage the pavement base. A compromised base will quickly lead to pavement deterioration, such as voids, potholes, and raveling. Sealing cracks as part of regular maintenance can drastically slow pavement deterioration and extend service life of pavement. Attachments Midstates Quote CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: Purchase New Plow Truck ITEM NO.: VIII.E. Requested Action Move to: Authorize purchase of a new 2023 Freightliner SD108 cab & chassis with Towmaster dump body and Falls plow equipment for a total cost of $265,573.53 Synopsis Fleet Services is requesting authorization to purchase a new plow truck which was planned in the approved 2021 CIP for a budgeted cost of $232,000. This is a new addition to the City’s fleet and not a replacement vehicle, hence the reason CIP funding is being used for its initial purchase. The future replacement of this vehicle will be paid for by the Fleet Services internal services fund. Because the vehicle is more than the $232,000 CIP budget, the Fleet Service fund will cover the additional $33,573.53. With this approval the vehicle will be delivered later this winter and be ready for the 2023-2024 snow season. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new plow truck will be purchased using State of Minnesota CPV programs. Attachments • CPV Pricing for Plow Truck • Quote for Plow Truck Outfitting STATE OF MINNESOTA Page 1 Print Date & Time 2/9/2023 9:14 VENDOR NAME MAKE AND MODEL This section for use when ordering WB 161" CA 96"Grand Total 84,402.53$ AF 75"Surcharge Rear Ratio 4.89 Off Contract $2,900 Cab Color White Off Contract $3,800 Wheel Color White TOTAL $90,749.53 Notes Code Spec #Description Qty 2022 Price Subtotal 1.0 Price for base unit:1 61,674.00$ 61,674.00$ 2.0 FRAME OPTIONS 556-1E8 2.3 Deduct for no front bumper 1 (240.00)$ (240.00)$ MC 2.23 2,592,000 / 21.6 / 120,000 / 84" to 111"1 384.00$ 384.00$ 549-002 2.43 24 INCH INTEGRAL FRONT FRAME EXTENSION 1 2.00$ 2.00$ 559-003 2.51 LIGHTWEIGHT HEAVY DUTY ALUMINUM ENGINE CROSSMEMBER 1 39.00$ 39.00$ 410-001 3.8 Heavy duty front axle shocks 1 68.00$ 68.00$ 427-001 3.13 Front brake dust shields 1 26.00$ 26.00$ 536-055 3.14 Dual front auxiliary steering gear 1 608.00$ 608.00$ 534-003 3.16 4 QUART POWER STEERING RESERVOIR 1 26.00$ 26.00$ 533-001 3.17 OIL/AIR POWER STEERING COOLER 1 137.00$ 137.00$ 400-1BA 3.42 DETROIT DA-F-18.0-5 18,000# FL1 71.0 KPI/3.74 DROP SINGLE FRONT AXLE 1 1,199.00$ 1,199.00$ 620-013 3.54 18,000# TAPERLEAF FRONT SUSPENSION 1 760.00$ 760.00$ MC 4.12 Meritor RS23160 rear axle and 26,000-31,000# rear suspension, driver diff. lock.1 1,207.00$ 1,207.00$ 388-012 4.60 SPL170 XL DANA SPICER INTERAXLE DRIVELINE WITH HALF ROUND YOKES 1 128.00$ 128.00$ 093-1RJ 6.74 MICHELIN X WORKS Z 315/80R22.5 20 PLY RADIAL FRONT TIRES 18,180 1 625.00$ 625.00$ 094-0GK 6.109 MICHELIN XDN2 11R22.5 14 PLY RADIAL REAR TIRES 1 398.00$ 398.00$ 502-356 6.173 ALCOA ULTRA ONE 89U64X 22.5X9.00 10-HUB PILOT 5.99 INSET ALUMINUM FRONT WHEELS 1 257.00$ 257.00$ 505-693 6.208 ALCOA LVL ONE 88267X 22.5X8.25 10-HUB PILOT ALUMINUM DISC REAR WHEELS 1 345.00$ 345.00$ 498-011 6.266 NYLON WHEEL GUARDS FRONT AND REAR ALL INTERFACES 1 15.00$ 15.00$ 419-023 7.27 CONMET CAST IRON FRONT BRAKE DRUMS 1 11.00$ 11.00$ 427-001 7.30 FRONT BRAKE DUST SHIELDS 1 54.00$ 54.00$ 405-031 7.37 HALDEX AUTOMATIC FRONT SLACK ADJUSTERS WITH STAINLESS STEEL CLEVIS PINS 1 32.00$ 32.00$ 451-023 7.56 CONMET CAST IRON REAR BRAKE DRUMS 1 23.00$ 23.00$ 425-002 7.62 REAR BRAKE DUST SHIELDS 1 35.00$ 35.00$ Single Axle Cab & Chassis Boyer Trucks Freightliner 108 SD DD8-L9 City of Eden Prairie 4x2 Exhibit D: Price Schedule STATE OF MINNESOTA Page 2 Code Spec #Description Qty 2022 Price Subtotal 426-1B2 7.64 BENDIX EVERSURE LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 1 13.00$ 13.00$ 428-031 7.71 HALDEX AUTOMATIC REAR SLACK ADJUSTERS WITH STAINLESS STEEL CLEVIS PINS 1 28.00$ 28.00$ 621-004 7.72 SPRING SUSPENSION - 1.50" AXLE SPACER 1 39.00$ 39.00$ 460-007 7.86 ALUMINUM AIR BRAKE RESERVOIRS 1 139.00$ 139.00$ 477-024 7.103 BW DV-2 AUTO DRAIN VALVE WITH HEATER ON ALL TANK(S) 1 119.00$ 119.00$ 485-002 7.110 EXTERNAL CHARGING SCHRADER VALVE 1 14.00$ 14.00$ 914-025 7.114 AIR CONNECTIONS TO END OF FRAME WITH GLAD HANDS FOR TRUCK AND DUST COVERS W/TP 1 10.00$ 10.00$ 297-001 7.122 SAE J560 7-WAY PRIMARY TRAILER CABLE RECEPTACLE MOUNTED END OF FRAME W/O TP - W/TP N/C 1 257.00$ 257.00$ 101-3BP 8.14 CUM L9 330 HP @ 2200 RPM; 2200 GOV RPM, 1000 LB-FT @ 1200 RPM 1 3,057.00$ 3,057.00$ 016-1C2 8.29 RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 1 434.00$ 434.00$ 23U-002 8.45 13 GALLON DIESEL EXHAUST FLUID TANK 1 9.00$ 9.00$ 23Z-001 8.51 POLISHED ALUMINUM DIAMOND PLATE DIESEL EXHAUST FLUID TANK COVER 1 106.00$ 106.00$ 242-001 8.57 STAINLESS STEEL AFTERTREATMENT DEVICE/MUFFLER/TAILPIPE SHIELD 1 26.00$ 26.00$ 204-152 8.61 70 GALLON/264 LITER ALUMINUM FUEL TANK - LH 1 92.00$ 92.00$ 215-007 8.104 PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH POLISHED STAINLESS STEEL BANDS 1 355.00$ 355.00$ 105-001 9.1 Oil fill and dipstick EZ access 1 44.00$ 44.00$ 014-1C6 9.47 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER, PASSIVE PRECLEANER AND INSIDE/OUTSIDE AIR WITH SNOW DOOR 1 558.00$ 558.00$ 122-1J1 9.53 DETROIT FUEL/WATER SEPARATOR WITH WATER IN FUEL SENSOR, HAND PRIMER AND 12 VOLT PREHEATER"1 27.00$ 27.00$ 122-119 9.60 DAVCO 245 FUEL/WATER SEPARATOR WITH 12 VOLT HEAT 1 165.00$ 165.00$ 138-011 9.63 PHILLIPS-TEMRO 1000 WATT/115 VOLT BLOCK HEATER 1 49.00$ 49.00$ 128-076 9.72 CUMMINS ENGINE INTEGRAL BRAKE WITH VARIABLE GEOMETRY TURBO ON/OFF 1 7.00$ 7.00$ 342-584 10.22 ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION 1 3,338.00$ 3,338.00$ 353-022 10.23 VEHICLE INTERFACE WIRING CONNECTOR WITHOUT BLUNT CUTS, AT BACK OF CAB 1 26.00$ 26.00$ 34C-002 10.33 ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR MOUNTED BACK OF CAB 1 40.00$ 40.00$ 293-058 11.5 Battery disconnect off negative side in cab control 1 110.00$ 110.00$ 295-029 11.6 Remote jump start terminals 1 47.00$ 47.00$ 311-012 11.8 OEM daytime running lights 1 11.00$ 11.00$ 721-006 11.25 PRECO/ECCO MODEL 360, CONSTANT 107 DECIBELS BACKUP ALARM 1 48.00$ 48.00$ 292-222 11.34 (3) DTNA GENUINE, HIGH TEMP AGM STARTING AND CYCLING, MIN 2775CCA, 570RC, THREADED STUD BATTERIES 1 410.00$ 410.00$ 290-1CD 11.43 BATTERY BOX WITH ALUMINUM COVER MOUNTED SHORT SIDE TO RAIL 1 132.00$ 132.00$ 281-004 11.46 BATTERY JUMPERS WITH MEGA FUSE JUNCTION BLOCK (MFJB)1 37.00$ 37.00$ 282-042 11.50 LH BATTERY BOX MOUNTED AS FAR AFT AS POSSIBLE, NO GREATER THAN 60 INCHES BACK OF CAB 1 137.00$ 137.00$ STATE OF MINNESOTA Page 3 Code Spec #Description Qty 2022 Price Subtotal 304-039 11.59 MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH AND DUAL CONNECTORS AND SWITCH FOR CUSTOMER FURNISHED SNOW PLOW LIGHTS, LOW BEAMS OFF WITH HIGH BEAMS 1 114.00$ 114.00$ 160-039 11.64 (1) HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH AND (1) SAE J1939 DIAGNOSTIC INTERFACE CONNECTOR LOCATED CENTER OF DASH 1 5.00$ 5.00$ 329-012 11.115 FOUR ON/OFF ROCKER SWITCHES IN THE DASH WITH INDICATOR LIGHTS AND WIRE ROUTED TO CHASSIS AT BACK OF CAB, LABEL OPT 1 60.00$ 60.00$ 81Y-001 11.125 PRE-TRIP LAMP INSPECTION, ALL OUTPUTS FLASH, WITH SMART SWITCH 1 6.00$ 6.00$ 882-021 11.169 TWO VALVE PARKING BRAKE SYSTEM WITH DASH VALVE CONTROL AUTONEUTRAL AND WARNING INDICATOR 1 7.00$ 7.00$ 726-002 12.1 Dual electric horns 1 7.00$ 7.00$ 727-066 12.3 Dual rectangular air horns 1 92.00$ 92.00$ 12.14 Top of hood painted flat black 1 759.00$ 759.00$ 644-006 12.17 Butterfly option on hood 1 363.00$ 363.00$ 754-017 12.21 Front fender extensions 1 61.00$ 61.00$ 667-037 12.22 Front fender mud flaps 1 75.00$ 75.00$ 660-001 12.23 Arctic winter wiper blades 1 9.00$ 9.00$ 318-002 12.27 Spotlight LH, RH, or roof mounted each 1 69.00$ 69.00$ 587-003 12.29 Rear tow hooks 1 29.00$ 29.00$ 74B-1B4 12.46 RH AND LH 8 INCH HEATED STAINLESS STEEL FENDER MOUNTED CONVEX MIRRORS WITH TRIPOD BRACKETS 1 149.00$ 149.00$ 744-1BC 12.50 DUAL WEST COAST BRIGHT FINISH HEATED MIRRORS WITH LH AND RH REMOTE 1 152.00$ 152.00$ 74A-001 12.56 RH DOWN VIEW MIRROR 1 11.00$ 11.00$ 661-004 12.66 TINTED DOOR GLASS LH AND RH WITH TINTED OPERATING WING WINDOWS 1 62.00$ 62.00$ 677-055 12.72 RH AFTERTREATMENT SYSTEM CAB ACCESS WITH POLISHED DIAMOND PLATE COVER 1 75.00$ 75.00$ 678-018 12.76 LH AND RH EXTERIOR GRAB HANDLES WITH SINGLE RUBBER INSERT 1 29.00$ 29.00$ 646-042 12.80 STATIONARY BLACK GRILLE WITH BRIGHT ACCENTS 1 47.00$ 47.00$ 65X-003 12.82 CHROME HOOD MOUNTED AIR INTAKE GRILLE 1 8.00$ 8.00$ 645-002 12.84 BRIGHT FINISH RADIATOR SHELL/HOOD BEZEL 1 135.00$ 135.00$ 690-016 12.87 CAB FLOOR, TOE BOARD AND FIREWALL HEAT SHIELD 1 63.00$ 63.00$ 302-047 12.96 LED AERODYNAMIC MARKER LIGHTS 1 18.00$ 18.00$ 294-1AY 12.106 INTEGRAL LED STOP/TAIL/BACKUP LIGHTS 1 81.00$ 81.00$ 663-029 12.116 1-PIECE BONDED HEATED WIPER PARK SOLAR GREEN GLASS WINDSHIELD 1 225.00$ 225.00$ 707-1AK 13.2 Premium grade interior trim package 1 148.00$ 148.00$ 654-027 13.5 Power window/both passenger and driver window 1 116.00$ 116.00$ 198-003 13.9 Dash mounted air cleaner air restriction gauge 1 13.00$ 13.00$ 864-001 13.11 Transmission temp gauges 1 21.00$ 21.00$ 532-002 13.16 Tilt & telescope steering wheel 1 254.00$ 254.00$ 746-137 13.20 AM/FM/WB WORLD TUNER RADIO WITH BLUETOOTH AND USB AND AUXILIARY INPUTS, J1939 1 261.00$ 261.00$ 753-001 13.23 AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF 1 12.00$ 12.00$ 055-002 13.26 INTERIOR CONVENIENCE PACKAGE 1 148.00$ 148.00$ 748-001 13.27 POWER AND GROUND STUDS IN/UNDER DASH 1 6.00$ 6.00$ 838-001 13.47 (1) SINGLE BRAKE APPLICATION AIR GAUGE 1 36.00$ 36.00$ STATE OF MINNESOTA Page 4 Code Spec #Description Qty 2022 Price Subtotal 756-1D9 13.58 PREMIUM HIGH BACK AIR SUSPENSION DRIVER SEAT WITH 3 CHAMBER AIR LUMBAR, INTEGRATED CUSHION EXTENSION, FORWARD AND REAR CUSHION TILT, ADJUSTABLE SHOCK ABSORBER 1 142.00$ 142.00$ 760-1DC 13.63 BASIC HIGH BACK NON SUSPENSION PASSENGER SEAT 1 38.00$ 38.00$ 759-006 13.80 DUAL DRIVER SEAT ARMRESTS AND INBOARD PASSENGER SEAT ARMREST 1 55.00$ 55.00$ 758-022 13.85 BLACK MORDURA CLOTH DRIVER SEAT COVER 1 13.00$ 13.00$ 761-023 13.97 BLACK MORDURA CLOTH PASSENGER SEAT COVER 1 12.00$ 12.00$ 763-102 13.106 HIGH VISIBILITY ORANGE SEAT BELTS 1 41.00$ 41.00$ 706-026 13.123 MOLDED PLASTIC DOOR PANEL WITHOUT VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 1 27.00$ 27.00$ 708-026 13.125 MOLDED PLASTIC DOOR PANEL WITHOUT VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 1 27.00$ 27.00$ 785-001 13.127 DASH MOUNTED ASH TRAYS AND LIGHTER 1 3.00$ 3.00$ 691-014 13.131 FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS AND ADDITIONAL CENTER COMPARTMENT WITHOUT NETTING 1 5.00$ 5.00$ 680-007 13.139 GRAY/CHARCOAL WING DASH 1 206.00$ 206.00$ 860-004 13.140 SMART SWITCH EXPANSION MODULE 1 104.00$ 104.00$ 720-003 13.142 5 LB. FIRE EXTINGUISHER 1 32.00$ 32.00$ 739-034 13.150 PREMIUM INSULATION 1 163.00$ 163.00$ 324-011 13.151 DOME DOOR ACTIVATED LH AND RH, DUAL READING LIGHTS, FORWARD CAB ROOF 1 34.00$ 34.00$ 655-005 13.156 LH AND RH ELECTRIC DOOR LOCKS 1 19.00$ 19.00$ 722-002 13.165 TRIANGULAR REFLECTORS WITHOUT FLARES 1 13.00$ 13.00$ 019-001 15.1 Trailer tow package extended to rear of frame 1 545.00$ 545.00$ Enter the following Production Model Year here >>>>>>>>>2024 20.1 Percentage Upcharge for the following Model Year Base Unit 1 2.43%1,500.53$ Total Cost:84,402.53$ TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 Order Comments: **STATE OF MN CONTRACT #212541** Build Instructions F.O.B. LITCHFIELD, MN -OR- CUSTOMER LOCATION W/FUEL CHARGES ADDED. Other Instructions REF: VIN UR5950 Qty Part No.Description Price Ea. Net Amt. 1 9900082 - Body 10'6" EDGE-SS/SCIS-46-36-36 - - 46" 7 ga Stainless $21,398.00 $21,398.00 Front, 36" 7 ga Stainless sides (no pockets), 36" 7ga Stainless Tailgate w/Hardox-450 face, 1/4" Hardox-450 Floor, 8" I-Beam Longsills, Air-trip ready linkage, Underside painted gloss black. NOTE: CORNER CLEANOUTS TO BESQUARE AT END OF BODY, IN LIEU OF STD TAPERED. 1 9901701 - Installation of Dump Body to hoist $2,036.00 $2,036.00 1 9900145 - Body acc'y TMTE Air trip kit, w/solenoid valve,$456.00 $456.00 1 9901702 - Installation of air operated tailgate latch kit, with $395.00 $395.00 solenoid valve in hydraulic valve enclosure. 1 9900147 - Body acc Box Vibrator - Cougar model DC3200 $784.00 $784.00 1 9901703 - Installation of Box Vibrator, with solenoid located in $461.00 $461.00 hydraulic valve enclosure. 1 9900156 - Cabshield, 1/2 type Stationary Free-Standing style,w/plain $4,579.00 $4,579.00 STAINLESS STEEL canopy, Hot-Dipped Galvanized tubing construction support stand, Slotted Center Viewing Window, (2) shovel holders, & reservior mounts, Installed. **NOTE: MOUNT LICENSE PLATE MTG & LIGHT ON BACK SIDE OF CABSHIELD AS PER PREVIOUS 2021 EXAMPLE 1 9901222 - Walkrail (1-5/8" SS Perf) dual, Weld-on 11' RS body, $1,773.00 $1,773.00 Attached *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 1 9905509 - Ladder (SS) Tuck-A-Way Access ladder Pkg, Including Steps & $612.00 $612.00 Grab Handle Above, Installed **NOTE: LOCATED AT LH FRONT UNDERSIDE OF BODY 1 9900211 - Body acc'y Dual "split" sander manifolds in rear corner $485.00 $485.00 posts 1 9904963 - Light Warning TMTE1SSM-3 PKG: 1/2 A 1/2 B, (2) SS 23H $4,820.00 $4,820.00 3-light LED Micro-Edge, 2) 5M-400 Super-LED, (2) Side TIR3 LED, (2 ) 400 Max B-T-T LED, & (2) 400 LED BU Lights, in Stainless M Housings, (1) TIR3 LED Wing light, and (2) 4" LED work lights Installed. **NOTE: 1. BLUE LIGHT HEADS ON RH FRONT MICRO EDGE AND LH REAR. 2. FLASH PATTERN TO BE SET TO WIG-WAG 3. MOUNT MICRO EDGE HEADS ON UNDERSIDE OF TUBES FOR HEIGHT ISSUES. 1 9905778 - Light, Mirror Mounted ABL 3800 LED HEAD LAMP PLOW LIGHTS $1,325.00 $1,325.00 W/ICE MELTING TECHNOLOGY Installed 1 9900266 - Fender set Minimizer MIN2260, for Single Axle, black Poly, $1,116.00 $1,116.00 Installed 1 1991014 - Minimizer FKFRTL2B Floor Mat Set for Freightliner $231.00 $231.00 1 9900970 - Tire Chains ON-SPOT for 1 Axle Installed $3,748.00 $3,748.00 1 9900950 - Hamsar dual wiper system shaker kit installed $405.00 $405.00 1 9904691 - INSTALLATION of (Initial) Single camera system $396.00 $396.00 **NOTE: MOUNTED ON RH STROBE TUBE FOR WING VIEWING. WIRED AS DEFAULT CAMERA 2 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $182.00 $364.00 vision CCD weather-proof HEATED camera, only GEN 5 6100 *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 2 9904693 - Camera System option, NORTECH 9100-4 Harness, 65'$118.00 $236.00 Waterproof GEN 5 6100 1 9904694 - INSTALLATION of Camera, & Harness GEN 5 6100 $197.00 $197.00 MOUNTED ON LH REAR CORNERPOST IN PROCTECTIVE SHIELD, WIRED TO REVERSE CIRCUIT TOQUE UP DURING REVERSE ACTIVITIES 1 1941405 - Camera Guard, SS, Bolt-On $42.00 $42.00 1 9905502 - PreCise ARC Sensor Mount #1126929, only GEN 5 6100 $50.00 $50.00 1 9905835 - PreCise ARC Sensor #1117640, only, for Wireless GEN 5 $680.00 $680.00 CONTROLLER Applications (LESS MTG BRKT), installed INSTALLED 1 9905768 - Pre-Wet Towmaster/Varietch LDS-TG100-EGF Tailgate mt .100 $8,338.00 $8,338.00 gallon tank, SS mtg hardware, plumbing, & Electric Gravity 1 600142ship - Pre-Wet Quick Fill Kit : MUST BE 2" MALE Input with Cap $150.00 $150.00 **SEE INSTALLATION LINE ITEM FOR LOCATION 1 9902487 - Installation of TAILGATE pre-wet system (New Towmaster)$922.00 $922.00 **NOTE: 1. DISCHARGE TO BE MOUNTED IN CENTER REAR FACE OF THE SANDER HOPPER, WITH (2) NOZZLES. 2. QUICK FILL MUST BE LOCATED AT LOWER RH AREA OF TANK, ON END WALL. 3.DELETE LOW LEVEL SENSOR & WIRING PER CUSTOMER REQUEST. 1 9901834 - Hoist OSP/Towmaster 720DH, Double Acting, W/Solid block $4,428.00 $4,428.00 rear hinge point, & OSHA approved saftey props 1 9901712 - Installation of SCISSORS TYPE double acting hoist $2,153.00 $2,153.00 *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 1 9902924 - Scraper FALLS IB-10A 1" MB, w/single lift cylinder W/12" $8,728.00 $8,728.00 bolt-on extension (11' total), LESS CUTTING EDGES 1 9901705 - Installation of underbody fixed angle scraper w/single lift $3,283.00 $3,283.00 cylinder 1 9904232 - Scraper FORCE Electric pressure transmitter to read on LCD $625.00 $625.00 screen, installed 1 9900351 - Scraper FORCE reverse/Auto-Lift system, ADD-A-FOLD valve, $703.00 $703.00 installed 1 9902948 - Wing Falls RHSDL10A-HYDPB Primed LESS CUTTING EDGES $12,908.00 $12,908.00 1 9900388 - Installation Falls SDL Series Wing - w/Bulkhead Couplers $5,196.00 $5,196.00 1 9901431 - Wing Falls RL (REAR LIFT) up charge SDL WING $549.00 $549.00 1 9904688 - Wing Falls POST-LESS Toe Lift in lieu of Std Front post/slide system 1 9900477 - Wing Falls Hwy Orange - Paint Moldboard $395.00 $395.00 4 9900545 - Plow Hitch Falls Installation of (supplied) Multi-Coupler (1) FOR PLOW ANGLE, (1) FOR WING TOE, (1) FOR WING HEEL, (1) FOR WING PUSHBAR CONNECTIONS. 1 9900567 - Plow Hitch Falls 46XB2/STD/STD/SA/SPR-RET/HITCH $2,825.00 $2,825.00 1 9900589 - Installation Falls Plow Hitch - 40 Series 3Line/STDBLKHD $2,202.00 $2,202.00 1 9903074 - Plow Falls Poly PTE-1248/TRP-EDG/NOSHU/POLY-BLK Plow LESS $11,574.00 $11,574.00 CUTTING EDGES *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 1 9900619 - Plow Push Unit Falls 20/26/40/46 Series Std $1,037.00 $1,037.00 1 9900637 - Plow Falls High Visibility Marker Set $131.00 $131.00 1 9900639 - Plow Falls Rubber Belt Deflector Kit - Installed $433.00 $433.00 1 9900641 - Plow Falls Parking Stand - Screw Adj Style $354.00 $354.00 3 9902873 - VBL 78531WPTSB-PK 7/8" X 5" - 3' w/25 Tungsten Carbide $279.00 $837.00 Insert, Std Punch, Flat Blade, Sgl Bevel **NOTE: (2) FOR WING, (1) FOR SCRAPER 3 9902874 - VBL 78541WPTSB-PK 7/8" X 5" - 4' w/25 Tungsten Carbide $353.00 $1,059.00 Insert, Std Punch, Flat Blade, Sgl Bevel **NOTE:(2) FOR SCRAPER, & (1) FOR WING 1 9902494 - Hitch 7 contact RV (flat pin) socket installed $218.00 $218.00 **NOTE: THIS SOCKET WILL BE USED TO REPLACE THE EXISTING OEM SOCKET, PER CUSTOMER REQUEST. 