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Home My WebLink AboutCity Council - 03/21/2023 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 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. POLICE DEPARTMENT/CITY CENTER REMODEL Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT POLICE FUNCTIONAL PROGRAMMING STUDY City Council Work Session March 21, 2023 Agenda CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY 1.Introduction 2.Overview of the process 3.Proposed Program Review 4.Options Development 5.Budget 6.Schedule 7.Next Steps Task 7: Gain Approvals Task 6: Options Analysis Task 5: Creation of a Square Footage Program Task 4: Analysis of Existing Buildings Task 3: Analysis of current and future requirements Task 2: Surveys and Existing Utilization Task 1: Organizational Meeting Planning Process CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Project Goals CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Determine the best investment of proposed 2025 $13m project A.Identify Current Facility Deficiencies B.Project Future Facility Needs C.Incorporate Desired Operational Changes D.Develop a Menu of Prioritized Solutions E.Find Resolution with a Consensus Approach Guiding Principles CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY EDEN PRAIRIE POLICE »The facility solution should be adaptable to accommodate the departments growth and operational changes for the next 20 years. »The facility should maintain or enhance the level of service that the department provides to the community. »The proposed solution can not exceed a $13 Million project budget. »The design of the facility should be a leading example of the City’s Sustainable approaches. »Create a facility where the community feels welcome and encourages interaction with the public. »Better organization and enhance safety and Security within detention and evidence intake/ processing/ storage »Enclosed vehicle Storage for entire fleet, including Training vehicles »Better wayfinding throughout the building, to enhance a more welcoming public environment. Departmental Meetings CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY PATROL •Ideal to have all sergeants within the patrol area. Patrol like the current layout of sergeants near and around the report writing area. •No Privacy for patrol staff, would like some enclosed rooms for privacy •Larger Roll Call Room •Drone/ Technology Storage •Current Locker room is at max capacity, larger locker room with better changing rooms •Better layout in detention to enhance staff safety in the booking/ interview rooms is desired. INVESTIGATIONS •The detectives really like the bullpen layout of the space along with the open collaborative area in the middle. Would like to maintain this layout. •Request of offices for all Detectives •Forensics Lab and Faraday Room •Major Growth •5 detectives, SRO/ Juvenile Det., Social Worker, Crime Analysis Departmental Meetings CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY COMMAND STAFF •Ideal to keep the Lts. near the rest of the command staff. •Chief’s office can reduce in size •Add an administration conference room to fit 12. •Garage for Vehicles •More Storage throughout department DISPATCH/ RECORDS/ EVIDENCE •Entrance to the building is not clear, especially during in-custody release. Wayfinding is hard for public. •Ideal to move all items from ‘Area 51’ off site storage to PD building. •Once drug intake is constructed there might be flow issues, if there is a car in custody. •Better safety and security for evidence intake and processing •Better Evidence Processing, not to be combined with work area. •Vault storage within the evidence storage area. Departmental Meetings CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY SUPPORT SERVICES •Ideal to keep CSO, Animal control, Reserves, and Vol. in separate office •Shared offices for CSO and Animal Control •Shared office for Reserves and Vols. •Uniform Storage for entire Department •Separate Training storage room •Garage for SWAT, should be near but separate from Negotiations garage •SWAT lockers and Storage •Separate armory and gun cleaning spaces •Wash Bay in Garage •Animal control kennel storage Space Standards CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Offices Chief Office 200 sq. ft. to 225 sq. ft. Captain Office 150 sq. ft. to 180 sq. ft. Sergeant/ Supervisor 120 sq. ft. Detective Office 100 sq. ft. Open Office Employees Regular Administrative 7’x7’ workstation Finance/ Engineering 8’x10’ workstation Flexible/ Intern/ Seasonal 6’x6’ workstation Support and meeting space suggested sizes: Small Meeting Room 150 sq. ft. (3-4 people) Medium Meeting Room 250 sq. ft. (5-8 people) Large Meeting Room 500 sq. ft. (10-15 people) Training Room 1,500 sq. ft. to 2,000 sq. ft. (50 to 90 persons) Storage and Work Areas Sized as needed Space Summary CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Facility Tours CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Toured Example Facilities »Brooklyn Park Police –Renovation »Crystal Police –New Facility »New Hope –New Facility »Minnetonka –Renovation »Burnsville –Renovation »Eagan -Renovation Concepts studied CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Concept a: •Renovate existing PD •Small interior expansion •Parking ramp with parking deck Does not meet the following Guiding Principles: •Facility Solution should be adaptable to accommodate the departments growth and operational changes for the next 20 years. •Create a facility where the community feels welcome and encourages interaction with public. •Better organization and enhance safety and Security within detention and evidence intake/ processing/ storage •Enclosed vehicle storage for entire fleet, including Special response unit vehicles. •Better wayfinding throughout the building, to enhance a more welcoming public environment. •Police need to stay functional during construction, would need to provide temporary housing and moving costs, roughly $ 470,000 -$ 640,000 Concepts studied CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Concept b: •Renovate existing PD •Small interior expansion •Interior parking on East Side Does not meet the following Guiding Principles: •Facility Solution should be adaptable to accommodate the departments growth and operational changes for the next 20 years. •Create a facility where the community feels welcome and encourages interaction with public. •Better organization and enhance safety and Security within detention and evidence intake/ processing/ storage •Enclosed vehicle storage for entire fleet, including Special response unit vehicles. •Better wayfinding throughout the building, to enhance a more welcoming public environment. •Police need to stay functional during construction, would need to provide temporary housing and moving costs, roughly $ 470,000 -$ 640,000 Concepts studied CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Concept c: •Renovate to West Lower Level •Parking Addition Does not meet the following Guiding Principles: •Create a facility where the community feels welcome and encourages interaction with the public. •Enclosed vehicle storage for entire fleet, including Special response unit vehicles. Concepts studied CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Concept d: •Renovate upper-level middle section for PD functions •Atrium would become PD function only. •Interior garage on lower-level West side. •Special Response Unit Addition Does not meet the following Guiding Principles: •Facility Solution should be adaptable to accommodate the departments growth and operational changes for the next 20 years. •The proposed solution can not exceed a $13 million project budget. •Better organization and enhance safety and Security within detention. •Staff parking and access to office is difficult with the middle section. Either walk through the lower-level garage and park in an unsecure public lot. CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY CPG Recommended Option West Side Renovation CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY CPG Recommended Option West Side Renovation CPG Recommended Option West Side Renovation CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY CPG Recommended Option West Side Renovation CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Square Footage/ Cost Analysis Upper Level Interior Remodeling 42,751 gsf $150/sf $6,410,000 Second Floor Structural Infill 1,748 gsf $100/sf $170,000 Remodel Existing Lower Level into Garage 38,108 gsf $50/sf $1,910,000 Lower Level Interior Remodeling 6,248 gsf $225/sf $1,410,000 Total Construction Cost $9,900,000 Project Net Factor Fee, Testing, Contingency, FFE X 1.30 Total Project Cost $12,900,000 CPG Recommended Option West Side Renovation CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Square Footage/ Cost Analysis Special Response Unit Addition 4,950 gsf $450/sf $2,230,000 Total Construction Cost $2,230,000 Project Net Factor Fee, Testing, Contingency X 1.25 Total Project Cost $2,800,500 City Hall Functions on Upper Level CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY CPG Recommended Option West Side Renovation CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Square Footage/ Cost Analysis Upper Level Interior Remodeling 19,300 gsf $200/sf $3,860,000 Total Construction Cost $3,860,000 Project Net Factor Fee, Testing, Contingency, FFE X 1.30 Total Project Cost $5,000,000 EV Police Fleet CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY Level 2 EV Charging •$14,000/ Stall for feeder Recommend the Police EV Fleet: separate 600 –800 amp service •Level 2 charging with some level 3/ DC can be accommodated. •For service only: $45,000 Level 3 (DC) EV Charging •$28,000/ stall for feeder 28 stalls $392,000 35 stalls $490,000 68 stalls $952,000 28 stalls $784,000 35 stalls $980,000 68 stalls $1,904,000 * Cost not included in Recommended option cost Schedule CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY $4M $13M $4M $15M $4M $17M Current Fire Police Total %Current Fire Police Total %Current Fire Police Total % Levy Trucks Remodel Levy Change Levy Trucks Remodel Levy Change Levy Trucks Remodel Levy Change 2024 2,553,000 2,553,000 2,553,000 2,553,000 2,553,000 2,553,000 2025 2,170,000 383,000 2,553,000 2,170,000 383,000 2,553,000 2,170,000 383,000 2,553,000 2026 1,110,000 650,000 1,161,000 2,921,000 14%1,110,000 650,000 1,339,000 3,099,000 21%1,110,000 650,000 1,516,500 3,276,500 28% 2027 1,160,000 650,000 1,161,000 2,971,000 2%1,160,000 650,000 1,339,000 3,149,000 2%1,160,000 650,000 1,516,500 3,326,500 2% 2028 1,160,000 650,000 1,161,000 2,971,000 0%1,160,000 650,000 1,339,000 3,149,000 0%1,160,000 650,000 1,516,500 3,326,500 0% 2029 1,160,000 650,000 1,161,000 2,971,000 0%1,160,000 650,000 1,339,000 3,149,000 0%1,160,000 650,000 1,516,500 3,326,500 0% 2030 1,160,000 650,000 1,161,000 2,971,000 0%1,160,000 650,000 1,339,000 3,149,000 0%1,160,000 650,000 1,516,500 3,326,500 0% 2031 1,160,000 650,000 1,161,000 2,971,000 0%1,160,000 650,000 1,339,000 3,149,000 0%1,160,000 650,000 1,516,500 3,326,500 0% 2032 1,160,000 650,000 1,161,000 2,971,000 0%1,160,000 650,000 1,339,000 3,149,000 0%1,160,000 650,000 1,516,500 3,326,500 0% 2033 1,160,000 650,000 1,161,000 2,971,000 0%1,160,000 650,000 1,339,000 3,149,000 0%1,160,000 650,000 1,516,500 3,326,500 0% 2034 1,000,000 1,161,000 2,161,000 -27%1,000,000 1,339,000 2,339,000 -26%1,000,000 1,516,500 2,516,500 -24% 2035 1,161,000 1,161,000 -46%1,339,000 1,339,000 -43%1,516,500 1,516,500 -40% 2036 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2037 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2038 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2039 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2040 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2041 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2042 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2043 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2044 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 2045 1,161,000 1,161,000 1,339,000 1,339,000 1,516,500 1,516,500 Scenerio 1 - $13M Police Remodel Scenerio 2 - $15M Police Remodel Scenerio 3 - $17M Police Remodel Questions CITY OF EDEN PRAIRIE FUNCTIONAL PROGRAMMING STUDY QUESTIONS? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 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. ACCEPT DONATION FROM THE EDEN PRAIRIE LIONS CLUB TOWARDS OUTDOOR CENTER PROGRAMS (Resolution) B. ACCEPT DONATION FROM OLD NATIONAL BANK FOR VARIOUS SPECIAL EVENTS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 07, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 07, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. AWARD CONTRACT TO FIELDTURF USA INC. FOR COMMUNITY CENTER GYM FLOOR REPLACEMENT C. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED AND EXCESS PROPERTY CITY COUNCIL AGENDA March 21, 2023 Page 2 D. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH HARTMAN COMPANIES FOR THE MILLER PARK BALLFIELD DRAINAGE PROJECT E. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH BITUMINOUS ROADWAYS FOR THE NESBIT PARK PARKING LOT AND HARD-COURT SURFACES F. APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF AN OUTDOOR RECREATION GRANT APPLICATION FOR THE HOMEWARD HILLS PLAY AREA IMPROVEMENT PROJECT G. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH PRECISION UTILITIES INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS H. APPROVE AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR PIONEER TRAIL IMPROVEMENTS I. AWARD CONTRACT FOR THE WILLOW CREEK CULVERT REPLACEMENT TO VALLEY PAVING, INC. J. ADOPT RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS 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 CITY COUNCIL AGENDA March 21, 2023 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE REVIEW XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 17, 2023 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 21, 2023 ___________________________________________________________________________________________ TUESDAY, MARCH 21 2023 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM THE EDEN PRAIRIE LIONS CLUB TOWARDS OUTDOOR CENTER PROGRAMS (Resolution) Synopsis: Donations such as this will assist with the Outdoor Center’s Animal Ambassadors program, used to teach the public about various species, habitats and our natural environment. MOTION: Move to adopt Resolution accepting the donation of $500 from Eden Prairie Lions Club for Outdoor Center programs. B. ACCEPT DONATION FROM OLD NATIONAL BANK FOR VARIOUS SPECIAL EVENTS (Resolution) Synopsis: Donations such as this allow the City to offer special events at low or no cost to residents. This donation is split amongst the following: Animal Open House $125 Arbor Day / Green Fair $125 July 3rd & 4th $125 Harvest to Halloween $125 MOTION: Move to adopt Resolution accepting the donation of $500 from Old National Bank for various special events. ANNOTATED AGENDA March 21, 2023 Page 2 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 07, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 07, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK’S LIST B. AWARD CONTRACT TO FIELDTURF USA INC. FOR COMMUNITY CENTER GYM FLOOR REPLACEMENT C. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED AND EXCESS PROPERTY D. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH HARTMAN COMPANIES FOR THE MILLER PARK BALLFIELD DRAINAGE PROJECT E. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONTRACTED SERVICES WITH BITUMINOUS ROADWAYS FOR THE NESBIT PARK PARKING LOT AND HARD-COURT SURFACES F. APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF AN OUTDOOR RECREATION GRANT APPLICATION FOR THE HOMEWARD HILLS PLAY AREA IMPROVEMENT PROJECT G. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH PRECISION UTILITIES INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS H. APPROVE AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR PIONEER TRAIL IMPROVEMENTS I. AWARD CONTRACT FOR THE WILLOW CREEK CULVERT REPLACEMENT TO VALLEY PAVING, INC. ANNOTATED AGENDA March 21, 2023 Page 3 J. ADOPT RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE REVIEW MOTION: Move to enter into closed session for the purpose of conducting the City Manager’s review. XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: March 21, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Eden Prairie Lions Club for Outdoor Center Programs ITEM NO.: IV. A. Requested Action Move to: Adopt Resolution accepting the donation of $500 from Eden Prairie Lions Club for Outdoor Center programs. Synopsis Donations such as this will assist with the Outdoor Center’s Animal Ambassadors program, used to teach the public about various species, habitats and our natural environment. Background The Eden Prairie Outdoor Center offers a wide range of classes, workshops, trips and activities in outdoor recreation and environmental education. Along with the general public; scout groups, day cares and school groups also attend various programs. The Outdoor Center mission statement is to provide environmental educational programs and outdoor recreational opportunities to the citizens of Eden Prairie. Maintain and operate an educational facility (nature center) and with interactive displays, live animals and educational information. Conduct environmental educational programs in such a manner to enlighten the public to all aspects of the natural environment that surrounds us. Provide outdoor recreational opportunities with leadership that exemplifies the highest standards of safety and professional conduct. And maintain the Outdoor Center in such a manner as to provide a pleasant facility for classes and activities that is enhanced by the natural beauty of the site. 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 $500 to be used towards Outdoor Center programs from the Eden Prairie Lions Club 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 March, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: March 21, 2023 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Old National Bank to various Special Events ITEM NO.: IV.B. Requested Action Move to: Adopt Resolution accepting the donation of $500 from Old National Bank for various special events. Synopsis Donations such as this allow the City to offer special events at low or no cost to residents. This donation is split amongst the following: Animal Open House $125 Arbor Day / Green Fair $125 July 3rd & 4th $125 Harvest to Halloween $125 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 $500 to be used towards various City special events from Old National Bank 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 March, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 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) A. HIGHWAY 4 & 5 INTERCHANGE Public Works Director, Robert Ellis, provided an overview of the topic for the evening, asking that Council consider the ideas presented and inform as to whether they support City staff in moving forward with the project. Assistant City Engineer, Carter Schulze, began by specifying the area of the study which includes the roadway corridors and intersection area of Trunk Highway (TH) 5, County State Aid Highway (CSAH) 4—also known as Eden Prairie Road, and US Highway 212. Schulze briefly covered the history of area improvements beginning in 1991 when the current signal was installed at TH 5 and Eden Prairie Road. In 2000, the signal was installed at Fuller Rd and TH 5. The US 212 Interchanges at Mitchell, Wallace, and Eden Prairie Road were constructed in 2002. And in 2008, US 212 was built west to the city limits and beyond. Next, Schulze laid out the various key focus issues that have been considered for the study, before diving into each issue: safety; operations and capacity; queueing; access; pedestrians and bicycle connections; and analysis of alternatives. Beginning with the issues of safety, Schulze noted that the 4 and 5 interchange is above the critical crash rate with 101 crashes during the five-year analysis period, during which there were no fatal or serious injuries. An analysis of crash severity exhibited the vast majority as rear end crashes, with a fair amount of angle crashes as well. City Council Workshop Minutes January 7, 2020 Page 2 In his breakdown of operations and capacity, Schulze stated the intersection is at or near capacity during peak hours and detailed the routes and side streets affected during AM peak hour, PM peak hour, and school PM peak hour. Looking ahead to 2040 traffic volume forecasts, Schulze described worsening conditions at the intersection. Currently, during peak hours the intersection experiences Level of Service (LOS) D which is characterized as high-density traffic flow where speed and freedom to maneuver is restricted. By 2040, forecasts exhibit LOS at E or F which is characterized as unstable flow at or near capacity or forced flow in which the amount of traffic approaching a point exceeds what can be served. At this level we experience stop and go waves and poor travel times. Schulze described where it is expected that queues would extent during AM-, PM- and PM school peak hours, and the issues off road access during those times. In evaluation of alternatives, Schulze explained, numerous criteria were examined including safety, traffic operations, pedestrian and bicycle connectivity, local circulation, property impacts, environmental impacts, and construction cost and feasibility. Eighteen initial improvements were identified before being narrowed to four viable options. Many considerations were factored into the interchange alternatives including added capacity; reduction of specific crash types; reduction of pedestrian