1 9902495 - Hitch Electronic Brake controller w/wiring to rear socket,$609.00 $609.00 installed in cab of truck **NOTE: WIRED TO 7 RV SOCKET 1 9905134 - Hitch Single pole 12 VDC socket , installed $225.00 $225.00 1 9900773 - Hitch Furnish and install 90 degree fittings & whip hoses $253.00 $253.00 for gladhands on truck 1 9900775 - Hitch TMTE Medium Duty Hitch Plate assembly $687.00 $687.00 1 9901172 - Hitch Installation of med duty hitch (Weld On)$263.00 $263.00 *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 **INCLUDES TRANSFER OF AIR GLAD-HANDS TO PLATE 1 9900791 - Sander Falls 1ASD-6CDSS-6P-1D-1S-LM, Salt Special 6", $6,173.00 $6,173.00 Stainless Steel Unit, LH Discharge, Single Poly Spinner Ass'y, co mplete sander (includes extra salt shield) 1 9901720 - Sander Install & dual manifold RH & LH rear with dripless $1,518.00 $1,518.00 1 9900823 - Sander TMTE Exterior (removable) sander/tailgate spill $498.00 $498.00 plates, Stainless Steel 1 9900852 - Valve System, Force Add-A-Fold MCV-ISO Valve 10 Functions, $17,794.00 $17,794.00 INSTALLED **BOX HOIST, PLOW LIFT, PLOW ANGLE, WING TOE, WING HEEL, WING PUSH-BAR, SCRAPER LIFT, AUGER, SPINNER, & ANTI-ICE 1 9902497 - Control System Force ULTRA-4-6100 Commander control, $13,781.00 $13,781.00 Installed **NOTE: MUST BE FLOOR MOUNTED SEE LINE ITEM BELOW 1 9906314 - Control Add-on FLOOR Mount ULTRA control, in lieu of Seat $352.00 $352.00 Mounting 1 9906313 - Control Add-on Force 6100 30 ft ISOBUS DLA 3 LANE Harness $500.00 $500.00 Kit for Chassis Side, 10/20 Port (includes power harness, CAN Bus harness, & ISOBUS connector) 1 9905737 - Control Add-on Force Config File Reprogramming $250.00 $250.00 (Replicate existing unit configuration) 1 9900882 - Reservoir TMTE Cabshield mt (stainless steel) w/intank $3,975.00 $3,975.00 filter INCLUDED, installed *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE GERALD BYINGTON 952-294-5936 TIM ERICKSON QT 76109 NET 30 DAYS 11/08/22 11/08/22 3256 $175,824.00 1 9900891 - Pump Force TXV92 (5.6 ci),Pump 280 HOT SHIFT for Allison $7,691.00 $7,691.00 Trans, W/ ELECT SHUT DOWN installed 1 9900871 - Switch TMTE BODY UP Installed (electric controls only)$248.00 $248.00 1 9900884 - Sensor Force Low oil indicator system, SLIM-LINE AND $366.00 $366.00 CABSHIELD MOUNTED w/light mounted in cab, installed 4 9900904 - Valve 2-port 1/2" Multi-Hose coupler system installed $1,251.00 $5,004.00 **NOTE: (1) FOR PLOW ANGLE, (1) FOR WING TOE, (1) FOR WING HEEL, & (1) FOR WING PUSH-BAR CONNECTIONS 1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel Body Structure; 5 yr Whelen LED Light Systems; 3 yr Palfinger Hoists; 4 yr SwapLoader Hoists; 1 year Swenson Spreaders, 2 yr Hyd, FALLS Snow Equip, Tele Hoists, and all other items. $175,824.00 $175,824.00 MN 55344 USA MN 55344 ** QUOTATION ** 11/08/2022 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: 2023 Police Vehicle Replacement ITEM NO.: VIII.F Requested Action Move to: Authorize purchase of one 2023 Dodge Durango Police Pursuit Vehicle with outfitting from Guardian Fleet Safety for $64,213.51 and declare the replacement vehicle surplus. Synopsis This vehicle is not available to the City from the State Contract vendor due to manufacturer supply cancellations, but Guardian Fleet Safety can provide the same vehicle at a lower price than the State Contract pricing. The price for the Dodge Durango vehicle at Minnesota State Contract pricing is $43,195.00. Guardian Fleet Safety has the vehicle available and can completely outfit the vehicle at their facility with a short delivery time (approximately 3 weeks) which is critical to keeping our police officers on patrol. The cost of this vehicle from Guardian Fleet Safety is $41,000.00 and the upfitting is an additional $23,213.51. The total vehicle cost of $64,213.51 will be funded by Fleet Services internal fund. Guardian Fleet Safety is on the MN state contract for emergency lighting (MN State contract # 170214). With this approval Fleet Services will surplus the replacement vehicle (Unit 225, 2015 Dodge Charger, VIN# 2C3CDXKT1FH841660) through auction or other authorized means. Attachments • CPV Pricing for Squad Car • Guardian Quote Squad Car and Outfitting City of Eden Prairie Dodge of Burnsville 12101 Hwy 35W South Todd Prissel tprissel@dodgeofburnsville.com 952-767-2702 State Contract # 184131 Allow TBD weeks for delivery from order date Order Cutoff TBD 2023 Durango Pursuit AWD Note: Please select options Options V8 WDEE75 22Z Package Base Vehicle Contract Price 40,094.00$ Extra OEM Key From Dealer EDK $245 245.00$ Functional Packages:Copy and Paste Price to add options Technology Group ADG 2,412.00$ Skid Plate Group ADL 297.00$ 18X8.0 Painted Aluminum Wheels WP1 351.00$ Additional Features Floor Carpet CKD 125.00$ Full Length Floor Console CUF 297.00$ Police Floor Console CUG 856.00$ 856.00$ Deactivate Rear Doors/Windows CW6 77.00$ 77.00$ Door/Window Activation Kit CW7 103.00$ Entire Fleet Alike Key (FREQ 2)GXA 145.00$ Entire Fleet Alike Key (FREQ 3)GXE 145.00$ Entire Fleet Alike Key (FREQ 1)GXF 145.00$ 145.00$ Entire Fleet Alike Key (FREQ 4)GXG 145.00$ Power Liftgate JRC 395.00$ Black Right LED Spot Lamp LNA 522.00$ Black Left LED Spot Lamp LNF 549.00$ 549.00$ Security Alarm LSA 153.00$ Delete Liftgate Badge MT8 -$ Uconnect 5 Nav w 10.1" Display (USA)UBN 986.00$ 4 Additional Key Fobs XCS 103.00$ 103.00$ Passenger Side Ballistic Door Panel XDG 2,340.00$ Driver Side Ballistic Door Panel XDV 2,448.00$ Front & Rear Wire Harness XPW 1,440.00$ Seat Options Cloth Bucket Seats W/Rear Vinyl/Black A7X9 121.00$ 121.00$ Cloth Bucket Seats w/ Shift Insert/Black C5X9 -$ Color Options Baltic Grey Metallic Clear Coat PAS 356.00$ Blu By You Clear Coat PBU 505.00$ DB Black Clear Coat PXJ -$ -$ Destroyer Grey Clear Coat PDN 356.00$ Ember Pearl Coat PHC 356.00$ City of Eden Prairie Dodge of Burnsville 12101 Hwy 35W South Todd Prissel tprissel@dodgeofburnsville.com 952-767-2702 Flame Red Clear Coat PR4 505.00$ Frostbite Pear Coat PCA 356.00$ Michigan State Police Blue P79 505.00$ Midnight Sky PCQ 256.00$ Octane Red Pearl Coat PRV 356.00$ Ranger Clear Coat P82 505.00$ Silver Metallic Clear Coat PSE 356.00$ White Knuckle Clear Coat PW7 -$ Delaer Installed Options Engine Block Heater DBH 365.00$ 365.00$ 3 Lock Remote Start DRS 640.00$ 640.00$ Total Delivered Price with options Per Contract 43,195.00$ Dodge Of Burnsville 12101 Hwy 35W South Burnsville MN 55337 Todd Prissel tprissel2dodgeofburnsville.co 952-767-2702 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT/DIVISION: Rodney W. Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 04-5632 Approve Joint Powers Agreement and Easements with MAC for Pioneer Trail Improvements ITEM NO.: VIII.G. Requested Action Move to: • Approve and authorize immediate execution of Joint Powers Agreement (JPA) and Temporary Easement Agreement with the Metropolitan Airports Commission (MAC) for Pioneer Trail Improvements • Approve and authorize future execution of permanent Drainage and Utility Easement with MAC, subject to changes as approved by the City Engineer and City Attorney Synopsis The Joint Powers Agreement (JPA) with MAC defines the responsibilities of each agency regarding the construction and costs associated with street and utility improvements on Pioneer Trail adjacent to a portion of two development parcels owned by MAC and identified in a Memorandum of Understanding dated December 7, 2010. The two parcels are described as Hennepin County PID Nos. 27-116-22-13-0005 and 27-116-22-14-0001. The City of Eden Prairie will construct utility (sanitary sewer and water), street, and stormwater improvements, and MAC will be responsible to pay the actual costs to the City for the improvements, estimated at $302,564.50. The actual construction, engineering, and administrative costs will be determined upon completion of the Pioneer Trail improvements. The JPA also provides that MAC will grant the City temporary and permanent easements for the construction and ongoing maintenance of the improvements. These easements are needed for project-related drainage improvements on a non-developable MAC parcel adjacent to Pioneer Trail. The JPA and the Temporary Easement are finalized and ready for execution. Because of MAC’s ownership and the proximity of the property to Flying Cloud Airport, the permanent easement for the project requires the approval of the Federal Aviation Administration (FAA), which approval is pending. A draft of the permanent easement that has been agreed upon by City staff and MAC is attached. Upon FAA approval, additional language will be added to reflect conditions of FAA approval. To expedite the process, staff requests that the Council authorize the future execution of the permanent easement, subject to the inclusion of additional FAA terms as approved by the City Engineer and the City Attorney. Background Information Pioneer Trail (City street) is currently a paved bituminous street in poor condition that does not have concrete curb and gutter or a stormwater drainage system. A bituminous trail exists along a portion of the north side of the street and will be reconstructed as part of the project. There are existing city sanitary sewer and water utilities along a portion of this corridor. MAC has requested that City sanitary sewer and watermain infrastructure be extended to serve their developable parcels. The approval of the JPA and easement agreements will allow the city to advance the project to construction this summer. Further City Council action to approve the plans and specifications and set a bid date will be scheduled for a future Council meeting. Financial Implications Project costs will be financed through a combination of funding sources including the pavement management fund, utility (wastewater, water, and stormwater) funds, and special assessment agreements. MAC will pay the actual costs of the portion of the project affecting its parcels as described above. Attachments • Joint Powers Agreement with MAC • Temporary Easement Agreement • Drainage and Utility Easement (to be executed later) - 1 - JOINT POWERS AGREEMENT Pioneer Trail Utility Improvements Eden Prairie, MN THIS AGREEMENT, is made and entered into this ___ day of _______________, 2023, by and between the City of Eden Prairie, Minnesota, a Minnesota municipal corporation, hereinafter referred to as the “City”, and the Metropolitan Airports Commission, a public corporation of the State of Minnesota hereinafter referred to as “MAC”. WITNESSETH: WHEREAS, under Minnesota Statutes 473.601 – 473.679, MAC owns and operates Flying Cloud Airport, hereinafter referred to as the “Airport,” which is located in the City; and WHEREAS, the City has prepared plans and specifications for improvements to City street Pioneer Trail near the Airport, as shown on the City Engineer’s plans for Improvement Project I.C. 04- 5632 (the “Project”); and WHEREAS, MAC and the City have entered into a Memorandum of Understanding Regarding Certain Development Projects at the Flying Cloud Airport, dated December 7, 2010, which includes the potential development of a portion of two parcels adjacent to Pioneer Trail, described as Hennepin County PID Nos. 27-116-22-13-0005 and 27-116-22-14-0001, hereinafter called the “Premises”; WHEREAS, as a component of the Project, the City has offered to install connections to the City’s sanitary sewer and water utilities to serve the Premises (the “Utility Improvements”); WHEREAS, MAC and the City have agreed that MAC will reimburse the City for the actual Project costs incurred in (i) constructing the Utility Improvements and (ii) improving that portion of the street and stormwater improvements abutting the Premises (the “Street and Stormwater Improvements”); WHEREAS, to complete the Project, the City must acquire temporary and permanent easements over the Premises for grading and stormwater purposes; and WHEREAS, MAC has determined that the authorized uses under this Agreement will not interfere with airport operations; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW THEREFORE, MAC and the City, in consideration of the covenants and considerations - 2 - hereinafter specified, do hereby agree with the other as follows: 1. PURPOSE. The parties have joined together for the purpose of stating their intent to cooperate with and support each other in the construction of the Project. 2. METHOD. The City has completed the preparation of plans, specifications, and a cost estimate for construction of the street and stormwater improvements abutting the Premises (the “Street and Stormwater Improvements”) and the Utility Improvements, which have been provided to MAC prior to the execution hereof. The calling for bids, the acceptance of all bid proposals and entering into contracts for construction of the improvements shall be done by the City. The City shall be responsible for construction administration of the improvements. 3. COST. MAC and the City agree that MAC is responsible for the following costs: • 100% of the actual construction costs of the Utility Improvements (the “Utility Costs”). The current estimate of the Utility Costs is $151,882.50. • A proportional share actual construction costs of the Street and Stormwater Improvements (the “Street and Stormwater Costs”), based on the street frontage of the Premises on Pioneer Trail, currently estimated at $150,682. • SAC, WAC and trunk fees for the Premises, which will be due at the time of development and may be paid by the developer. The amounts above include engineering costs of 25% and administrative costs of 5% of estimated construction costs. Payment to the City will be based on actual costs as compiled and within 6 months of Project completion. Payment of actual costs that exceed $300,000 are subject to approval of the MAC full Commission. 4. TEMPORARY EASEMENT. Contemporaneous with the execution of this Agreement, the MAC shall grant to the City a temporary easement for construction and stormwater purposes over that portions of the Premises as shown and described in Exhibit “A” attached hereto (the “Temporary Easement Area”). MAC shall provide the temporary easement to the City at no cost. The City may use the Temporary Easement Area only for construction of the Project, all as indicated in the plans and specifications for the Project. 5. PERMANENT EASEMENT. MAC shall grant a permanent easement for stormwater purposes over that portion of the Premises as shown and described in Exhibit “B” attached hereto (the “Permanent Easement Area”). For the permanent easement, the City shall pay to MAC the amount of $0.096 per square foot of Permanent Easement Area, currently estimated at 1,673.75 square feet but subject to field verification. The granting of the permanent easement to the City is subject to the approval of the Federal Aviation Administration (FAA). MAC shall convey the permanent easement to the City upon receipt of FAA approval. If the FAA does not ultimately approve the granting of a permanent easement, then City will remove any improvements from the Project and restore the Property to its pre-existing condition as required by FAA. MAC will bear removal and restoration costs associated with removing the Utility Improvements, and the City will bear any other removal and restoration costs associated with the Project. This requirement shall survive the expiration or termination of this Temporary Easement. - 3 - The Temporary Easement Area and the Permanent Easement Area will be referred to herein as the “Easement Areas.” 6. MAINTENANCE. All maintenance of the Project shall be at no cost to the MAC. The City shall restore the Temporary Easement Area to a condition reasonably similar to the condition in which it was prior to construction. The City shall be responsible for maintenance and repair of the stormwater infrastructure in the Permanent Easement Area which obligation shall survive the termination of this Agreement at all times and at no cost to the MAC, and keep said all improvements thereon in a neat and clean condition and in good repair. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 7. INSURANCE and INDEMNIFICATION. The City shall: a) maintain liability and other insurance coverage in types and amounts customarily carried by cities of same size in Minnesota, and b) indemnify, hold harmless and defend the MAC, its officers, directors, agents, and employees, from any claims, losses, costs, expenses, or damages resulting from the acts or omissions of City’s officers, agents, employees, contractors or subcontractors arising from City’s exercise of its rights and performance of its obligations within this Agreement. The City’s grant of indemnity contained within this Section shall survive the termination of this Agreement. 8. ENVIRONMENTAL RESPONSIBILITIES. City shall be responsible for and shall indemnify, defend and hold harmless the MAC against any environmental costs associated with the Project, including but not limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees, and which arise out of or were caused by City’s actions, inactions or activities related to the Project during the term of this Agreement. Such indemnity shall not apply to any environmental cost associated with any existing condition on the Premises that was only discovered as a result of the City’s work on the Project and not caused by the City. The City’s grant of indemnity contained within this Section shall survive the termination of this Agreement. 9. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinance, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions thereof or of the MAC relating to Project under Agreement and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the Airport; and the City shall see to the payment of any and all taxes, assessments, fees or other charges that may be legally levied, assessed or made during the term of this Agreement or any extension thereof by reason of the uses hereby permitted of the lands. City shall provide evidence of compliance with such laws to the MAC upon request of the MAC. 10. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects or natural growth, and other objects on the herein described real property to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Easement Areas which will have a detrimental effect on control tower operations or otherwise affect night operations. - 4 - 11. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the herein-described real property which would interfere with or be a hazard to the flight of aircraft over the property or to and from the Airport or interfere with air navigation and communication facilities presently or in the future serving the Airport. 12. WITHOUT PREJUDICE. It is understood that grant of this Agreement and use of the Easement Areas is conditioned upon and shall be without prejudice to the rights of the MAC as owner and operator of the aforesaid public Airport of which the subject Easement Areas constitute a part. 13. CIVIL RIGHTS. City agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds City and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964 14. TITLE VI CLAUSES. During the performance of this contract, the City, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. - 5 - 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 15. TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES. During the performance of this contract, City, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - 6 - • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Operators, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 16. NOTICES. All notices, or communications between MAC and City shall be in writing and delivered in person or by courier or mailed by certified mail, return receipt requested by United States mail, postage prepaid addressed as follows: - 7 - MAC: Metropolitan Airports Commission VP, Planning and Development 6040 28th Avenue South Minneapolis, MN 55450 CITY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attention: City Engineer Any notice shall be deemed to have been given (i) two business days after being deposited in the mail, whether or not the notice is accepted by the named recipient, or (ii) if delivered by any other means, the date such notice is actually received by the named recipient. Either party may change the party’s address for notice by providing written notice to the other party. (The remainder of this page is intentionally left blank.) - 8 - IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. METROPOLITAN AIRPORTS COMMISSION By: Executive Director/CEO Date: - 9 - CITY OF EDEN PRAIRIE Date: _____________________ By: Ronald A. Case, Mayor Date: _____________________ By: Rick Getschow, City Manager - 10 - EXHIBIT A Temporary Easement - 11 - EXHIBIT B Permanent Easement Page 1 of 7 TEMPORARY EASEMENT AGREEMENT FOR PROPERTY LOCATED ON PARCEL 5 FLYING CLOUD AIRPORT NORTH OF PIONEER TRAIL This Temporary Easement is granted this day of , 2023, by the METROPOLITAN AIRPORTS COMMISSION, a public corporation organized and operated pursuant to the laws of the State of Minnesota, (“GRANTOR”), to the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("GRANTEE"), in accordance with the conditions herein described. 1. Recitals. WHEREAS, GRANTOR is the owner of a certain tract of land located within Hennepin County in the State of Minnesota, known as Flying Cloud Airport (FCM), Parcel 5 (“Parcel 5”); and WHEREAS, GRANTEE is undertaking a project to improve GRANTEE’s public right-of-way known as Pioneer Trail (“Project”). The Project will include revised grading, relocation of the drainage swale, and installation of a new storm sewer pipe to replace an existing drainage swale and storm sewer pipe located within the right-of-way. The existing and proposed storm sewer pipe discharges to a portion of Parcel 5 located just north of the intersection of County Road No. 1 and Pioneer Trail (residential) and elements of the Project will be located on Parcel 5; and WHEREAS, GRANTEE wants to begin construction of the Project as soon as possible; and WHEREAS, GRANTEE has requested, and GRANTOR has agreed to grant this Temporary Easement over and across those portions of Parcel 5 shown and legally described on Exhibit A for the installation of the Project (the “Property”); and WHEREAS, the GRANTEE acknowledges and accepts the risk that the Federal Aviation Administration ("FAA") may refuse to approve a permanent easement and that, based on the FAA's refusal, GRANTEE will have to remove any drainage and discharge improvements and restore the Property at GRANTEE’S cost; and NOW, THEREFORE, for good and valuable consideration, GRANTOR hereby grants and conveys this Temporary Easement to the GRANTEE for the purposes of allowing the proposed work to be conducted on the Property, subject to the requirements and conditions of this Temporary Easement. 2. Scope and Terms of Temporary Easement. (a) GRANTOR grants this Temporary Easement free of charge to the GRANTEE. GRANTEE will pay fair market value for the permanent easement described in Section 14 below. (b) GRANTOR hereby issues to the GRANTEE this Temporary Easement allowing the GRANTEE, and its employees, agents, and contractors, a non-exclusive right to enter the Property to perform grading and drainage work related to the Project. (c) The GRANTEE agrees to notify GRANTOR at least forty-eight (48) hours prior to entering the Property for any preliminary work, start of construction, and completing of construction related to the Project. GRANTEE agrees to keep GRANTOR abreast of the construction schedule for the Project as reasonably necessary. Notification shall be made to the Flying Cloud Airport Manager. Page 2 of 7 (d) Upon completion of the Project, GRANTEE will restore the Property to the condition existing prior to commencement of the Project, including complete turf re-establishment. (e) This Temporary Easement is granted for no other purpose than for performing construction activities related to the Project, including, but not limited to, surveying, staking, operation of construction equipment for grading work, utility work, and restoration of all disturbed areas of the GRANTEE’s project. Installation of other non-Project related utilities or other use of the area is prohibited. (f) All costs associated with the GRANTEE’s Project, or work as defined in this Temporary Easement, shall be borne by the GRANTEE, except as otherwise agreed to by GRANTOR and GRANTEE by separate agreement. (g) GRANTEE shall be responsible for obtaining all necessary permits from all applicable agencies prior to starting any construction. GRANTEE shall supply GRANTOR with copies of all permits if requested by GRANTOR. (h) GRANTEE agrees to maintain those portions of the Property under this Temporary Easement and all improvements thereon in a neat and clean condition and in good repair, keeping the GRANTOR’s Property area free from debris and erosion. The GRANTEE shall not suffer or permit any waste or nuisance on the Property and shall allow no illegal acts or conduct thereon or such as will constitute a nuisance. (i) GRANTEE agrees that its maintenance of the disturbed areas on the Property will continue until GRANTOR determines that the areas have been fully restored in the same or better condition for any existing pavements, fence, gravel, turf, pavement markings, or any other existing condition impacted by the Project. GRANTEE shall be responsible to protect any and all existing utilities. (j) GRANTOR’s Property shall at all times be subject to regulations and restrictions imposed by the Federal Aviation Administration (FAA) regarding operations at Flying Cloud Airport. GRANTOR or the FAA may require the removal or modification of any work constructed or performed under this Temporary Easement if GRANTOR or FAA believes that said object or structure violates applicable FAA regulations or interferes with operations at FCM. (k) GRANTEE shall provide dust control with sweeping equipment, to keep the Project site and adjacent roads used for hauling materials free of debris so as to not cause impacts to Flying Cloud Airport operations, the traveling public or others. GRANTEE shall minimize queueing of Project construction vehicles on the Project site and adjacent roads such that there is no impact to the Flying Cloud Airport operations, the traveling public or others using the roads adjacent to the Project area. GRANTEE shall provide access to any MAC utilities at all times. If there are any issues that arise from items in this Section, the GRANTEE shall be notified by the GRANTOR and rectify the issue within 30 minutes for Flying Cloud Airport operation impacts and within a reasonable amount of time given the circumstances for other impacts. (l) GRANTEE agrees that no lights will be permitted or installed on the Property that would interfere with aircraft or airport operations. 3. Insurance. GRANTEE shall (i) maintain insurance, a standard term policy or policies of insurance in amounts hereinafter set out against public liability and property damage, including advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy or policies shall be in the amount of statutory limits provided by Minn. Stat. § 466.04, or as such statute may be amended or modified from time to time. Such policy or policies shall provide for a minimum of thirty (30) days written notice of cancellation. GRANTEE shall cause its contractors performing work related to this Project, if any (“Contractor”), to purchase and maintain insurance, as set forth below, providing for protection from claims which may arise out of or result from the contractor’s operations under this Project and for which contractor may be legally liable, whether Page 3 of 7 such operations be by Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily 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 (a) 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. (b) Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. (c) All policies, except the Worker’s Compensation Policy, shall name GRANTEE and GRANTOR as additional insureds on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. (d) All policies shall apply on a “per project” basis. (e) GRANTOR and GRANTEE shall be listed as an “additional insured” on all policies. (e) Other Insurance Provisions i. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed, except after thirty days’ prior written notice, has been given at the following addresses. City of Eden Prairie Attn: City Engineer 8080 Mitchell Road Eden Prairie, MN 55344 Metropolitan Airports Commission Attn: Insurance Risk Management 6040 28th Avenue South Minneapolis, MN 55450 Page 4 of 7 ii. In addition to notifying its insurer(s) in accordance with the policy, Contractor shall provide prompt written notice (to the address above) as soon as reasonably possible of any accident or loss relating to work performed on behalf of the GRANTEE. GRANTEE shall notify the GRANTOR of the same. iii. Each policy shall be endorsed to state that the insurer agrees to waive all rights of subrogation against the GRANTEE and GRANTOR, for losses arising out of the performance of the Project. iv. Insurance is to be placed with insurers with Best’s rating of no less than A-, unless specifically accepted in writing by GRANTEE and GRANTOR. v. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the GRANTEE before work commences. GRANTOR is not obligated to review certificates or other evidence of insurance, or advise of any deficiencies in such documents. The GRANTOR will have the right to examine any policy required by this Temporary Easement. 4. Bond. As required by law, GRANTEE shall require a payment and performance bond which shall cause its contractors performing work related to the Project to faithfully complete the construction contract according to its terms. The bond shall pay all costs of enforcement of the terms of the bond, if action is brought thereon, including reasonable attorney’s fees, costs, and disbursements, in any case in which such action is successfully maintained or successfully appealed, and shall comply with the laws of the state appertaining to such contract and remain in full force and effect pursuant to Minnesota Statutes, Chapter 574. 5. Compliance with Laws. The GRANTEE shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of (including but not limited to the Department of Health, Pollution Control Agency, Watershed Districts, etc.), or of the GRANTOR relating to the lands under this Temporary Easement and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the Airport; and the GRANTEE shall see to the payment of any and all taxes, assessments, fees or other charges that may be legally levied, assessed or made during the term of this Temporary Easement or any extension thereof by reason of the use hereby permitted. 6. Environmental Responsibilities. (a) GRANTEE shall be responsible for and shall indemnify, defend and hold harmless GRANTOR against any environmental costs associated with GRANTOR’s Property, which arise out of or were caused by GRANTEE’s or GRANTEE’s contractors actions, inactions, or activities related to the Project during the term of this Temporary Easement, including but not limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees. GRANTEE’s grant of indemnity contained within this Section shall survive the termination of this Temporary Easement. (b) GRANTEE shall be responsible for removal or disposal required by federal, state, or local law of any hazardous materials encountered on the Property as a result of GRANTEE’s activities herein. No mining of GRANTOR’s Property will be allowed. 7. Grantor’s Right of Entry onto Temporary Easement. GRANTOR shall at all times and through its agents, employees or contractors have a right of entry upon the Property under this Temporary Easement, as may be necessary in the development, maintenance, and operation of Flying Cloud Airport. Further, GRANTOR reserves the right to install and maintain under the Property of this Page 5 of 7 Temporary Easement such utility lines, conduits, pipes, pavements, ditches and facilities as may be necessary to the development of Flying Cloud Airport (1) that do not conflict with GRANTEE’s authorized use of GRANTOR’s Property under this Temporary Easement, or (2) in a manner that mitigates impact to GRANTEE’S authorized use, provided that GRANTEE has provided its prior written approval of such impact and mitigation measures. 8. Without Prejudice. It is understood that the granting and use of this Temporary Easement is conditioned upon and shall be without prejudice to the rights of the GRANTOR as owner of the property. 9. FAA Required Contract Provisions. (a) Further Development. GRANTOR reserves the right to further develop or improve the landing area of Flying Cloud Airport as it sees fit, regardless of the desires or view of GRANTEE in its capacity as the holder of the Temporary Easement, and without interference or hindrance. (b) Right of Flight. There is hereby reserved to GRANTOR, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Property. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the FCM Airport. (c) Subordination. This Temporary Easement shall be subordinate to the provisions of and requirements of any existing or future agreement between GRANTOR and the United States, relative to the development, operation, or maintenance of Flying Cloud Airport, and relative to taking over of Flying Cloud Airport or the exclusive or non-exclusive use of Flying Cloud Airport by the United States during the time of war or national emergency. Nothing in this Temporary Easement shall be construed to prevent GRANTOR from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on Flying Cloud Airport. (d) Part 77. GRANTEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure is planned for the Property, or in the event of any planned modification or alteration of any present or future structure situated on the Property. GRANTEE agrees to submit an FAA Form 7460-1 to the FAA for airspace analysis, prior to commencing any work in the Temporary Easement Area. GRANTEE expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the herein described real property to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. (e) Hazards. The GRANTEE by accepting this Temporary Easement agrees for itself, its successors, and assigns that it will not make use of the Property in any manner which might interfere with the landing and taking off of aircraft from Flying Cloud Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, GRANTOR reserves the right to enter upon the Property and cause the abatement of such interference at the expense of the GRANTEE. (f) General Civil Rights Provision. GRANTEE agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the GRANTEE transfers its obligation to another, the transferee is obligated in the same manner as the GRANTEE. Page 6 of 7 This provision obligates the GRANTEE for the period during which the property is owned, used or possessed by the GRANTEE and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. (g) Title VI Clause for Use of Real Property. The GRANTEE for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the GRANTEE will use the premises in compliance with all other requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities. With respect to this Temporary Easement, in the event of breach of any of the above Nondiscrimination covenants, GRANTOR will have the right to terminate the Temporary Easement and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the Temporary Easement had never been made or issued. (h) Title VI Clause for Construction/Use/Access to Real Property. The GRANTEE for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the GRANTEE will use the premises in compliance with all other requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities. With respect to this Temporary Easement, in the event of breach of any of the above nondiscrimination covenants, GRANTOR will have the right to terminate the Temporary Easement and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said Temporary Easement had never been made or issued. (i) Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this contract, the GRANTEE, for itself, its assignees, and successors in interest (hereinafter referred to as the “GRANTEE”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Page 7 of 7 • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Operators, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 10. Indemnification. GRANTEE agrees to indemnify, save harmless, and defend GRANTOR and its Commissioners, officers, agents and employees (collectively “Indemnitees”) against all losses and liabilities, or claims thereof, arising out of or incident to GRANTEE’S exercise of its rights or obligations under this Agreement or the Temporary Easement, or arising out of or incident to the acts or omissions of GRANTEE or GRANTEE’S agents, employees, contractors, subcontractors, or invitees, regardless of where the loss may occur (hereinafter, “Loss”). GRANTEE agrees to bear all reasonable costs of the investigation of and defense against any Loss. GRANTEE also agrees to bear all reasonable costs of GRANTOR’S actions taken in response to the Loss or in remedying the same. The costs mentioned in the previous two sentences include without limitation, the fees of laborers, attorneys, consultants, experts, and investigators, as well as the costs of supplies, materials, and equipment. Notwithstanding the foregoing four sentences, GRANTEE is not obligated to indemnify, save harmless, or defend an Indemnitee against any Loss to the extent a court of competent jurisdiction decides that such Loss resulted from an Indemnitee’s sole negligence or intentional acts, or to the extent GRANTOR’S staff and GRANTEE mutually in writing agree that GRANTEE is not obligated. The requirements of this section shall be subject to the provisions of Minn. Stat. § 466.04, as such shall be amended or modified, from time to time. GRANTOR’S staff will give GRANTEE reasonable notice of any Loss. In indemnifying or defending an Indemnitee, GRANTEE must use counsel reasonably acceptable to GRANTOR’S staff. GRANTOR’S staff, at its option and at GRANTOR’s expense, has the right to select its own counsel, or to approve joint counsel, as appropriate, and any experts for the defense. GRANTEE, at its expense, must provide GRANTOR with all electronic or physical data and give access to any persons reasonably necessary to investigate and defend. Page 8 of 7 The provisions of this section survive expiration or termination of this Agreement. The furnishing of the required insurance does not limit GRANTOR’S obligations under this section. As a distinct and separate indemnification obligation, GRANTEE agrees to indemnify, save harmless, and defend Indemnitees from any Loss arising out of GRANTEE’S failure or alleged failure to procure and to keep in force the insurance required in this section. This indemnification is intended for the indemnified parties and their legal representatives. The provided indemnification is not intended to relieve a primary insurer of its coverage obligations. 