and bicycle conflicts; right-of-way needs and major business impacts; reduced local access leading to new connections and closures, authorization from various agencies such as MnDOT, Hennepin County and Met Council; functional classification change which promotes higher speeds and mobility, and reduced access; and high cost. Schulze displayed visual representations of each of the four alternatives, beginning with No Build. This option offers very little construction but does much less to mitigate traffic issues than the other three alternatives. In the No Build alternative, there are suggestions to consider reconstructing/extending acceleration lanes for the northwest and southeast quadrants; reconstructing the northeast and southwest channelized right-turns to improve the positioning angle and pedestrian safety; extending the west bound lane turn lane storage; and extending the east bound lane turn lane storage. The second alternative, the SPUI (Single Point Urban Interchange), directs all traffic off the highway into a single interchange signal at the top of a TH 5 bridge over Eden Prairie Road. While these alternative operations would allow TH 5 traffic to flow freely, Schulze explained the downside involves modified access to TH 5 in multiple locations, and the expansion of right-of-ways beyond the property they currently occupy. The SPUI would include access closure at Fuller Road, replaced by an underpass beneath TH 5, which pushes the need for internal roadway connection elsewhere. Access at Carnelian Lane would also be affected. City Council Workshop Minutes January 7, 2020 Page 3 Next, Schulze described the third alternative, the Partial Interchange. In this model the on and off ramps are only on the north side of TH 5, lessening the right-of-way impacts on the south side. The Partial Interchange relies on an Eden Prairie Road round-about on the north side of TH 5 for vehicles turn arounds to travel south on Eden Prairie Road. This model incorporates the same modified access at Fuller Road as the SPUI. Schulze continued to present the final alternative, the Peanut. This alternative allows the option for TH 5 to have a bridge over CSAH 4, or an underpass beneath it. The interchange incorporates a peanut-shaped roundabout system and includes the same modified access west of CSAH 4 onto TH 5. It also includes the same bridge and modified access at Fuller Road as the SPUI and the Partial Interchange. Schulze presented multiple access alternatives between Eden Prairie Road and Fuller Road that could be utilized if a Fuller Road bridge were to drive necessity for modified access to TH 5. Having presented the top viable options, Schulze asked Council for their thoughts and recommendations based on the information laid out. Schulze outlined the various paths that they could take, beginning with not taking any action. Engineering staff could package the preceding concepts into a planning document so that it could be utilized in the future. The next option is to pursue the project and improvements to the interchange. Schulze explained MnDOT does not have this project high on a priority list, meaning that City of Eden Prairie would be acting as the lead agency in the project, seeking funding for engineering and environmental work, engaging with property owners and neighborhoods, and seeking funding for final design construction. While leading the effort would involve a great deal of work for the City, it would also allow Eden Prairie to pursue its interests and the interests of its residents more than if MnDOT were driving the efforts. Schulze pointed out a bonding bill and grants as funding options. Ellis added this road interchange concern was not at all on MnDOT’s radar until the City brought the issue to the MET Council. At this time the State is unable to drive the project, but they are supportive of the project if Eden Prairie can take the reins. Narayanan asked what the funding, timeline and process of the potential project would entail. Ellis discussed the various agencies, planning and funding needs that come into play for the project, explaining the first step as looking to the State Legislature for $5 to $10 million for concept engineering. Once project details are known, the next steps are holding neighborhood meetings, open houses, and meeting individually with property owners most impacted. At this point, if MnDOT, City Council, residents, etcetera are still in support of the project, the City would go back to State Legislature to request around $20 million for final City Council Workshop Minutes January 7, 2020 Page 4 engineering and environmental reviews. Then, approximately $70 million would be needed for construction. Mayor Case expressed understanding of the City’s view that we should either do nothing and wait or go all in with a strong alternative like the Peanut or the SPUI. Case asked if there is much, if any, cost differential between the alternatives, to which Ellis responded that the cost is essentially the same cost range for construction. Council voiced their support for moving forward with next steps. Case added that municipalities west of Eden Prairie would certainly provide legislative support for the project which would help their traffic flows that are increasing due to their own growth. Open Podium - Council Chamber (6:30) I. OPEN PODIUM A. RENEE AND JIM DIVINE – NEIGHBORS UPKEEP OF HOME EXTERIOR AND CITY CODE Renee Divine and Jim Divine, 6930 Rosemary Road, outlined their background as Eden Prairie residents and summarized the work they have done on their older home. The Divines described the many issues they have had with a neighbor in the past several years, mostly surrounding the individual’s business having been run out of their home, which led to long-term placement of a storage pod on the edge of their property, numerous work-vehicles in the driveway, unsightly trash on the property, among other things. They noted that Jim Schedin, Zoning Administrator for Eden Prairie, has been very helpful throughout the many code violations, and noted that the neighbor was no longer in violation of city code. The Divines voiced grievances about degrading exterior conditions of some neighboring homes, and the impact this has on their own property value. The two expressed interest in city staff and council digging in to the language of various city ordinance to determine if anything should be amended. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 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. ACCEPT DONATION FROM CHOICE CONNECTS TO SENIOR CENTER SPECIAL EVENTS (Resolution No. 2023-30) Lotthammer explained the donation was from Choice Connections to support Bingo and the Holiday Lunch at the Senior Center. Case noted donations such as this allow taxpayer dollars to stretch farther. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2023-30 accepting the donation in the amount of $200 from Choice Connections for Senior Center special events. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 21, 2023 CITY COUNCIL MINUTES March 7, 2023 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 21, 2023 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, February 21, 2023, and the City Council meeting held Tuesday, February 21, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. APPROVE PURCHASE OF INFRARED ILLUMINATORS FROM STEELE INDUSTRIES INC. B. ADOPT THE AMENDED EDEN PRAIRIE CITIZEN PARTICIPATION PLAN FOR THE 2020-2024 EDEN PRAIRIE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED PLAN C. SECOND READING OF ORDINANCE NO. 5-2023-PUD-1-2023 FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 0.99 ACRES- DAIRY QUEEN (Resolution for Site Plan No. 2023-31) D. ADOPT RESOLUTION NO. 2023-32 APPROVING APPLICATION TO THE HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT PROGRAM FOR THE TOWN CENTER – FLYING RED HORSE PUBLIC PLAZA AND GTA TRAIL E. APPROVE DROP OFF DAY MATERIAL DISPOSAL AGREEMENT WITH REPUBLIC SERVICES F. APPROVE COST SHARE AGREEMENT WITH RPBCWD FOR SMITH COFFEE RAIN GARDEN PROJECT G. APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT (Resolution No. 2023-33) H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH RAM BUILDINGS INC. FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING I. APPROVE LEASE AGREEMENTS FOR THE MILLER PARK ATHLETIC ASSOCIATION STORAGE BUILDING WITH THE EDEN PRAIRIE FOOTBALL, EDEN PRAIRIE BASKETBALL, AND EDEN PRAIRIE SOCCER ASSOCIATIONS CITY COUNCIL MINUTES March 7, 2023 Page 3 J. APPROVE AGREEMENT WITH TREE TRUST FOR MANAGEMENT OF THE ARBOR DAY TREE SALE K. ADOPT RESOLUTION NO. 2023-35 AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR TWO SETS OF SOCCER GOALS L. ADOPT RESOLUTION NO. AUTHORIZING STAFF TO SUBMIT A GRANT PROPOSAL TO HENNEPIN YOUTH SPORTS GRANT PROGRAM FOR PLAY STRUCTURES M. AWARD CONTRACT TO PALADIN TECHNOLOGIES INC. TO INSTALL CARD ACCESS AND CAMERA SECURITY IN THE ROUND LAKE PARK SHELTER MOTION: Nelson moved, seconded by Narayanan, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. ORDINANCES AND RESOLUTIONS A. EDEN PRAIRIE MULTIFAMILY BY RYAN COMPANIES RESOLUTION NO. 2023-36 OF DENIAL Getschow stated the applicant submitted applications to construct a 211-unit multifamily apartment building on a 7-acre property located in the northwest quadrant of the intersection of Valley View Road and Topview Road. The proposed building is five stories with one level of underground parking. The applications include Guide Plan Change, PUD Concept Review, PUD District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat. The City Council held a public hearing on the project on August 16, 2022 and directed staff to prepare findings for denial of the applications. He noted the Comprehensive Plan guides the area for commercial rather than residential. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution No. 2023-36 Denying the Applications of Ryan Companies for a Comprehensive Plan Amendment, Planned Unit Development Concept Review, Planned Unit Development District Review with Waivers, Zoning Change, Site Plan, and Preliminary Plat for the Eden Prairie Multifamily Project. Motion carried 5- 0. B. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 6- 2023 AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO THE MEMBERSHIP RANGE FOR THE HERITAGE PRESERVATION COMMISSION AND THE PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION CITY COUNCIL MINUTES March 7, 2023 Page 4 Getschow noted the Council recently conducted interviews for Commissions and noted two Commissions could be expanded. It has been done previously with the Human Rights and Diversity Commission and Sustainability Commission. Getschow explained currently, the membership of the Heritage Preservation Commission is set at seven members. Adjusting the Heritage Preservation Commission to a range of seven to nine members, instead of seven members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Getschow added the current membership of the Parks, Recreation, and Natural Resources Commission is set at seven to nine members. Adjusting the Parks, Recreation, and Natural Resources Commission to a range of seven to eleven members, instead of seven to nine members, will provide the City Council with more community engagement and flexibility in making appointments to this Commissions each year. Getschow pointed out the expansion vote would need to be unanimous in order to combine the first and second readings. The vote is particularly important considering commission appointments are later on in the agenda. MOTION: Nelson moved, seconded by Freiberg, to approve First and Second Reading of an Ordinance No. 6-2023 Amending City Code Section 2.23, Subd. 3, relating to the membership range for the Heritage Preservation Commission and the Parks, Recreation, and Natural Resources Commission. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION NO. 2023-37 APPROVING THE USE OF 2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS RECOMMENDED BY THE EDEN PRAIRIE HUMAN SERVICES REVIEW COMMITTEE Getschow stated every year there is a public hearing and a resolution adopted to allocate Community Development Block Grant (CDBG) funds. Eden Prairie’s 2023 CDBG allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff estimates a 2023 allocation of $280,000, and CITY COUNCIL MINUTES March 7, 2023 Page 5 this figure was used by the Human Services Review Committee to make its funding recommendations for 2023. Once the actual allocation amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. Getschow noted about one-third of the funds go towards housing funds such as the housing rehab program, first-time homebuyer program, housing trust program, and other rehab loans. Getschow explained there are regulations stipulate that Public Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the prior year Program Income received. An additional $80,000 in prior year Program Income will be used for 2023 activities which will bring the total funding amount to $360,000 which includes the maximum public service funding amount of $67,000. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. Getschow stated the Human Services Review Committee reviewed the 2023 CDBG proposals and recommends the following activities be funded. $30,000 to PROP for Housing Support Services, $15,000 to PROP for Emergency Vehicle Repair, $,000 to PROP for childcare, and $18,000 to Household and Outside Management for the Elderly (HOME) through Senior Community Services. Case noted the allocations of CDBG through HUD are based on population. He asked if there is an update on applying for additional funds based on information from his trip to Washington D.C. Getschow stated it likely wouldn’t be an application process but instead an additional allocation. John Berkau, representative of HOME, stated the program supports seniors to age in place through home maintenance, repair, and home safety checks. In 2022, HOME started a technology service to help educate seniors. They offer appointments in-home or at the Senior Center. Laptops and tablets were donated from the City and are available for seniors to check out. He added there were also gifts donated and distributed to seniors. He thanked the City for their ongoing partnership and support. Brenda Lano-Wolke, Executive Director of Homes Within Reach, explained housing prices are still extremely high. As of January 1, 2023, the average sale price was over $450,000. Homes Within Reach buy older homes in communities and