11. Warranty of Title. The GRANTOR warrants it is the owner of the Property and has the right, title and capacity to convey to the City the easement herein. 12. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the GRANTOR, its successors and assigns. 13. Term. This Temporary Easement shall expire and be of no further force or effect on July 1, 2024. 14. Grantor’s Revocation (a) GRANTOR shall have the right to revoke this Temporary Easement if the GRANTEE fails to comply with any term or condition of this Agreement. In the event GRANTOR believes one or more of the conditions herein is not abided by, GRANTOR shall notify GRANTEE in writing of the problem. In the event the problem requires immediate attention due to circumstances related to the airfield, GRANTOR shall notify the GRANTEE or its contractor immediately. (b) Should GRANTEE or GRANTEE’s contractor be notified of a breach of this Temporary Easement, GRANTEE or GRANTEE’S contractor shall remedy the situation immediately. If the problem is not urgent or impacting the airfield, GRANTEE shall have 10 days from the date of written correspondence to cure the breach of this Temporary Easement. GRANTOR may allow a longer time period to cure as may be reasonably necessary, but only if: 1) GRANTEE is reasonably capable of curing the problem, and 2) GRANTEE is working diligently as determined by the GRANTOR to cure the problem. (c) In the event GRANTEE fails to cure the breach after 10 days’ notice, or immediately if the breach is urgent or impacting the airfield as determined solely by GRANTOR, GRANTOR may revoke this Temporary Easement under this provision, and GRANTEE will restore the Property to the existing condition as it existed prior to commencement of the Project, including complete turf re-establishment and any fence repair/replacement,. 15. Permanent Easement. Prior to or concurrent with the expiration of this Temporary Easement, the parties intend to enter into a permanent easement. The granting of a permanent easement requires approval by the FAA. If the FAA does not ultimately approve the granting of a permanent easement to GRANTEE, then GRANTEE will need to remove any and all improvements from the Project and restore the Property to its pre-existing condition, all at GRANTEE’s cost. This requirement shall survive the expiration or termination of this Temporary Easement. Page 9 of 7 Page 10 of 7 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: GRANTOR METROPOLITAN AIRPORTS COMMISSION By: Its: STATE OF ________ _______ ) ) SS COUNTY OF ________ _______ ) The foregoing instrument was acknowledged before me this ___ _ day of __________________, 2023, by Brian Ryks, Executive Director/Chief Executive Officer of the METROPOLITAN AIRPORTS COMMISSION, a public corporation and political subdivision of the State of Minnesota, on its behalf. (Seal) Notary Public Page 11 of 7 GRANTEE City of Eden Prairie By: Ronald A. Case, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ _ day of __________________, 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on its behalf. (Seal) Notary Public Exhibit A Page 1 of 3 DRAINAGE AND UTILITY EASEMENT at the Flying Cloud Airport THIS AGREEMENT is granted this day of , 2023, by the METROPOLITAN AIRPORTS COMMISSION, a public corporation organized and operated pursuant to the laws of the State of Minnesota, (“GRANTOR”), to the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation ("GRANTEE"), in accordance with the conditions herein described. 1. Recitals. WHEREAS, GRANTOR is the owner of a certain tract of land located within Hennepin County in the State of Minnesota, known as Flying Cloud Airport, (FCM), Parcel 5 (“Parcel 5” or “GRANTOR’s Property”); and WHEREAS GRANTEE is undertaking a project to improve GRANTEE’s public right-of-way known as Pioneer Trail (“Project”). The Project will include revised grading, relocation of the drainage swale, and installation of a new storm sewer pipe to replace an existing drainage swale and storm sewer pipe located within the right-of-way. The existing and proposed storm sewer pipe discharges to a portion of Parcel 5 located just north of the intersection of County Road No. 1 and Pioneer Trail (residential); and WHEREAS, GRANTEE has requested, and GRANTOR has agreed, to grant a permanent easement over and across portions of GRANTOR’S Property for the ownership and maintenance of the drainage and utility improvements associated with the Project (the “Easement”). The Easement is graphically shown and legally described on Exhibit A attached hereto; and WHEREAS, GRANTOR and GRANTEE entered into a Temporary Easement on ____________, 2023, which allowed GRANTEE to access the property to install the improvements to be completed within the Easement. NOW THEREFORE, for good and valuable consideration, the parties agree as follows: 2. Easement. (a) GRANTOR grants to GRANTEE this perpetual 10-foot wide Easement, with an approximate area of 1673.8 square feet, allowing the GRANTEE, and its employees, agents, and contractors, the non-exclusive right of entry to inspect, protect, operate, maintain, replace, alter, or remove the drainage swale, storm sewer pipe and appurtenances thereto in, under and upon that part of land located in Hennepin County, Minnesota, graphically shown and legally described on Exhibit A. All work shall be done at no cost to GRANTOR. (b) This Easement is subject to Federal Aviation Administration (FAA) approval for release of the property from aviation uses. This Easement is granted with the approval from FAA, which was received on _________, 2023. See Section ___ below for conditions. (c) The terms and provisions of this Agreement shall run with the land, and shall extend to and be binding upon GRANTOR, its heirs, legal representatives, successors, and assigns. (d) GRANTEE shall, prepare, execute, and record this Easement and future revisions with the Hennepin County Recorders Office and provide a recorded copy to GRANTOR. 3. Cost. GRANTEE shall pay to GRANTOR $160.68 for the rights granted by this Easement. 4. Conditions of the Easement. Page 2 of 3 (a) GRANTOR grants GRANTEE access to the Easement area, for either an emergency or non-emergency situation to inspect, protect, operate, and maintain the drainage swale, storm sewer pipe(s) and appurtenances such that no interference to FCM Operations is incurred. Should there be concern for interference due to equipment or other to cause impact to Airport Operations, GRANTEE shall provide prior notification to and receive approval from GRANTOR’s Airport Manager. (b) The GRANTEE assumes storm water conveyance and storm water pond maintenance responsibilities to ensure any ponding does not become an attractant to waterfowl. These responsibilities include, but are not limited to, minimizing the amount of open water, maintaining emergent grasses within open water areas, and maximizing tall-growing vegetation around the pond. Should waterfowl problems arise, by notification of the GRANTOR to GRANTEE, the parties shall agree on the appropriate measures to be taken at that time by GRANTEE. (c) GRANTOR agrees that it will not interfere with GRANTEE’s operation of its drainage swale and storm sewer or GRANTEE’s Easement rights provided all access and maintenance work is coordinated with GRANTOR per this agreement. (d) GRANTEE’s easement shall at all times be subject to regulations and restrictions imposed by the Federal Aviation Administration (FAA) including height, lighting, no structures, no attraction of waterfowl, and/ or other objects that might interfere with safe operations of the Airport and GRANTOR may require the removal or modification of any above ground improvement upon the GRANTOR’s Property whether permanent or temporary, if GRANTOR believes that said object or structure violates applicable FAA regulations or interferes with safe operation of the Airport. (e) GRANTOR shall at all times and through its agents, employees or contractors have a right of entry upon the Easement, as may be necessary in the development, maintenance, and operation of Flying Cloud Airport or GRANTOR’S Property. Further, GRANTOR reserves the right to install and maintain under the Property of this Easement such utility lines, conduits, pipes, pavements, ditches and facilities as may be necessary to the development of Flying Cloud Airport or GRANTOR’S Property that (1) do not conflict with GRANTEE’s authorized use of GRANTOR’s Property under this Easement, or (2) in a manner that mitigates impact to GRANTEE’S authorized use, provided that GRANTEE has provided its prior written approval of such impact and mitigation measures. (f) GRANTOR will not perform or undertake any activity that could damage or restrict the use of GRANTEE’s Easement, with the exception of those rights granted under this Agreement. In return, GRANTEE will not perform or undertake any activity that could damage or restrict the use of GRANTOR’s property, with the exception of those rights granted under this Agreement. (g) GRANTEE shall at all times exercise due care and diligence to avoid injury or damage to airfield pavements, roadways, other utilities, and other personal property of the GRANTOR, and the GRANTEE shall be solely liable for its own acts, omissions or damages caused by GRANTEE’s acts or omissions. (h) GRANTEE agrees to maintain the land under this Easement in a neat, clean condition and in good repair keeping the GRANTOR’s property free from debris and erosion. The GRANTEE shall not suffer or permit any waste or nuisance on the Easement and shall allow no illegal acts or conduct thereon or such as well constitute a nuisance. (i) GRANTEE agrees to correct any issue(s) encountered by GRANTOR as identified by sampling of drainage and other environmental testing related to water quality on Flying Cloud Airport, provided that such issue(s) were or are caused by GRANTEE’s use of the Easement. GRANTEE and GRANTOR shall coordinate to Page 3 of 3 determine source of issue/non-compliance, corrective action, reporting and other requirements necessary to mitigate and/or remedy the issue(s). (j) In the event that use of the drainage swale, storm sewer pipe and appurtenances is at any time discontinued by GRANTEE, GRANTEE shall have the duty to remove all or any portion of the drainage swale, storm sewer pipe and appurtenances which have been placed on the premises by the GRANTEE. GRANTEE agrees to provide GRANTOR with written notice at least 60 days in advance of such removal. GRANTEE agrees to restore GRANTOR’S property to its pre-existing conditions, all at GRANTEE’s cost. (k) GRANTEE is not allowed to store equipment or materials within the Easement at any time, except while maintenance is being performed. (l) All costs associated with this Agreement shall be borne by the GRANTEE 5. Insurance and Indemnification. GRANTEE and any transferee shall maintain liability and other insurance coverages in types and amounts customarily carried by cities of the same size in Minnesota, or self-insure to the same. GRANTEE agrees to indemnify, save harmless, and defend GRANTOR and its Commissioners, officers, agents and employees (collectively “Indemnitees”) against all losses and liabilities, or claims thereof, arising out of or incident to GRANTEE’S exercise of its rights or obligations under this Agreement or the Easement, or arising out of or incident to the acts or omissions of GRANTEE or GRANTEE’S agents, employees, contractors, subcontractors, or invitees, regardless of where the loss may occur (hereinafter, “Loss”). GRANTEE agrees to bear all reasonable costs of the investigation of and defense against any Loss. GRANTEE also agrees to bear all reasonable costs of GRANTOR’S actions taken in response to the Loss or in remedying the same. The costs mentioned in the previous two sentences include without limitation, the fees of laborers, attorneys, consultants, experts, and investigators, as well as the costs of supplies, materials, and equipment. Notwithstanding the foregoing four sentences, GRANTEE is not obligated to indemnify, save harmless, or defend an Indemnitee against any Loss to the extent a court of competent jurisdiction decides that such Loss resulted from an Indemnitee’s sole negligence or intentional acts, or to the extent GRANTOR’S staff and GRANTEE mutually in writing agree that GRANTEE is not obligated. The requirements of this section shall be subject to the provisions of Minn. Stat. § 466.04, as such shall be amended or modified, from time to time. GRANTOR’S staff will give GRANTEE reasonable notice of any Loss. In indemnifying or defending an Indemnitee, GRANTEE must use counsel reasonably acceptable to GRANTOR’S staff. GRANTOR’S staff, at its option and at GRANTOR’s expense, has the right to select its own counsel, or to approve joint counsel, as appropriate, and any experts for the defense. GRANTEE, at its expense, must provide GRANTOR with all electronic or physical data and give access to any persons reasonably necessary to investigate and defend. The provisions of this section survive termination of this Agreement. The furnishing of the required insurance does not limit GRANTOR’S obligations under this section. As a distinct and separate indemnification obligation, GRANTEE agrees to indemnify, save harmless, and defend Indemnitees from any Loss arising out of GRANTEE’S failure or alleged failure to procure and to keep in force the insurance required in this section. This indemnification is intended for the indemnified parties and their legal representatives. The provided indemnification is not intended to relieve a primary insurer of its coverage obligations. 6. Environmental Responsibilities Page 4 of 3 (a) GRANTEE shall be responsible for and shall indemnify, defend and hold harmless GRANTOR against any environmental costs associated with GRANTOR’s property, which arise out of or were caused by GRANTEE’s or GRANTEE’s contractors’ exercise of its rights and performance of its obligations under this Agreement or the Easement, including but not limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees. GRANTEE’s grant of indemnity contained within this Section shall survive the termination of this Agreement. (b) GRANTEE shall be responsible for removal or disposal required by federal, state, or local law of any hazardous materials encountered on the Easement property as a result of GRANTEE’s activities herein. 7. Conditions of FAA Approval [Complete after FAA approval is received.] 8. Miscellaneous (a) This Agreement embodies the entire agreement and understanding of the parties regarding the subject matter of this Agreement and all prior agreements, representations, statements, and understandings, oral and written, are hereby merged herein. This Agreement may not be altered, amended, modified, or supplemented except in a writing executed by the parties. No term of this Agreement shall be waived unless done so in writing by the party against which such waiver is asserted. (b) Nothing in this Agreement shall be construed to exempt GRANTEE from, or limit GRANTEE’S compliance with, applicable law, including applicable law adopted, issued, promulgated, or otherwise put in force by GRANTOR and the FAA. (c) GRANTEE agrees that GRANTOR’S rights under this Agreement shall in no way be impaired, reduced, or restricted by reason of the GRANTOR’S delay or omission in enforcing any term of this Agreement. (d) Except as otherwise specifically provided in this Agreement, no rights, privileges, or immunities of either GRANTOR or GRANTEE under this Agreement shall inure to the benefit of any third-party, nor shall any third-party be deemed to be a beneficiary of any of the provisions contained in this Agreement. Page 5 of 3 GRANTOR Metropolitan Airports Commission By: [NOT TO BE SIGNED] Its: STATE OF ________ _______ ) ) SS COUNTY OF ________ _______ ) The foregoing instrument was acknowledged before me this day of , 2023, by , the of Metropolitan Airports Commission, a Minnesota Public Corporation, Grant/s. (Seal) Notary Public Page 6 of 3 GRANTEE City of Eden Prairie By: [NOT TO BE SIGNED] Ronald A. Case, Mayor By: [NOT TO BE SIGNED] Rick Getschow, City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. (Seal) Notary Public Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: #20827 Approve Professional Services Agreement with Stantec Consulting Services Inc. for Pond 07-24-B Weir Design ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Services Agreement with Stantec Consulting Services Inc. for Engineering Services for the 07-24-B Weir Design in the amount of $67,950. Synopsis The proposal from Stantec provides for design, permitting, bidding, and construction administration services for a permanent replacement weir for Pond 07-24-B. The cost of weir design and construction work will be paid out of the stormwater utility fund. Background Information Pond 07-24-B is a natural historic wetland located east of Dell Road and near Tartan Curve and Ticonderoga Trail. The timber weir that set its normal water level had been in place since the 1980s, shortly after the adjacent Hidden Ponds Second Addition was developed. It had fallen into a state of severe disrepair and was removed following a large rainstorm in 2020; a temporary weir was subsequently installed. The pond has since been dredged to remove accumulated sediment. Due to the fact the original weir impounded water in the wetland for several decades, the weir height effectively had set the type and function of the wetland. A permanent weir will last longer than the original timber weir and present less maintenance issues while maintaining the historic wetland characteristics. Financial Implications The Professional Services Agreement with Stantec has an estimated cost of $67,950. All costs are to be covered by Capital Stormwater funds. Attachments Professional Services Agreement Exhibit A – Letter Proposal 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the _21st_ day of February, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec (“Consultant”), a Minnesota Corporation (hereinafter “Consultant”) whose business address is 1 Carlson Parkway, Suite 100, Plymouth, MN 55447. 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 IC# 20827 Pond 07-24-B Weir hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal Dated January 31, 2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from February 21, 2023 through July 15, 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 $67,950.00 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, pandemics, 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 Page 2 of 10 2021 04 22 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 Exhibit A performed prior to receipt of written notice from the City of such suspension. Page 3 of 10 2021 04 22 c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty Page 4 of 10 2021 04 22 due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence Page 5 of 10 2021 04 22 $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage Page 6 of 10 2021 04 22 resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 7 of 10 2021 04 22 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediat ion shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City Page 8 of 10 2021 04 22 of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 9 of 10 2021 04 22 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 10 2021 04 22 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Its: Stantec Consulting Services Inc. 7500 Olson Memorial Highway, #300, Golden Valley, MN 55427 January 31, 2023 File: 947115 Patrick Sejkora, P.E., CFM, Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Patrick, Reference: EP - 07-24-B Permanent Weir Replacement Design and Construction Related Services Thank you for the opportunity to provide you with this proposal to provide construction documents to replace the existing timber weir outlet of pond 07-24-B, with a more permanent structure. The outlet has had a long history of neighborhood modification to control water level without authorization from the City. The City has previously conducted a dredging project on this pond in winter of 2021-22, with assistance from Stantec, to remove the excess sediment that had accumulated in the basin over the years, returning it back to the depth of refusal. The weir replacement project was not completed with the dredging project because of the additional permit and modeling effort required to determine the extents of the upstream and downstream impacts from the weir replacement. Stantec will work with the City of Eden Prairie to develop construction plans, specifications, and opinions of probable cost for the weir replacement; work in conjunction with the City to apply and obtain the necessary permits; assist in the public bidding process; provide construction administration/inspection; and conduct as-built surveys. Scope of Work The scope of work identifies the following tasks necessary for a successful project: • Task 1: Pre-Construction – Design, Specifications, and Permitting • Task 2: Contractor Bidding Assistance • Task 3: Construction Administration • Task 4 (Optional): Construction Observation/Oversight • Task 5: As-Built Survey, Prepare Record Drawings, and Final Walk Throughs • Task 6: Project Management and Meetings Construction oversight is an optional task. The construction oversight task includes limited field observation over the duration of the weir replacement project. Task 1: Pre-Construction – Design, Specifications, and Permitting Task 1a: Plan Set Development Stantec will research concrete and/or sheet pile alternatives for a cost-effective and durable weir design to permanently replace the existing timber weir outlet of Pond 07-24-B. Coordination will be made with the City to ensure that stakeholder comments are considered with the weir shape and material selection during design. Analysis will be provided to determine the appropriate material and weir design. A construction plan set will be prepared for the site for a sheet pile weir. The construction plan set shall include: Cover Sheet, General Notes, Legend, Existing Conditions/Removals, Grading and Erosion Control Plan, Details, Dewatering Plan, and Traffic Control (if needed). Some items may be combined to reduce the number of sheets. Stantec will send concept plans at 60% and a plan set to the City at 60% completion for review and comments, and 100% completion for final concerns and questions prior to going out to bid. Stantec assumes we will conduct two total iterations of plan edits based on the comments received during the 60% and 100% design submittals. Task 1b: Specifications Project specifications will be developed in accordance with MnDOT and City standards to the extent practicable. The draft specifications will be sent to City staff for review and comment. Stantec will conduct one round of specification revisions based on the comments received. Stantec will provide the City with preliminary (60-90%) and final opinion of probable construction cost (OPCC). Task 1c: Hydraulic Modeling Stantec anticipates modeling is required to permit the permanent weir replacement. Permitting will require completion of a no-rise analysis to meet RPBCWD requirements for floodplain and waterbody crossings and structures. Stantec will update the existing District modeling to create a corrected effective model as the current modeling does not reflect actual conditions of the current weir. This model will be used as the baseline for existing conditions for which to compare the proposed weir options for no-rise. Task 1d: Permitting The proposed weir replacement project will likely require permits from the Riley Purgatory Bluff Creek Watershed District (RPBCWD), US Army Corps of Engineers (USACE), and the Minnesota Department of Natural Resources (MNDNR). Stantec will complete applications, submit, and track the necessary permits for this project. Stantec will attend two (2) meetings with the City and RPBCWD staff to discuss the project scope and permitting requirements. The tentative meetings include –concept buyoff prior to submittal, and one to discuss any permitting conditions. By meeting early in the project, we hope that City, RPBCWD and Stantec staff will all have a clear understanding of permit requirements and submittals for an efficient review process. At this time, Stantec believes the following RPBCWD rules apply to the project: 1. Flood Plain (Rule B) 2. Erosion and Sediment Control (Rule C) 3. Wetland and Creek Buffers (Rule D) 4. Waterbody Crossings and Structures (G) The proposed work may require a Minnesota Joint Application Form for the US Army Corps of Engineers and to comply with the Wetland Conservation Act. Stantec will work with the City to complete, submit, and track the Joint Permit Applications. If dewatering is required, Stantec will prepare a partially completed dewatering permit. The permit can be drafted through the MPARS permit application site. Stantec will assume drafting language for dewatering permit is required. The final dewatering permit will be submitted by the contractor. Reporting of pumping rates and volumes will be the responsibility of the contractor. Table 2 provides a snapshot of the permitting effort for pond 07-24-B. Table 2 also includes the approximate capacity of the pond expressed in gallons and the necessary dewatering volume for the dewatering permits. However, because of the weir location coffer dams will likely reduce the effective volume of water needed to expose drawdown water in the outlet channel. Stantec assumes the permitting process will involve one submission to RPBCWD and USACE, followed by one iteration of revisions. For the USACE permitting, Stantec anticipates a non-jurisdictional determination, which requires minimal permitting. If the pond is deemed jurisdictional wetlands, additional iterations and field data collection may be required. This scope of work does not account for jurisdictional wetland permitting and would require a change in scope and budget. Additional iterations in RPBCWD of permitting may result in a change order. The Contractor will be responsible for obtaining other necessary permits prior to construction, which may include: City grading permits, road permits, etc. Table 2 – Permitting Requirements Pond ID Estimated volume of water below outlet (gallons)2 Approximate volume for Dewatering Permit (Millions of Gallons per Year) RPBCWD USACE JPA MNDNR Public Waters MNDNR Dewatering 07-23-B 3,443,800 4 X X X Task 2: Contractor Request for Quote Assistance Stantec assumes bids will be requested using a request for quote process. The budget for this project is assumed to be below the $175,000 threshold for public bidding and is assumed that a limited request for quotes will be sent to experience contractors. The following tasks will be assumed for the request for quote process: • Create request for quote documents using MnDOT and City standard specifications. • Notify potential Contractors after pre-selection with City. • Answer quote questions during the open window. • Tabulate quotes from contractor. • Draft quote recommendation memo to City staff. Task 3: Construction Administration Stantec assumes the responsibility of construction administration. The construction administration will include: • Coordinate and lead a preconstruction meeting. • Contractor submittal reviews: dewatering plan, erosion control and access, tree removal, certificate of insurance. • Issue a notice to proceed. • Stake construction limits. Construction staking will include two visits to the pond: initial staking and verification of elevations/as-builts. • Meetings with the contractor to discuss progress: 1-3 meetings conducted virtually or over the phone. • Process up to two pay requests. • Process up to two change orders (total). • Create and distribute certificate of substantial completion. • Substantial completion walkthrough (90%) with the Contractor, City, and Stantec Engineer • Notify the City of any construction issues. Task 4: Construction Observation Stantec will provide field construction observation for the duration of the project, at the City’s request. Currently, we anticipate construction observation to take place for no more than 4 hours per day for a 1- week time period. Below are the identified tasks for construction observation. • Observe construction activities − 5 days (4 hours of construction observation each day) • Document construction progress through PlanGrid • Take pictures of construction progress Task 5: As-Built Survey, Prepare Record Drawings, and Final Walk Throughs Stantec will assist in the development of as-built record drawings upon completion of the weir replacement. Additionally, Stantec will complete final walk throughs with the Contractor and City. Task 5 includes: • Survey final grades and weir top of structure with GPS. • Plot final grades on design plans to create a record drawing. • Complete check list with contractor in advance of the final walk through and attend the final walk through. • Deliver the record drawings to City electronically. Task 6: Project Management and Meetings Stantec staff will be available for meetings with the City on an as-needed basis. Stantec and the City will hold a Project Kick-off meeting following acceptance of the proposal by the City. Stantec will also schedule meetings with the City at key milestones in the project. Schedule and Cost Stantec anticipates the project will start after a signed contract following the next appropriate City Council meeting. After receiving a signed agreement, Stantec will hold a project kickoff and task setting meeting with the City. Table 3 identifies the general project tasks and the proposed timing of the tasks, assuming a signed agreement is received by February 10th. Stantec will perform the scope of work outlined above on a time and materials basis not to exceed $61,150, or $67,950 if construction observation is authorized (Task 4). Stantec will not exceed the amount in this contract without written consent from the City. In the event of out-of-scope work or additional requests from the City, Stantec will work with the City to develop a change in scope and additional budget needed to complete the task(s). Table 3 outlines the expected labor costs, reimbursable expenses, and equipment that will be utilized for this project. Table 3 – Proposed Cost and Task Schedule Top Task Top Task Name Task # Task Name Start Date End Date Labor Expenses* Task Total 1 Pre-Construction: Design Plans, Specifications, and Permitting Assistance 1a Analysis and design plans 02/13/2023 7/1/2023 $ 18,800 $ 50 $ 18,850 1b Specifications 02/13/2023 7/1/2023 $ 6,500 $ - $ 6,500 1c Modeling 02/13/2023 7/1/2023 $5,300 $ - $5,300 1d Permitting 1/1/2023 10/1/2023 $ 7,100 $ - $ 7,100 2 Construction Bidding Assistance 2 Construction Bidding Assistance 9/1/2023 11/25/2023 $ 3,000 $ - $ 3,000 3 Construction Administration 3 Construction Administration 11/25/2023 6/15/2024 $ 6,300 $ 100 $6,400 4 Construction Observation (Optional) 4 Construction Observation 11/25/2023 6/15/2024 $ 6,500 $ 300 $ 6,800 5 As-Built Survey, Record Drawing, Final Walk Through 5 As-Built Survey, Record Drawing, Final Walk Through 2/15/2023 7/1/2024 $ 6,200 $ 100 $ 6,300 6 Project Management and Meetings 6 Project Management and Meetings 02/13/2023 7/15/2024 $ 7,700 $ - $ 7,700 Total $67,950 *Expenses includes vehicle mileage, GPS rental, and boat usage. Vehicle mileage is included in Tasks 1, 2, 3, 4, and 5. Thank You! Stantec appreciates the opportunity to present this proposal for the 07-24-B Permanent Weir Replacement Project to the City of Eden Prairie. Should you have any questions on the items presented this proposal or require any modifications please don’t hesitate to call, or email. We look forward to assisting you with this project. Regards, STANTEC CONSULTING SERVICES INC. Joshua Accola PE, CFM Project Manager/Engineer 952-334-1418 Joshua.Accola@stantec.com Chris Meehan Senior Principal, Water Resources Engineer 763-353-6844 Christopher.Meehan@stantec.com CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 21, 2023 DEPARTMENT / DIVISION: Patrick Sejkora Public Works/ Engineering ITEM DESCRIPTION: I.C. 23811 Approve Professional Services Agreement with SRF Consulting Group, Inc. for the Rainbow Drive Culvert Replacement ITEM NO.: VIII.I. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for the Rainbow Drive Culvert Replacement in the amount of $75,800.00. Synopsis This Professional Services Agreement will provide design, permitting and bidding services to replace the existing culvert crossing Rainbow Drive, which carries Purgatory Creek. Background The existing corrugated metal culvert under Rainbow Drive is deteriorated to the point of requiring replacement. The culvert carries Purgatory Creek under the roadway and is large enough to meet MnDOT bridge criteria. The work on this project will find a replacement culvert design for installation ahead of the Pavement Management Program scheduled for the area in 2025. Additionally, the project will look to rectify longstanding drainage issues in vicinity of the culvert. The anticipated schedule for the work is fall 2023. Financial Implications The project will be funded utilizing the Storm Water Utility fund. Attachment Professional Services Agreement Exhibit A – Letter Proposal 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 21st day of February, 2023, 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 Rainbow Drive Culvert Replacement 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 February 14, 2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from February 21, 2023 through October 31, 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 $75,800.00 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 Rainbow Drive Culvert Replacement 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 se rvices set forth on Rainbow Drive Culvert Replacement 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 fail s 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 m onth. The Rainbow Drive Culvert Replacement Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Rainbow Drive Culvert Replacement 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 Rainbow Drive Culvert Replacement Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Rainbow Drive Culvert Replacement 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 Rainbow Drive Culvert Replacement Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Rainbow Drive Culvert Replacement 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 Rainbow Drive Culvert Replacement Page 10 of 10 2021 04 22 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor __________________________ ___ _____ City Manager CONSULTANT _______________________________________ By: Its: www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer SRF No. 16468.PP February 14, 2023 Patrick Sejkora, PE, CFM Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Proposal for Professional Services for Rainbow Drive Culvert Replacement Eden Prairie, MN Dear Patrick Sejkora: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to pro- vide professional services for the replacement of the Rainbow Drive culvert at Purgatory Creek. Scope of Services We propose to carry out the work (“Scope of Services”), set forth in Attachment A, attached hereto and incorporated into this Agreement. Assumptions Assumptions are outlined in the Scope of Services. Schedule We will complete this work within a mutually agreed-upon time schedule. Our current understanding of the desired schedule is to complete work in 2023 as follows: · Mid-February thru mid-June – Final Design · March – April: Initial coordination with permit agencies and submittal of permit applications · Eary July – Advertise · Mid-August – Bid Opening · Mid-September – Construction starts · Mid-October – Construction completed Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Patrick Sejkora, PE February 14, 2023 City of Eden Prairie Page 2 Based on our understanding of the project and our scope of services, we estimate the cost of our ser- vices to be $75,800.00, which includes both time and expenses. Changes in Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Be- fore any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Acceptance/Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this pro- posal and our notice to proceed. The email address is eroerish@srfconsulting.com. We appreciate your consideration of this proposal and look forward to working with you on this pro- ject. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Eric D. Roerish, PE Project Director – Water Resources SNW/EDR Attachments: Attachment A, Scope of Services This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost es- timate after 90 days from the date of this proposal. S:\Marketing\Proposals\2023 Letter Proposals\16468.PP Rainbow Drive in Eden Prairie\16468_RainbowDriveLetterProposal_02142023.docx 2/14/2023 Page 1 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.SUMMARY OF TASKS Project Overview: 1.0 Project Management 2.0 Survey Collection 3.0 Hydraulic Analysis 4.0 Plan Preparation 5.0 Box Culvert Design 6.0 Bidding Services 7.0 Level 2 Wetland Delineation and WCA/USACE Joint Permit Application Project includes replacement of the culvert under Rainbow Drive at Purgatory Creek near Eden Prairie Road/Hwy 4 and Rainbow Drive. Services provide in this scope include hydraulic analysis, survey, geotech boring, wetland survey, and permitting, SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 2 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 1.0 Project Management Assumptions: - Biweekly update emails to City of Eden Prairie PM (8 weeks). - Two virtual Zoom meetings; one kickoff and one discussion of alternatives. Client Deliverables: 1.1 General Project Management 4 - - 4 - - - - 2 10 $1,578.00 1.2 Meetings and Coordination 1 - - 4 2 - - - - 7 $1,049.00 SRF Deliverables: - Project update emails - Meeting documentation SUBTOTAL - TASK 1 5 0 0 8 2 0 0 0 2 17 $2,627.00 2.0 Survey Collection Assumptions: - One day for a two-man survey crew. Client Deliverables: - ROW access as needed 2.1 Survey Collection - - - 20 - - - - - 20 $2,920.00 2.2 Survey Processing - - 3 - - - - - - 3 $570.00 SRF Deliverables: - Survey file for hydraulic modeling and plan preparation SUBTOTAL - TASK 2 0 0 3 20 0 0 0 0 0 23 $3,490.00 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 3 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 3.0 Hydraulic Analysis Assumptions: - Three (3) proposed alternatives will be analyzed. - A No-Rise certification is assumed and the FEMA MT-2 LOMR/CLOMR process not required. - PCSWMM model required for design by RPBCWD - FEMA MT-2 Modeling process and sequencing will be followed. - PCSWMM model represents existing conditions and requires only minor updates to create the Corrected Effective model. - Level of service coordination will investigate whether the culvert or roadway design can be modified to limit overtopping/flooding events without significantly increasing the scope of the project. - Construction will be completed with a full closure of the roadway. - Construction administration, if wanted, will be addressed an a subsequent amendment. -Permit coordination and submittals include RPBCWD, City of Eden Prairie, DNR. Coordination will entail up to 3 meetings with RPBCWD and DNR, and coordination with City. - Fish passage and floodplain connectivity will be explored with RPBCWD and DNR. Additional alternative analysis may be required if a fish passage is requested/required that are not included in this scope. Roadway drainage above culvert will be handled with City-standard curb extending the width of excavation and catch basins with curb boxes. Assume two catch basins per side connected either directly to the top of the proposed creek culvert or alongside and discharging in parallel with the creek culvert. Final design configuration will balance City preference, cost, and constructability. - Project will not trigger NPDES permit - Permit fees will be paid by the City directly Client Deliverables: - Anticipated future road section to properly size the proposed hydraulic structure - Input of final design goals - Any applicable review and/or permit fees. 3.1 Data Collection and Review - - - 2 2 - - - - 4 $546.00 3.2 Corrected Effective Modeling 1 - - 2 6 - - - - 9 $1,265.00 3.3 Fish/wildlife passage and floodplain connectivity coordination with RPBCWD and DNR 1 1 - 2 - - - - - 4 $697.00 3.4 Level of Service Coordination (required flood protection)1 - - 2 - - - - - 3 $503.00 3.5 Proposed Modeling 2 - - 8 20 - - - - 30 $4,130.00 3.6 Reporting, Risk Assessment, No-Rise Certification - - - 2 6 - - - - 8 $1,054.00 3.7 Local drainage/storm sewer hydrology and hydraulic design - - - 2 8 - - - - 10 $1,308.00 3.8 RPBCWD Permitting: Rules B, C, D, and G. Two (2) pre-submittal meetings with RPBCWD staff regarding permit requirements and one (1) follow up on submittal, development of permit application and supporting materials. - 4 - 8 8 - - - - 20 $2,960.00 3.9 DNR MPARS Permitting - pre-submittal coordination with DNR and development of permit application and supporting materials - 4 - 2 4 - - - - 10 $1,576.00 SRF Deliverables: - Hydraulic report, risk assessment, no-rise certification - RPBCWD, DNR MPARS SUBTOTAL - TASK 3 5 9 0 30 54 0 0 0 0 98 $14,039.00 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 4 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 4.0 Plan Preparation Assumptions: - Brief plan set will include title sheet, SEQ, removals, erosion control/SWPPP, details, culvert plan and profile, traffic control, site restoration. - Local funding and no special plan set requirements - Assume plan set is 15 pages. Client Deliverables: - Milestone review 4.1 GSO Coordination - - - 4 - - 2 - - 6 $824.00 4.2 60% Plan, Specifications, and Estimate - 2 - 4 40 - 14 - - 60 $7,732.00 4.3 60% Comment Resolution 1 - - 2 4 - - - - 7 $1,011.00 4.4 95% Plan, Specifications, and Estimate 1 2 - 4 20 - 12 - - 39 $5,163.00 4.6 Final signed 100% bid package - - - 4 4 - - - - 8 $1,092.00 SRF Deliverables: - PS&E SUBTOTAL - TASK 4 2 4 0 18 68 0 28 0 0 120 $15,822.00 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 5 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 5.0 Box Culvert Design Assumptions: - Replace City bridge L9233 w/ a single cell MnDOT Standard precast concrete box culvert and end sections. - assume will be a new bridge w/ precast box culvert > or = to 10', - Geotechnical Report/FADR: will be provided by others (see Subconsultant). - Hydraulic report & Risk Assessment: Will be provided and completed in other tasks (See Task 3). - Survey: Will be provided and completed in other tasks (See Task 2). - Assume new structure will be MnDOT Standard precast concrete box culvert barrels with 2 precast end sections. - At = or > 10-foot span is assumed and SRF will request a new bridge number be assigned by MnDOT. - No CIP concrete headwalls required. - No pile supported foundation is required. - End sections can be placed outside the roadway clear zone or will have guardrail protection (see roadway plans). - Fence / maintenance fall protection is required around end section(s) - Utilities will be relocated as not to conflict with proposed structure. - Additional temp. & permanent ROW will be acquired by the City if req'd - Single cell box culvert structure using MnDOT standard precast box culvert details does not require review or signature by the MnDOT Bridge Office. Client Deliverables: - As built plans for Rainbow Drive & BR No. L9233, if available. - Timely submittal reviews. 5.1 Preliminary Bridge Plans - Assumes 1 preliminary bridge plan for review by County - No MnDOT Bridge Office review required - Assumes 1 round of comments and responses prior to final design - 2 - 4 - 12 - - - 18 $2,388.00 5.2 Preliminary Bridge Estimate - 2 4 - - - - - - 6 $1,148.00 5.3 90% Bridge Plans - Reviews by City and MnDOT State Aid (if req'd) - No MnDOT Bridge Office review required - Assumes 1 round of comments and responses - 1 2 4 - 8 - - - 15 $2,102.00 5.4 Final Bridge Plans - Certified plans for bid package - 1 2 4 - 4 - - - 11 $1,630.00 5.5 Bridge Load Rating - No rating calculations required for Standard MnDOT Box Culverts - Form 90-CL - - - - - - - - - 0 $0.00 5.6 Final Bridge Estimates - 90% and final cost estimates 1 1 2 4 4 - - - - 12 $1,877.00 5.7 Bridge Special Provisions (Division SB) - Submitted with 90% and final submittal packages 1 4 12 - - - - - - 17 $3,267.00 SRF Deliverables: - Plans: Prelim, 90% & Final - Cost Estimates: Preliminary, 90% & Final - Special Provisions Division SB: 90% & Final - Load Rating: BR No. 07J27, From 90-CL SUBTOTAL - TASK 5 2 11 22 16 4 24 0 0 0 79 $12,412.00 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 6 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 6.0 Bidding Services Assumptions: - Advertise on QuestCDN and one local newspaper. - Online bid opening. - City provides standard front end specifications. Client Deliverables: 6.1 Advertise - 2 - 4 4 - - - - 10 $1,480.00 6.2 Resolve bidder questions - - - 4 8 - - - - 12 $1,600.00 6.3 Bid opening and recommendation to City - 1 - 1 2 - - - - 4 $594.00 SRF Deliverables: SUBTOTAL - TASK 6 0 3 0 9 14 0 0 0 0 26 $3,674.00 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 7 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE 7.0 Level 2 Wetland Delineation and WCA/USACE Joint Permit Application Assumptions: - The City of Eden Prairie is the Minnesota Wetland Conservation Act (WCA) Local Government Unit (LGU) for the project area. -Level 2 Field Delineation to be completed during the 2023 growing season as defined by the Corps of Engineers Wetland Delineation Manual. - Client will provide access permissions for any private properties within the review area. - Level 2 Delineation to be completed during one mobilization by two SRF staff in accordance with the 1987 Corps of Engineers Wetland Delineation Manual, the Midwest Regional Supplement to the Corps of Engineers Wetland Delineation Manual, regulatory guidance, and WCA standards. - Fieldwork will be completed in accordance with SRF safety standards. - Wetland boundaries will be recorded using a GNSS receiver; no flagging will be placed around mapped boundaries. -Results of the Level 2 Delineation will be summarized in a Wetland Delineation Report. - Client will provide review of the Wetland Delineation Report prior to submittal to the WCA LGU and the U.S. Army Corps of Engineers (USACE). - One onsite Technical Evaluation Panel (TEP) meeting will be held. - The proposed project will result in permanent impacts to wetlands. -Permanent wetland impacts that are the result of improvements to meet safety and/or design standards will be mitigated through the Local Government Road Wetland Replacement Program (LGRWRP). -Permanent wetland impacts that are not eligible for the LGRWRP will be mitigated through the purchase of wetland credits from a private mitigation bank. - If private mitigation bank credits will be needed, SRF will assist the Client with locating adequate wetland replacement credits and obtaining a Purchase Agreement to be included with the WCA/USACE Joint Permit Application for proposed wetland impacts. - If deemed necessary, one pre-permitting meeting with wetland regulatory agencies will be held. -If wetland replacement credits are required, the Client will complete the wetland credit purchase prior to project construction. Client Deliverables: - Any applicable review and/or permit fees. - Input regarding wetland delineation review area. - Access permission for private properties, if required. - Review and comment on the Wetland Delineation Report. - Provide approval of the Wetland Delineation Report (sign form). - Review and comment on the WCA/USACE Joint Permit Application. - Provide approval of the WCA/USACE Joint Permit Application (sign form). - If necessary, sign a wetland credit Purchase Agreement for inclusion with the WCA/USACE Joint Application Form and purchase wetland credits once permits/approvals are issued. 7.1 Level 2 Field Wetland Delineation - 4 - 28 32 - - - - 64 $8,928.00 - Create maps depicting hydric soils data, National Wetlands Inventory (NWI) data, MN Dept. of Natural Resources (DNR) Public Water Inventory (PWI) data, parcel data, contour data, and project area. - Prepare wetland determination data forms, to be used to record soil transect data. - Complete a wetland delineation for the project area. Wetland delineations will be completed per the 1987 USACE Wetland Delineation Manual and Midwest Regional Supplement, regulatory guidance, and WCA standards. - Record a minimum of one sampling transect per delineated wetland providing at least one wetland plot and one upland plot. Data collection to include vegetation, soils, and hydrologic indicators. SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 8 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE - Photograph each delineated wetland. - Record wetland boundaries and locations of sampling plots and photographs with a sub- meter accurate GNSS receiver. - Upload and post-process GNSS data. Convert and export shapefiles to CAD as necessary. 7.1.1 Wetland Delineation Report - Complete a wetland delineation report per USACE and WCA standards. Delineation report to include the following sections: • Cover/Title Page • Background/Introduction • Methods of Determination • Wetland Results/Findings • Conclusions/Recommendations • Additional Information (References Cited) • Wetland Determination Data Forms • Maps Depicting Delineated Wetland Boundaries • Photographs of Each Sampling Transect • Antecedent Precipitation Data - Complete WCA/USACE Wetland Boundary and Type application, including supporting information for incidental/non-jurisdictional review of possible artificially created and/or isolated wetlands. - Prepare draft wetland delineation report for Client review. - Revise wetland delineation report per Client comments (if necessary). - Revise wetland delineation report per TEP comments (if necessary). 7.1.2 Coordination with WCA LGU, USACE, and TEP - Submit wetland delineation report and signed WCA/USACE Wetland Boundary and Type application to WCA LGU and USACE. Assumes the WCA LGU will distribute the memorandum to members of the TEP. - Attend TEP meeting in support of boundary/type application approval. Assumes attendance of one TEP meeting (if necessary). 7.2 Prepare WCA/USACE Joint Permit Application - 8 - 40 - - - - - 48 $7,392.00 7.2.1 WCA/USACE Joint Application Form - Complete the relevant portions of the Joint Application Form, including the following: • Prepare a figure showing wetland impacts, including aerial background, wetland name, impact type (temporary or permanent), wetland type (Eggers & Reed), and area of impact. • Prepare one cross section at each impacted wetland that shows the delineated wetland boundary and location of cut / fill. • Describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources. • Prepare wetland impact table. • Discuss any exemptions or no-loss provisions for which the project qualifies; explain why proposed temporary and No-Loss of Function impacts do not require mitigation. • Describe all on-site measures considered to avoid impacts to aquatic resources and at least two project alternatives that avoid all impacts to aquatic resources on the site. • Describe all features of the proposed project that have been modified to minimize the impacts to water resources. - Revise Joint Application Form per Client comments. 7.2.2 Locate Suitable Wetland Mitigation SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 9 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE -Review list of wetland mitigation banks with adequate wetland credits available for purchase in accordance with WCA and Section 404 of the Clean Water Act. - Select the mitigation bank that best meets the needs of the project and determine availability and cost of credits. Work with the WCA LGU and USACE if needed. - Assist the Client with obtaining a Purchase Agreement to reserve wetland credits. The signed Purchase Agreement will be attached to the Joint Permit Application. - Prepare a draft Transaction Form to Withdraw Credits, to be used during the wetland credit purchase. 7.2.3 WCA/USACE Permit Coordination - Respond to questions from WCA LGU and/or USACE. -Meet with regulatory agencies via phone/internet (if needed). - Revise Joint Application Form per WCA LGU and/or USACE comments. 7.2.4 Internal QC Review and Checks of Deliverables SRF Deliverables: -Wetland delineation report and WCA/USACE Joint Application Form for Wetland Boundary & Type (electronic pdf copy) -Wetland boundary file in CAD or GIS format -WCA/USACE Joint Permit Application (electronic pdf copy). - Draft wetland credit Purchase Agreement(s) and Withdrawal Transaction Form(s) if needed. SUBTOTAL - TASK 7 0 12 0 68 32 0 0 0 0 112 $16,320.00 TOTAL ESTIMATED PERSON-HOURS 14 39 25 169 174 24 28 0 2 475 AVERAGE HOURLY BILLING RATE $211.00 $194.00 $190.00 $146.00 $127.00 $118.00 $120.00 $128.00 $75.00 ESTIMATED LABOR AND OVERHEAD $2,954.00 $7,566.00 $4,750.00 $24,674.00 $22,098.00 $2,832.00 $3,360.00 $0.00 $150.00 $68,384.00 SRF ESTIMATED DIRECT NON-SALARY EXPENSES $56.00 $68,440.00 $7,360.00 TOTAL ESTIMATED FEE (SRF and Subconsultants combined)$75,800.00 SUBTOTAL: (SRF Labor and Expenses) SUBCONSULTANTS: SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 10 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE SRF ESTIMATE OF DIRECT NON-SALARY EXPENSES: MILEAGE:Personal Vehicles 80 Miles @ $0.655 $52.40 MEALS:0 Meals @ $11.00 $0.00 LODGING:Hotel 0 Nights @ $100.00 $0.00 REPRODUCTION:Copy Duplication 0 Copies @ $0.10 $0.00 Color Copies 0 Copies @ $0.35 $0.00 Bond Prints 0 Prints @ $6.00 $0.00 Mylar Prints 0 Prints @ $12.00 $0.00 COURTHOUSE COPIES:0 Copies @ $1.00 $0.00 PRINTING:$0.00 SUPPLIES:$3.60 COMMUNICATIONS:Mail, Express, Etc.