make them safer for living. The goal is for the new homeowner to avoid doing any repairs on the home for about 10 years. Ms. Lano-Wolke noted Homes Within Reach have helped 23 community members in Eden Prairie to afford a home. The average income of those families is 50 percent area median income. One family they helped was a single mother who commuted 40 miles for her daughter to attend school and CITY COUNCIL MINUTES March 7, 2023 Page 6 for her to work in Eden Prairie. Jennifer Loon, Executive Director of PROP, thanked Eden Prairie for the excellent ongoing partnership with PROP. The funds have helped to provide childcare in times of dire need and also to increase access to housing. In comparison to the previous fiscal year, there has been a 100% increase in car repair, nine times as many childcare assistance cases, a 64 percent increase in housing support. The funds for the current fiscal year have almost all been expended in only seven months, so the allocations from Eden Prairie are needed and impactful. Narayanan asked why the services are increasing so much. Ms. Loon stated inflation, high rent prices, and lack of affordable housing have impacted the increase in need for services. They have also been working with families that has experienced domestic violence or other difficult circumstances such as job loss and sickness. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing, and to adopt Resolution No. 2023-37 approving the distribution of 2023 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Case stated the local government cannot provide all of the services needed in a community. However, there are phenomenal organizations such as PROP, HOME, and Homes Within Reach to provide additional assistance to the community. Toomey agreed the nonprofits do great work and are always fundraising to provide more services. VOTE ON THE MOTION: Motion carried 5-0. B. SUPERIOR TECH LOADING DOCK ADDITION BY CUSHMAN & WAKEFIELD. RESOLUTION NO. 2023-38 FOR SITE PLAN ON 10.34 ACRES Getschow stated the applicant is requesting approval of a minor site plan amendment for 6509 Flying Cloud Drive, which is occupied by a multi-tenant office building known as Superior Tech. The applicant is proposing to add an approximately 450 square foot building addition for a new loading dock on the northeast leg of the main structure. This addition would be similar to an existing loading dock on the southwest leg of the building. This project is accommodating a new tenant, Elucent Medical, that is moving into the space in May 2023. The plans are code compliant and meet standards related to screening, setbacks, and exterior building materials. CITY COUNCIL MINUTES March 7, 2023 Page 7 Gordon Strom, representative of RSP Architects, began the presentation. He showed an aerial view of the site and explained where the additional loading dock would be added. There would be a minor traffic impact with one or two additional trucks accessing the building daily. Mr. Strom stated Staff asked the applicant to provide more screening, so four trees will be added. The loading dock would require removal of two trees. He showed a photo of the location of the new loading dock from the perspective of Flying Cloud Road. Mr. Strom then showed example images of the new loading dock. Narayanan asked what they do. Mr. Strom stated he is an architect with RSP Architects who are working with Buell Investments, the owner of the building. No one wished to address the Council. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to adopt Resolution No. 2023-39 for a Site Plan Review on 10.34 acres. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. 2023 COMMISSIONS Getschow stated there were numerous interested parties for the Commissions, and the Council just interviewed the applicants. Each appointment would begin April 1, 2023 and run for three years. An orientation for new members will be held in late March. Anyone not chosen by the Council are still encouraged to apply again in the future or be involved in the Government Academy. MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Dorson, Vinod Pillai, and Nick Rogers with terms ending March 31, 2026. Narayanan moved to appoint to the Heritage Preservation Commission Rod Fisher, Catherine Lau, Steven Schumacher, and Melanie Willett with terms ending March 31, 2026. Case moved to appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice Erickson, Duane Hookom, Annie Klodd, Tom Poul, and Shanti Shah with terms ending March 31, 2026. Nelson moved to appoint to the Planning Commission Andrew Pieper, Phou Sivilay, and Charles Weber with terms ending March 31, 2026. Freiberg moved to appoint to the Sustainability Commission Michelle Frost, Jim Nehl, and Moussa Ousmane with terms ending March 31, 2026. Toomey moved to appoint to the Human Rights and Diversity Commission Samuel Griffin with terms ending March 31, 2026. CITY COUNCIL MINUTES March 7, 2023 Page 8 Nelson seconded the motion. Motion carried 5-0. B. 2023 COMMISSION CHAIRS AND VICE CHAIRS Case noted the Council relies on the recommendations of Staff for the appointments. Getschow added every Chair being appointed is the current Chair of the respective Commission. MOTION: Toomey moved to appoint Daniel Dorson- Chair and Marc Morhack- Vice Chair of the Flying Cloud Airport Advisory Commission. Narayanan moved to appoint Rod Fisher- Chair and Paul Thorp- Vice Chair of the Heritage Preservation Commission. Case moved to appoint Patrice Erickson- Chair and Tom Poul- Vice Chair of the Parks, Recreation and Natural Resources Commission. Nelson moved to appoint Andrew Pieper- Chair and Ed Farr-Vice Chair of the Planning Commission. Freiberg moved to appoint Aaron Poock- Chair and Cindy Hoffmann- Vice Chair of the Sustainability Commission. Toomey moved to appoint Gregory Leeper- Chair and Shahram Missaghi- Vice Chair of the Human Rights and Diversity Commission. Freiberg seconded the motion. Motion carried 5-0. C. 2023 BOARD OF APPEAL AND EQUALIZATION Getschow noted the Board is specialized and meets very rarely. It consists of real estate professionals from various businesses and backgrounds. The appointment is only for one year. MOTION: Narayanan moved to appoint to the Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark Hoffman, and Scott Werdal for the period of March 7, 2023 through May 31, 2023, or until the Board of Appeal and Equalization completes its work. Seconded by Freiberg. Motion carried 5-0. XIV. REPORTS XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:45 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 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 Move to: Approve the licenses listed below Raffle Organization: UnitedHealthcare Children’s Foundation Place: Bearpath Golf & Country Club 18100 Bearpath Trail Date: July 31, 2023 Organization: UnitedHealthcare Children’s Foundation Place: Olympic Hills Golf Club 10625 Mount Curve Road Date: July 31, 2023 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE March 21, 2023 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Community Center Gym Floor Replacement ITEM NO. VIII.B. Requested Action Move to: Award contract to FieldTurf USA Inc., to replace the Community Center Gym Flooring for $138,032 Synopsis