$0.00 Cell Phone Charges 0 Minutes @ $0.30 $0.00 SRF EXPENSES:$56.00 SUBCONSULTANTS: Braun Intertec $7,360.00 SUBCONSULTANTS:$7,360.00 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN 2/14/2023 Page 11 of 11 SRF Consulting Group, Inc.Attachment A - Scope of Services Client: City of Eden Prairie Work Tasks and Person-Hour Estimates Project: Rainbow Drive Culvert Replacement Subconsultants:Braun Intertec 16468.PP TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS EST. FEE SUMMARY OF COSTS:PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS 1 Project Management 1,055.00$ -$ -$ 1,168.00$ 254.00$ -$ -$ -$ 150.00$ $2,627.00 2 Survey Collection -$ -$ 570.00$ 2,920.00$ -$ -$ -$ -$ -$ $3,490.00 3 Hydraulic Analysis 1,055.00$ 1,746.00$ -$ 4,380.00$ 6,858.00$ -$ -$ -$ -$ $14,039.00 4 Plan Preparation 422.00$ 776.00$ -$ 2,628.00$ 8,636.00$ -$ 3,360.00$ -$ -$ $15,822.00 5 Box Culvert Design 422.00$ 2,134.00$ 4,180.00$ 2,336.00$ 508.00$ 2,832.00$ -$ -$ -$ $12,412.00 6 Bidding Services -$ 582.00$ -$ 1,314.00$ 1,778.00$ -$ -$ -$ -$ $3,674.00 7 Level 2 Wetland Delineation and WCA/USACE Joint Permit Application -$ 2,328.00$ -$ 9,928.00$ 4,064.00$ -$ -$ -$ -$ $16,320.00 TOTALS $2,954.00 $7,566.00 $4,750.00 $24,674.00 $22,098.00 $2,832.00 $3,360.00 $0.00 $150.00 $68,384.00 SUMMARY OF HOURS:PROF. VIII-VII PROF. VI PROF. V PROF. IV PROF. III PROF. II PROF. I TECH.SUPPORT TOTALS 1 Project Management 5 - - 8 2 - - - 2 17 2 Survey Collection - - 3 20 - - - - - 23 3 Hydraulic Analysis 5 9 - 30 54 - - - - 98 4 Plan Preparation 2 4 - 18 68 - 28 - - 120 5 Box Culvert Design 2 11 22 16 4 24 - - - 79 6 Bidding Services - 3 - 9 14 - - - - 26 7 Level 2 Wetland Delineation and WCA/USACE Joint Permit Application - 12 - 68 32 - - - - 112 TOTALS 14 39 25 169 174 24 28 0 2 475 SRF CONSULTING GROUP, INC. 16468_RainbowDriveScope.xlsx MINNEAPOLIS. MN CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: February 21, 2023 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 298071 - 298452 Wire Transfers 1032753 - 1032871 Wire Transfers 9299 - 9347 City of Eden Prairie Council Check Summary 2/21/2023 Division Amount Division Amount 100 City Manager 1,968 601 Prairie Village Liquor 94,990 101 Legislative 57,747 602 Den Road Liquor 183,519 110 City Clerk 111 603 Prairie View Liquor 117,844 111 Customer Service 589 605 Den Road Building 5,601 113 Communications 16,456 701 Water Enterprise Fund 1,177,075 114 Benefits & Training 8,439 702 Wastewater Enterprise Fund 85,004 131 Finance 918 703 Stormwater Enterprise Fund 15,340 136 Public Safety Communications 2,653 Total Enterprise Fund 1,679,372 138 Community Development Admin.600 151 Park Maintenance 29,440 802 494 Commuter Services 18,370 154 Community Center 16,925 806 SAC Agency Fund 4,970 156 Youth Programs 76 807 Benefits Fund 955,495 158 Senior Center 167 810 Workers Comp Insurance 100 159 Recreation Administration 2,856 811 Property Insurance 141,878 162 Arts 2,709 812 Fleet Internal Service 76,690 163 Outdoor Center 148 813 IT Internal Service 34,548 168 Arts Center 1,599 814 Facilities Capital ISF 2,699 180 Police Sworn 39,394 815 Facilites Operating ISF 40,900 184 Fire 16,202 816 Facilites City Center ISF 70,334 186 Inspections 4,150 817 Facilites Comm. Center ISF 30,916 200 Engineering 574 818 Dental Insurance 11,837 201 Street Maintenance 48,849 Total Internal Svc/Agency Funds 1,388,737 202 Street Lighting 79,927 Total General Fund 332,499 Report Total 4,666,411 301 CDBG 4,530 321 Opioid Settlement 12,308 Total Special Revenue Fund 16,838 435 2008B G.O. Improvement Bonds 123,600 446 2014A G.O. TAX ABATEMENT BONDS 951,750 448 2016A GO BONDS - WEST 70TH ST.123,830 Total Debt Service Fund 1,199,180 509 CIP Fund 39,784 512 CIP Trails 2,375 522 Improvement Projects 2006 841 526 Transportation Fund 1,200 539 2020 Improvement Projects 644 540 Duck Lake Rd. Reconstruction 1,110 541 DELL RD (CRESTWOOD TO CSAH 61)1,594 804 100 Year History 2,237 Total Capital Projects Fund 49,784 City of Eden Prairie Council Check Register by GL 2/21/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 9323 1,709,208 US BANK OPERATIONS CENTER Principal and Interest Water Enterprise Fund Debt Payment 298175 412,960 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Meters for water meter replacement proj. 9311 321,277 HEALTHPARTNERS Insurance Health Insurance Feb 2023 Premiums 9320 297,641 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 01.27.23 9318 224,210 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 01.13.23 298398 141,878 LEAGUE MN CITIES INS TRUST WC Insurance Property Insurance Property/casualty premiums 1032816 76,676 XCEL ENERGY Electric Various Funds 298419 66,755 PEMBER COMPANIES, INC.Improvement Contracts Wastewater Capital 1032783 57,947 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Lift Station 1032779 53,113 REZATEC GLOBAL INC Other Contracted Services Water Capital 298180 45,262 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Taxes, Fees Utility Operations - General 298393 35,920 I-494 CORRIDOR COMMISSION TREASURER Dues & Subscriptions City Council 298099 35,802 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 298199 35,350 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 9322 32,383 EMPOWER Deferred Compensation Health and Benefits 298445 28,435 VALLEY PAVING INC Asphalt Overlay Street Maintenance 298092 23,473 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1032851 22,476 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 298118 22,110 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 298404 21,803 MANSFIELD OIL COMPANY Motor Fuels City Center - CAM 9321 21,721 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1032815 21,263 WALL TRENDS INC Contract Svcs - General Bldg City Hall (City Cost) 298173 21,192 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 298080 20,409 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 298154 20,155 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds 298127 20,115 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 9324 18,324 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 298244 18,083 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9334 17,991 WEX HSA - Employee Health and Benefits 1032864 17,822 METROPOLITAN AIRPORTS COMMISSION Other Rentals Flying Cloud Fields 298144 16,657 CITY OF EDEN PRAIRIE Dues & Subscriptions Fencing Consortium 298385 14,660 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds 1032850 14,458 CENTERPOINT ENERGY Gas Various Funds 298274 13,403 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 298387 13,205 GRAYMONT Treatment Chemicals Water Treatment 298122 13,125 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 9347 13,086 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 298155 12,308 FLOW SCIENCES INC Capital Under $25,000 Opioid Settlement 298086 12,042 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 9330 11,794 CARD CONNECT Bank and Service Charges Community Center Admin 298371 11,679 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction 298191 11,327 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 298105 11,233 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 298111 11,060 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 298380 11,001 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 1032866 10,927 NOVOTX LLC Software Maintenance IT Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032817 10,791 ZIEGLER INC Repair & Maint. Supplies Fleet Operating 298427 10,725 SAMBATEK INC Design & Engineering Wastewater Capital 298409 10,527 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 1032776 10,500 MUNICIPAL LEGISLATIVE COMMISSION Dues & Subscriptions City Council 298237 10,412 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 298190 9,956 SITEIMPROVE, INC Other Contracted Services Communications 1032810 9,896 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 298236 9,677 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 298267 8,705 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 298074 8,599 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 298253 8,573 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 298238 8,146 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 298381 7,964 CORE & MAIN Repair & Maint. Supplies Water Distribution 298138 7,690 BRIN GLASS SERVICE Equipment Repair & Maint Utility Operations - General 298434 7,584 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Capital 298133 7,565 BADGER METER Telephone Water Metering 298094 7,447 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 9327 7,140 CHASE Bank and Service Charges Various Funds 9310 6,951 HEALTHPARTNERS Insurance Dental Insurance 298218 6,854 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 298160 6,820 HENRICKSEN PSG Other Contracted Services Fire 298137 6,706 BOUND TREE MEDICAL LLC EMS Supplies Fire 9317 6,680 BPAS HRA Health and Benefits 1032804 6,581 METRO SALES INCORPORATED*Equipment Rentals IT Operating 298168 6,570 LEAGUE OF MINNESOTA CITIES Tuition Reimbursement/School Police Sworn 298426 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 298259 6,426 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 298436 6,300 STAR TRIBUNE Employment Advertising Organizational Services 1032798 5,924 HANSEN THORP PELLINEN OLSON Other Contracted Services Stormwater Capital 298163 5,756 INDIGITAL INC Other Contracted Services IT Capital 298132 5,421 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost) 1032858 5,347 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 298261 5,211 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 298406 4,920 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 298446 4,916 VAN PAPER COMPANY Cleaning Supplies General Community Center 298227 4,711 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 298139 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 298403 4,583 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 298198 4,500 VALLEY PLUMBING HEATING AND AIR Other Contracted Services Rehab 1032847 4,474 WSB & ASSOCIATES INC Design & Engineering Historical Culture 298450 4,433 WOLD ARCHITECTS AND ENGINEERS Other Contracted Services Capital Maint. & Reinvestment 298093 4,425 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 298396 4,388 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 298249 4,245 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 298392 4,175 HOLISTIC TREE AND FORESTRY Other Contracted Services Tree Disease 298260 4,170 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 298104 4,133 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 298210 3,974 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 298412 3,851 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 298158 3,825 HENNEPIN COUNTY MEDICAL CENTER Other Rentals Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 298076 3,740 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1032857 3,729 HAWKINS INC Treatment Chemicals Water Treatment 298449 3,394 WM CORPORATE SERVICES INC Waste Disposal Arts Center 298211 3,204 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 9313 3,160 WEX FSA - Dependent Care Health and Benefits 298394 3,041 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 9333 2,920 HEALTHPARTNERS Dental Insurance Dental Insurance 298112 2,853 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1032801 2,813 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Treatment 298201 2,700 WAYNES HOME SERVICES Contract Svcs - General Bldg Outdoor Center Facilities 298365 2,653 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 1032753 2,540 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 298141 2,484 CENTURYLINK Telephone Various Funds 1032788 2,467 CENTERPOINT ENERGY Gas Various Funds 1032790 2,465 DLT SOLUTIONS INC.Software Maintenance IT Operating 1032758 2,429 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032835 2,399 GUNNAR ELECTRIC CO INC Other Contracted Services Street Maintenance 298075 2,337 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 298370 2,270 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 1032843 2,215 SWANK MOTION PICTURES INC Licenses, Taxes, Fees Staring Lake Concert 1032785 2,214 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 298083 2,214 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 298386 2,200 FOUNDATION BUSINESS SYSTEMS, LLC Other Contracted Services Stormwater Non-Capital 298361 2,174 AFFEKTIVE SOFTWARE LLC Licenses, Taxes, Fees Pool Operations 1032869 2,174 TOWMASTER INC Equipment Repair & Maint Fleet Operating 298271 2,158 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 298402 2,156 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1032757 2,155 VINOCOPIA Liquor Product Received Den Road Liquor Store 1032762 2,119 VINOCOPIA Liquor Product Received Prairie View Liquor Store 298388 2,079 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1032860 2,068 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 298113 2,011 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 298428 1,989 SCANDIA CUSTOM CABINETS Contract Svcs - General Bldg Park Shelters 298441 1,950 TRAFFIC CONTROL CORPORATION Improvement Contracts Traffic Signals 298367 1,935 ARVIG Fiber Lease Payments IT Operating 1032763 1,925 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 298146 1,922 CORE & MAIN Repair & Maint. Supplies Water Distribution 1032854 1,903 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 298185 1,894 PERA Wages and Benefits 494 Corridor Commission 9346 1,851 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 298120 1,792 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 298372 1,745 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Maintenance Facility 1032787 1,745 BOYER TRUCKS Equipment Parts Fleet Operating 298090 1,732 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1032863 1,717 METRO SALES INCORPORATED*Printing/Copying 494 Corridor Commission 298360 1,710 ACTIVE 911 INC Software Maintenance IT Operating 298103 1,648 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 298084 1,646 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 9299 1,640 FIDELITY SECURITY LIFE INSURANCE CO Life Insurance EE/ER Health and Benefits 298452 1,600 CRAIG RAPP LLC Dues & Subscriptions Administration Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032774 1,599 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 1032793 1,594 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 298413 1,587 MOBOTREX INC Equipment Repair & Maint Traffic Signals 298243 1,577 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 298256 1,574 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1032754 1,560 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 298121 1,552 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 298232 1,522 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 298265 1,522 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 298193 1,518 STONE SOURCE INC Contract Svcs - General Bldg Park Shelters 298172 1,506 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 298135 1,500 BOLTON & MENK INC Other Contracted Services Stormwater Non-Capital 298157 1,477 GLASS & MIRROR OUTLET GLASSART DESIGN Contract Svcs - General Bldg Park Shelters 1032856 1,455 GRAYBAR Repair & Maint. Supplies Facilities Capital 9325 1,417 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 1032833 1,412 FASTENAL COMPANY Safety Supplies Fleet Operating 298195 1,399 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 9342 1,393 INVOICE CLOUD INC Bank and Service Charges Various Funds 1032772 1,367 JOHNSTONE SUPPLY Building Repair & Maint.Den Road Liquor Store 298247 1,365 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 9337 1,363 WEX FSA - Medical Health and Benefits 1032832 1,355 CONCRETE CUTTING AND CORING Landscape Materials/Supp Park Maintenance 298097 1,330 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1032789 1,302 DAKOTA SUPPLY GROUP INC Capital Under $25,000 Water Capital 298423 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 9304 1,265 WEX FSA - Medical Health and Benefits 9344 1,262 WEX FSA - Medical Health and Benefits 298171 1,246 LUBE-TECH ESI Operating Supplies Fleet Operating 1032797 1,244 GRAYBAR Repair & Maint. Supplies Facilities Capital 298161 1,218 HIGHWAY 5 BP Operating Supplies Police Sworn 298374 1,197 CENTURYLINK Telephone IT Operating 1032756 1,195 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 298109 1,194 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 298230 1,193 WINEBOW Liquor Product Received Prairie Village Liquor Store 1032859 1,169 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 298429 1,164 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 298177 1,147 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 1032784 1,112 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 298162 1,108 HOME DEPOT CREDIT SERVICES Supplies - General Bldg City Hall (City Cost) 1032803 1,098 MENARDS Repair & Maint. Supplies Various Funds 298189 1,090 SIOUX SALES COMPANY Training Supplies Police Sworn 298258 1,083 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 298420 1,075 PETERSON COUNSELING AND CONSULTING Health & Fitness Police Sworn 298194 1,058 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 298073 1,047 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 298405 1,042 MARCO INC Hardware - R&M IT Operating 9340 1,040 AMERICAN EXPRESS Bank and Service Charges Various Funds 298131 1,026 AIRGAS USA LLC Supplies - Pool Pool Maintenance 298187 1,005 PROP - PR Charitable Contributions Health and Benefits 298223 990 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032853 988 ESRI Software Maintenance IT Operating 298217 986 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1032825 984 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1032841 975 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 1032865 956 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 298416 950 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 298202 945 WORTHINGTON MATT Tuition Reimbursement/School Organizational Services 1032862 942 METRO ELEVATOR INC Equipment Repair & Maint Maintenance Facility 1032773 938 METROPOLITAN FORD Equipment Parts Fleet Operating 1032768 923 EICHMAN NATHAN Canine Supplies Police Sworn 1032861 922 MENARDS Operating Supplies Various Funds 298212 912 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1032870 910 XCEL ENERGY Electric Various Funds 298363 903 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1032760 866 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 298351 841 SUSTAD GARY AR Utility Water Enterprise Fund 298369 841 BKJ LAND COMPANY Improvement Contracts Improvement Projects 2006 298170 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn 298399 833 LEXISNEXIS RISK SOLUTIONS FL INC Dues & Subscriptions Police Sworn 298207 817 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 298364 801 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost) 298437 788 STRAND MANUFACTURING CO INC Equipment Repair & Maint Water Treatment 298239 784 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 298095 773 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1032796 768 GRAINGER Equipment Parts Police (City Cost) 298440 767 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 298229 759 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1032764 752 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 298443 745 TWIN CITY GATE Contract Svcs - General Bldg Maintenance Facility 298225 739 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 9319 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 298270 717 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 298241 716 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 298186 715 POLLARD WATER Repair & Maint. Supplies Water Treatment 298078 706 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 298150 701 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & Subscriptions Prairie View Liquor Store 298391 700 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 298277 696 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 298224 687 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298213 681 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 298124 676 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 298215 674 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 9343 663 WEX FSA - Medical Health and Benefits 298263 660 