Minnesota Statutes Section 471.345, subdivision 15, permits the City to contract for the purchase of supplies, materials, or equipment without regard to competitive bidding requirements if the purchase is through a cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The City participates in a cooperative purchasing program called Sourcewell, formerly the National Joint Powers Alliance, which is a service cooperative created by Minnesota law and authorized to establish competitively awarded purchasing contracts on behalf of its participating entities. In 2022, Sourcewell competitively bid and awarded a contract to Field Turf USA, Inc., for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies. As a participating entity, the City will use this Sourcewell contract with Field Turf USA for the installation of a new gym floor. Use of the cooperative purchasing contract enables the City to save time and money for purchases of equipment and installations under price terms already negotiated by Sourcewell. Background As part of the 2023 Capital Improvement Plan the gym floor at the Community Center is due for replacement, it is cracking and failing in multiple locations. The replacement floor system comes with a 25-year warranty and will have an updated appearance as a faux golden maple wood floor. The floor system will be a rubber base with a hardened membrane on the top which is ideal for a multiple sports flooring. Attachments Standard Construction Contract with FieldTurf 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 21st day of March 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and FieldTurf USA, Inc, a Georgia Corporation (hereinafter "Contractor") whose business address is 175 N. Industrial Blvd NE Calhoun, GA 30701_. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for removal of current gym floor system and installation of a new gym floor system hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by June 5th, 2023. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $138,032 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 13 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 13 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to initiate actions to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. Standard Construction Contract 2018 08 01 Page 4 of 13 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 13 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take temporary possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other direct and reasonable costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. ] Standard Construction Contract 2018 08 01 Page 6 of 13 16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 17. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of Standard Construction Contract 2018 08 01 Page 7 of 13 operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. Standard Construction Contract 2018 08 01 Page 8 of 13 f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the Standard Construction Contract 2018 08 01 Page 9 of 13 City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. Standard Construction Contract 2018 08 01 Page 10 of 13 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. Notwithstanding anything to the contrary, the City and the Contractor waive all claims against each other for punitive, special and consequential damages, including but not limited to damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all direct costs and expenses, including 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. Standard Construction Contract 2018 08 01 Page 11 of 13 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. Standard Construction Contract 2018 08 01 Page 12 of 13 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract 2018 08 01 Page 13 of 13 Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Police Department Lieutenant Jennifer Ficcadenti ITEM DESCRIPTION: Declare Abandoned Property Declare Excess Property ITEM NO.: VIII.C. Requested Action Move to: Adopt Resolution declaring property as abandoned and excess Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment and miscellaneous items that remain unclaimed and/or have been deemed excess property. Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivisions 2 C & 3 B., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution Exhibit A – Abandoned Property Exhibit B – Converted Property Exhibit C – Surplus Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code Section 2.86, Subdivision 2 requires adoption of a resolution by the City Council to declare unclaimed property such as bicycles, electronic equipment, and miscellaneous items as “abandoned property;” and WHEREAS, certain property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS, the property remains unclaimed by the owners; and WHEREAS, the property has been in the possession of the City for over 90 days. NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as “abandoned property” to be disposed of as provided in City Code § 2.86, Subd. 2.C. ADOPTED by the City Council on March 21, 2023. _____________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk Abandoned Property for Auction June 30, 2021 - March 08, 2023 Exhibit A Tag #Description of Property Serial Number 40411 Mophie Juice Pack Plus for iPhone 6 and 6s 35847 Metabo HPT power drill JO80097 39973 Infinity Boss Three bicycle JK197223923 35753 Mongoose bicycle SNFSD17HH4483 31089 Multimeter 31091 Black & Decker jig saw 26182 Pokemon Elite Trainer box trading cards 26183 Pokemon Elite Trainer box trading cards 26185 49 packets of Pokemon/Magic trading cards 26232 Kolibri money counter (SWHDTF) 34620 Tekna Pro paint gun 25139 8 quart pressure cooker (SWHDTF) 36617 Bicycle 33554 Lew's Carbon Fire Speed Spin reel 33555 Lew's Carbon Fire Speed Spool 28216 Cassida money counter (SWHDTF) 28255 Cabela's heat sealer and plastic rolls 33556 Blackout Stabilizer 39330 Apple Air Pods with charger 39428 Apple airpods in case 36404 Armitron woman's watch 36252 NEXT PX6.0 bicycle LWLH005675 36251 Hardrock Specialized bicycle WSBC60610365J 40609 Huffy Nighthawk mountain bicycle 5634702418A 38828 Mongose Excursion bicycle SNFSD20M55934 39782 Northrock XC00 bicyle C3CC7378 39784 Black textured purse with matching small black bag 39917 Cannondale M400 bicycle 6L5N18/ CB1030212460 39325 Schwinn High Timber 21 speed girls bicycle SNMNG0M35521 40274 Michelob Ultra bicycle AJ1018932 37735 Louis Vuitton bag 31839 Coach perfume set 40585 Jamis bicycle WLH707016M 41050 ExoLens Wide-Angle Lens System 41018 Fisher-Price Diaper Backpack 39331 Five miscellaneous watches 40412 Four assorted bottles of perfume 38535 Four safety vests 35148 Garmin Forerunner 235 watch 35149 Go Pro camera C3151025172282 35981 Granite Peak Roadmaster bicycle 40422 Hard Rock Classic bicycle P6LH00838 35279 GT outpost trail bicycle 88U14348 37250 Hyper Shocker 2G bicycle TC20E036599 28145 Rapid pump floor jack 37373 LG sound bar 37049 Trail Cam 17580 Chanel perfume 33627 Polo Ralph Lauren grey XL pants & XXL sweatshirt 17584 Michael Kors womens's purse and wallet 17585 Apple Macbook Pro C02RX1RAG8WN 37376 Two Caribean Joe watches 41869 Anthony Jacobs stainless steel ring - Size 12 19107 HP printer, scanner, and copier 