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 298222 654 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 298383 636 EARL F ANDERSEN INC Signs Traffic Signs 298250 627 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1032769 627 FASTENAL COMPANY Equipment Parts Traffic Signs 298251 625 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 1032782 615 VAN PAPER COMPANY Cleaning Supplies General Community Center Check #Amount Supplier / Explanation Account Description Business Unit Comments 298151 611 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 298200 605 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 1032791 605 ECM PUBLISHERS INC Advertising Prairie View Liquor Store 298397 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 298164 594 JOHN J MORGAN COMPANY Supplies - HVAC Maintenance Facility 298192 587 STAPLES ADVANTAGE Office Supplies Utility Operations - General 298448 576 WIESE USA Equipment Parts Fleet Operating 1032807 572 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 9315 572 WEX FSA - Medical Health and Benefits 298101 570 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 298432 568 SOLUTION BUILDERS Computers 494 Corridor Commission 1032848 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 298116 557 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 298071 550 MINNESOTA STATE FIRE DEPT ASSN Dues & Subscriptions Fire 298334 549 MINER CORY AR Utility Water Enterprise Fund 1032827 542 VINOCOPIA Liquor Product Received Prairie View Liquor Store 298106 538 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1032786 531 BIFFS INC Waste Disposal Park Maintenance 298417 530 ONE STEP PRODUCTIONS Other Rentals Ice Show 298088 528 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 298353 506 ULFERS ALYSIA AR Utility Water Enterprise Fund 1032867 495 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof General Community Center 298304 493 FECHKO JENNIFER AR Utility Water Enterprise Fund 298389 484 GYM WORKS Equipment Repair & Maint Fitness Center 1032808 481 POMP'S TIRE SERVICE INC Tires Fleet Operating 298176 480 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 298358 476 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 298179 475 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 298401 474 LUBE-TECH ESI Lubricants & Additives Fleet Operating 298235 472 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1032814 472 VISTAR CORPORATION Merchandise for Resale Concessions 298341 467 PLUMMER MARK AR Utility Water Enterprise Fund 1032794 460 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Water Treatment 1032819 457 HAAK LORI Conference/Training Stormwater Non-Capital 1032844 450 TESSMAN SEED CO Chemicals Park Maintenance 298102 445 MEGA BEER Liquor Product Received Den Road Liquor Store 1032836 428 HACH COMPANY Laboratory Chemicals Water Treatment 298438 419 STRYKER SALES CORPORATION Operating Supplies Police Sworn 298262 410 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 9331 409 WEX FSA - Medical Health and Benefits 298220 407 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 298188 400 SCOTT COUNTY TREASURER Other Rentals Police Sworn 1032818 391 STREICHERS Clothing & Uniforms Police Sworn 9309 384 WEX FSA - Medical Health and Benefits 1032781 381 SLICK, RANDY L Mileage & Parking Engineering 298107 377 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 9303 367 WEX FSA - Medical Health and Benefits 298143 365 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 298366 354 ARAMARK Janitor Service Den Road Liquor Store 298208 354 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298287 352 CARBALLO FERNANDO AR Utility Water Enterprise Fund 298087 350 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 298268 347 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1032831 341 BOUNDLESS NETWORK Operating Supplies Stormwater Non-Capital 298234 338 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 298233 335 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 298384 330 ESTRINE, ROBERT Other Contracted Services Community Band 1032800 330 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment 298408 328 MINNEAPOLIS SAW COMPANY INC Operating Supplies Park Maintenance 298142 325 CENTURYLINK Telephone Various Funds 298433 315 ST CROIX LINEN LLC Operating Supplies-Linens Fire 1032849 310 BOYER TRUCKS Equipment Parts Fleet Operating 298152 309 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1032839 306 PROSOURCE SUPPLY Supplies - Plumbing Maintenance Facility 298269 304 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1032792 304 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 298134 300 BLUE AND BROWN BACKGROUNDS LLC Tuition Reimbursement/School Police Sworn 298148 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating 298375 300 CHRIS CASTLE INC Website Development 494 Corridor Commission 298431 299 SNAP-ON TOOLS Small Tools Fleet Operating 298248 298 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 9301 296 US BANK - PAYMODE Bank and Service Charges Finance 298081 295 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298439 293 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1032795 292 GRAFIX SHOPPE Equipment Parts Fleet Operating 298286 291 BULLINGER, TODD AR Utility Water Enterprise Fund 298411 285 MINNESOTA STATE FIRE CHIEFS ASSN Training Fire 1032799 283 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 298096 279 DOMACE VINO Liquor Product Received Den Road Liquor Store 298332 278 MERRY MARK AR Utility Water Enterprise Fund 298129 277 ADVANCED GRAPHIX INC Equipment Parts Fleet Operating 1032822 276 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 9312 267 WEX FSA - Medical Health and Benefits 298276 266 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 298382 264 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 298317 255 JOHNSON MARTHA AR Utility Water Enterprise Fund 1032824 255 VINOCOPIA Liquor Product Received Den Road Liquor Store 9308 252 WEX FSA - Medical Health and Benefits 298407 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues & Subscriptions Police Sworn 298246 246 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 298114 227 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 298117 222 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 298130 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 298254 212 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 298123 210 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 298373 208 CATALYST GRAPHICS INC Advertising Prairie View Liquor Store 1032809 202 SPRINT Cell Phones 494 Corridor Commission 1032828 201 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 298072 200 WASHINGTON COUNTY COURT ADMIN Deposits General Fund 298197 200 UNITED WAY Charitable Contributions Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 298272 200 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 298378 199 COMCAST Phone/Data/Web 494 Corridor Commission 298245 198 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 298379 190 COMCAST Internet IT Operating 298242 189 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 298333 186 MEYER ALEX AR Utility Water Enterprise Fund 1032806 183 MULCAHY COMPANY INC Supplies - HVAC City Center - CAM 1032871 183 ZIEGLER INC Equipment Parts Fleet Operating 9332 182 OPTUM HEALTH Other Contracted Services Health and Benefits 298368 181 ASPEN MILLS Clothing & Uniforms Fire 298128 180 ACE SUPPLY COMPANY INC Supplies - HVAC General Community Center 1032840 179 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 298156 178 FOUNDATION BUSINESS SYSTEMS, LLC Other Contracted Services Stormwater Non-Capital 298335 177 MOHAMED BASHIR AR Utility Water Enterprise Fund 298140 172 CATALYST GRAPHICS INC Advertising Prairie View Liquor Store 298279 171 ABIYEV TRISHA AR Utility Water Enterprise Fund 298178 171 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 298228 171 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 298240 171 DOMACE VINO Liquor Product Received Den Road Liquor Store 298275 165 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1032775 165 MPX GROUP, THE Printing Police Sworn 9335 164 WEX FSA - Medical Health and Benefits 298091 162 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 298110 162 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 298115 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1032778 155 QUALITY PROPANE Repair & Maint - Ice Rink Ice Arena Maintenance 298348 154 STANDRIDGE NATALIE AR Utility Water Enterprise Fund 298108 153 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 298184 152 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center 298204 150 MNIAI Dues & Subscriptions Police Sworn 1032813 150 USA SECURITY Maintenance Contracts Water Treatment 298100 148 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 298214 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 298266 145 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store 1032821 145 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 298098 142 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 298273 141 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 298255 139 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1032834 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 298289 139 CAROLINE NELSON C/O MICHAEL NELSON AR Utility Water Enterprise Fund 1032755 139 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 298119 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 298442 138 TRUSTEES OF THE HAMLINE UNIVERSITY OF MN Other Contracted Services Stormwater Non-Capital 298077 136 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298302 135 ESTATE OF RICHARD MAVISON C/O PAULA RYLA AR Utility Water Enterprise Fund 298089 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 298166 130 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms Engineering 298323 129 KORMAN, CLAIR AR Utility Water Enterprise Fund 9336 129 WEX FSA - Medical Health and Benefits 298216 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298264 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 298082 123 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298221 123 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298181 120 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 298219 120 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298309 120 FRISCHMAN MATTHEW AR Utility Water Enterprise Fund 298339 118 PALMER RICHARD AR Utility Water Enterprise Fund 1032837 116 HUNT, JASON Clothing & Uniforms Police Sworn 1032766 115 BARRIE SPENCER Clothing & Uniforms Police Sworn 298318 113 JOHNSON STEVEN AR Utility Water Enterprise Fund 298147 107 DAVIS AARON Conference/Training Fire 298167 107 KERRY ISAAC Travel Expense Fire 298231 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1032852 104 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 298350 103 SUPERIOR FINANCING LLC AR Utility Water Enterprise Fund 298321 102 KEIM JAMES AR Utility Water Enterprise Fund 298203 100 HAMMERSCHMIDT, RICK Workers Comp Insurance Workers Comp Insurance 298354 100 WARRICK, ROBERT AR Utility Water Enterprise Fund 298376 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance 298288 99 CARL DAVID AR Utility Water Enterprise Fund 298311 97 GRINELL SHARI AR Utility Water Enterprise Fund 298085 96 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 1032759 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1032826 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 298421 90 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 298125 90 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 298136 90 BOOSHIE INC Clothing & Uniforms Fire 298451 89 KENNEY TAMARA AR Utility Water Enterprise Fund 298352 88 TORGERSON SHIRLEY AR Utility Water Enterprise Fund 298349 88 STOECKER MARY AR Utility Water Enterprise Fund 298149 86 EARL F ANDERSEN INC Signs Traffic Signs 1032846 84 WAYTEK INC Equipment Parts Fleet Operating 298314 83 HOFFER, CLETIS AR Utility Water Enterprise Fund 298292 83 CHEN YIRAN AR Utility Water Enterprise Fund 298359 82 ACE SUPPLY COMPANY INC Building Repair & Maint.Utility Operations - General 298329 81 MARR THOMAS AR Utility Water Enterprise Fund 298290 80 CARTUS C/O MIKE COONEY AR Utility Water Enterprise Fund 298159 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 298206 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 298165 77 JOHNSTONE SUPPLY Supplies - HVAC Maintenance Facility 1032820 76 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 298291 76 CHAMBERLAIN ERIK AR Utility Water Enterprise Fund 1032765 74 ABRAMOVICH GENNADIY Clothing & Uniforms Police Sworn 9300 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 9345 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 298444 71 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating 298280 70 ANDERSON PATRICK AR Utility Water Enterprise Fund 298145 70 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 9302 69 WEX FSA - Medical Health and Benefits 298293 67 CHENG YEN AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 1032780 64 SCHULZE, CARTER Mileage & Parking Engineering 1032767 64 CARLSTON, BRANDON Training Supplies Police Sworn 298209 63 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298326 63 LACHER LARRY AR Utility Water Enterprise Fund 1032777 63 PROSOURCE SUPPLY Cleaning Supplies General Community Center 1032830 60 BOSACKER MIKE Mileage & Parking Police Sworn 298226 60 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 298356 58 WITHERS ROBERT AR Utility Water Enterprise Fund 298281 58 ARNESON NATHAN AR Utility Water Enterprise Fund 298320 58 KASELNAK ROBERT AR Utility Water Enterprise Fund 298319 57 KANAGASABAI SIVABAL AR Utility Water Enterprise Fund 298410 55 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1032829 54 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1032823 54 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 9305 54 WEX FSA - Medical Health and Benefits 298257 53 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 298346 53 SCHULTZ MARK AR Utility Water Enterprise Fund 9338 52 WEX FSA - Medical Health and Benefits 298377 52 COMCAST Cable TV Fire 9328 50 WEX FSA - Medical Health and Benefits 298205 50 MNIAI Dues & Subscriptions Police Sworn 298425 50 RENTERS WAREHOUSE AR Utility General Fund 298447 50 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn 298424 50 PROPIO LS LLC Other Contracted Services Police Sworn 298415 49 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1032838 48 OLSEN CHAIN & CABLE Equipment Parts Street Maintenance 298347 48 SHIMLEY BRIAN AR Utility Water Enterprise Fund 298390 47 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 298079 46 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1032845 46 VIK, LISA Mileage & Parking Police Sworn 298285 46 BLAKE JASON AR Utility Water Enterprise Fund 9326 44 PAYA Bank and Service Charges Winter Theatre 1032761 43 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 298308 42 FREDERIKSEN, SCOTT AR Utility Water Enterprise Fund 298328 41 LUO DANNI AR Utility Water Enterprise Fund 298362 41 AFLAC INC Wages and Benefits 494 Corridor Commission 1032802 41 LOCATORS & SUPPLIES INC Small Tools Traffic Signals 298126 40 ABLE DELUXE TECHNOLOGIES Dues & Subscriptions Senior Center Admin 298295 39 CTW GROUP AR Utility Water Enterprise Fund 298183 39 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 298327 39 LARSEN TREVOR AR Utility Water Enterprise Fund 298252 38 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 298313 38 HARRIS-SMITH STEPHEN AR Utility Water Enterprise Fund 298414 37 NORTON AUDREY Mileage & Parking Skating Rinks/Warming Houses 298312 37 HANSON SHELLY AR Utility Water Enterprise Fund 298422 35 PLEAA Dues & Subscriptions Police Sworn 298342 35 REALTY PROS LLC AR Utility Water Enterprise Fund 298400 32 LINDQUIST JOE Mileage & Parking Skating Rinks/Warming Houses 1032805 31 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 298322 31 KLESCEWSKI JOSEPH E AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 298331 31 MELVIN GOLDENBOGEN C/O JEANA CLARK AR Utility Water Enterprise Fund 298282 31 BAER FREDERIC AR Utility Water Enterprise Fund 298324 29 KROMMINGA RYAN AR Utility Water Enterprise Fund 298153 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1032842 28 ROCKEY, JOSH Mileage & Parking Senior Center Admin 298355 28 WHEELER DOUGLAS AR Utility Water Enterprise Fund 298196 28 TVRDIK SHARI P&R Refunds Community Center Admin 298435 28 STAPLES ADVANTAGE Office Supplies Customer Service 298284 28 BECKER BRITTNEY AR Utility Water Enterprise Fund 298395 27 JOHNSTONE SUPPLY Small Tools Facilities Staff 298300 27 ESTATE OF ALAN NASH AR Utility Water Enterprise Fund 9316 26 WEX FSA - Medical Health and Benefits 9306 25 WEX FSA - Medical Health and Benefits 9314 24 WEX FSA - Medical Health and Benefits 298305 23 FERGUSON JEAN AR Utility Water Enterprise Fund 298344 23 ROUTH RHONDA AR Utility Water Enterprise Fund 298283 22 BARHAM SIMON AR Utility Water Enterprise Fund 298296 22 DAVIS BETTE AR Utility Water Enterprise Fund 9307 20 WEX FSA - Medical Health and Benefits 9339 20 WEX FSA - Medical Health and Benefits 298303 20 EVENSON, KATHI AR Utility Water Enterprise Fund 298430 18 SHRED RIGHT Waste Disposal General Community Center 1032855 17 GRAINGER Repair & Maint. Supplies Water Treatment 298294 17 CLASEN ELIZABETH AR Utility Water Enterprise Fund 298298 17 EMERSON BARBARA AR Utility Water Enterprise Fund 298316 16 JENKINS JAMES AR Utility Water Enterprise Fund 298182 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 298337 16 MURUGAPPAN, SINGARAM AR Utility Water Enterprise Fund 1032812 15 UPS Postage City Clerk 298299 15 ERLANDSON CHARLES AR Utility Water Enterprise Fund 298306 15 FERRIS LUCY AR Utility Water Enterprise Fund 298169 14 LENNOX INDUSTRIES INC.Supplies - HVAC Park Shelters 298297 13 ECCLES, ANN AR Utility Water Enterprise Fund 298343 13 RISSI JAMIE AR Utility Water Enterprise Fund 9341 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 298357 12 ABEJE IKRAN Deposits General Fund 298315 11 HOLST WAYNE AR Utility Water Enterprise Fund 298278 11 3 IN 1 LLC AR Utility Water Enterprise Fund 298338 11 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 298345 11 SCHEINOST ALEX AR Utility Water Enterprise Fund 298310 10 GRIN IRINA AR Utility Water Enterprise Fund 298340 9 PLANTE, RICHARD J AR Utility Water Enterprise Fund 298325 9 KRUEGER KYLE AR Utility Water Enterprise Fund 298307 8 FINCK MIKALA AR Utility Water Enterprise Fund 298330 8 MATHIOWETZ JEFF AR Utility Water Enterprise Fund 298301 8 ESTATE OF BERTA GREINER AR Utility Water Enterprise Fund 298336 8 MURALT DEBRA AR Utility Water Enterprise Fund 298418 7 OSOWSKI BEN Mileage & Parking Skating Rinks/Warming Houses 4,666,411 Grand Total