17198 Silver chain with loop-shaped design and small diamond or crystal 17200 Silver and gold women's Citizen quartz watch 17201 Silver women's ring with pearl-like stone and small jewels on bezel 34568 Dr. Martens Air Wair boots - Size 11 35469 TREK 220 mountain track bicycle WTU184P0357A 33333 Makita drywall drill 13954 36358 Milwaukee Packout wet/dry vacuum 33334 Makita skill saw M1413769 33335 Poulan Pro chain saw with case 33336 Allied bolt cutter model 750 33337 Hitachi nailer model NR90AD 33338 Makita roofing nailer 33325 Paslode nailer model F350S 33326 Paslode nailer model F350S 34572 14.5 TCW quartz earrings 33327 Paslode nailer model F350S 33328 Paslode nailer model F350S 36357 Craft tool 33329 Paslode S200 utility stapler 33330 Paslode S200 utility stapler 33331 Milwaukee sawzall B02E314340090 33332 Bostitch nailer 30513 Samsonite suitcase 30527 Shark vacuum 30514 Steve Madden shoes 30519 Miscellaneous Nike clothing 39250 M18 red lithium high output XC6.0 flashlight 38540 Men's fleece and long sleeve shirt 40407 Michael Kors purse 33513 Two cubic zirconia necklace and earring sets 40868 Nishiki Tamarack boys bicycle ED180600263 39785 Pink textured purse with matching small pink bag 30588 Portable grill 36539 Pacific Trailblazer bicyle SNFSDD4EK5675 36370 Specialized Holtrock bicycle ACJ06D046119 38660 Hyper Shock bicycle TZ20L06160B 38659 Roadmaster diamondback bicycle U6YK63481 37242 Roadmaster Granite Peak SNFSD19ME3648 35980 Jamis "Citizen" bicycle U29Y35189 41016 Steve Madden purse 38539 Swiss Tech boys coat 35682 Kulana Hiku bicycle SNFSD16K52906 38541 Three men's T-shirts 37148 Trek 820 bicycle TBI0415, 305LK0954R, 1015V1110 40408 Two bottles of Chance by Chanel perfume 40409 Two bottles of Chance by Chanel perfume 40410 Two bottles of Chance by Chanel perfume 38538 Two pair of Good Fellow jeans 38536 Two pair of Goodfellow jeans 38537 Two pair of Goodfellow jeans 41017 Aldo brand purse 40156 Trek bicycle BI0407 Converted Property June 30, 2021 - March 08, 2023 Exhibit B Tag #Description of Property Serial Number 19905 Cash - $1,025.00 (to City General Fund) 39329 Cash - $19.00 (to City General Fund) 29567 Cash - $22.00 (to City General Fund) 40041 Cash - $32.00 (to City General Fund) 26846 Cash - $41.00 (to City General Fund) 35089 Cash - $5.00 (to City General Fund) 19904 Cash - $94.00 (to City General Fund) 34795 USB drive (to Forensic Unit) 28280 Cash - $103.00 (to Street Crimes Unit) 28273 Cash - $120.00 (to Street Crimes Unit) 28279 Cash - $160.00 (to Street Crimes Unit) 28275 Cash - $180.00 (to Street Crimes Unit) 28282 Cash - $210.00 (to Street Crimes Unit) 28218 Money Counter (to SWHDTF) 28284 Cash - $31.00 (to Street Crimes Unit) 28283 Cash - $380.00 (to Street Crimes Unit) 28278 Cash - $422.00 (to Street Crimes Unit) 28274 Cash - $74.00 (to Street Crimes Unit) 28272 Cash - $82.00 (to City General Fund) 41344 Cash - $59.00 (to City General Fund) 36046 Bushnell white rangefinder (to SWAT)10602 29944 HP laptop (to Forensics Unit) 35816 iPad (to Forensics Unit)DMPFQE5JQ1GFG 26041 18" Kobalt bolt cutter (to SWAT) 24373 Cash - $6.33 (to City General Fund) 37270 Cash - $17.00 (to City General Fund) 35695 Dewalt cordless drill set (to SWAT) 28155 Cash - $40.00 (to City General Fund) 32959 Cash - $10.00 (to City General Fund) 21068 Cash - $150.00 (to City General Fund) 21080 Cash - $60.00 (to Street Crimes Unit) 21057 Cash - $100.00 (to City General Fund) 21059 Cash - $185.00 (to Street Crimes Unit) 27102 Cash - $40.00 (to Street Crimes Unit) 35117 Dewalt cutters (to SWAT) 28148 Crow bar (to SWAT) 23566 Cash - $2.90 (to City General Fund) 35815 Cash - $0.51 (to City General Fund) 24144 HP laptop (to Forensics Unit) 19906 Cash - $115.00 (to City General Fund) 34546 Cash - $6.00 (to City General Fund) 35599 Cash - $23.66 (to City General Fund) 36359 Dewalt compact chainsaw (to SWAT) 30529 Cash - $1.25 (to City General Fund) 34445 Cash - $0.34 (to City General Fund) 28563 Cash - $110.00 (to City General Fund) 39754 Milwaukee drill and drill bits w/ case (to SWAT) 37433 Cash - $7.55 (to City General Fund) 34567 Apple iPad (to Forensics Unit) 25908 USB drive (to Forensic Unit) 35352 Cash - $200.00 33852 USB drive 31102 USB drive 34616 USB drive 26169 USB drive 36607 USB drive 26139 USB drive 32234 USB drive 26773 USB drive 34436 USB drive 25474 USB drive 24357 USB drive 31699 USB drive 35503 USB drive 35504 USB drive 33363 USB drive 34559 USB drive 35702 USB drive 35988 USB drive 24228 USB drive 32308 USB drive 32236 USB drive 20052 USB drive 26210 USB drive 24965 USB drive 26963 USB drive 36151 USB drive 27039 USB drive 32539 USB drive 34132 USB drive 41483 USB drive 27241 USB drive Surplus Property Police Equipment Exhibit C Item #Description of Property Serial Number 1 Security Cash Box N/A 2 Canon Power Shot Digital Camera & Accessories 6725039463 3 Dog Food Container N/A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Approve Agreement with Hartman Company for the Miller Park Ballfield Drainage Project ITEM NO.: VIII.D. Motion Move to: Accept the proposals and approve the Agreement for Contracted Services with Hartman Company for the Miller Park Ballfield Drainage Project in the amount of $63,638.00. Synopsis Some of the ballfields at Miller Park are often too wet and unplayable in the spring and after moderate rainfall. These fields are often taken out of play and not available for use during these times. City staff worked with a couple of local companies to determine if a drainage system could be added to these fields to improve their playing conditions. Staff decided on a plan and received quotes from three vendors for the installation of this system to fields #2 and #6. The low quote was from Hartman Company. Staff has worked with Hartman on similar projects before and have been impressed with the work that they do and recommend approval of this contract. Funding for this project was included in the Capital Improvement Program. Attachment Agreement for Contracted Services with Hartman Company 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 21st day of March, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hartman Companies, a Minnesota Company (hereinafter "Contractor") whose business address is 8011 Bavaria Road, Victoria, MN 55386. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the Miller Park Ballfield Drainage Project hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of March 21, 2023. The Work shall be completed by August 31, 2023. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $63,386.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 11 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award contract for Nesbitt Preserve Park Trail and Pavement Improvements to Minnesota Roadways Co. ITEM NO.: VIII.E. Motion Move to: Award contract for the rehabilitation of the parking lot, several aging trail sections, basketball court, and installation of two new pedestrian ramps at Nesbitt Preserve Park to Minnesota Roadways Co. in the amount of $292,972.35. Synopsis In recent years the Parks and Recreation Department has made several improvements to Nesbitt Preserve Park. These updates include the rehabilitation of the playground equipment (2019), installation of a new splashpad (2022), and installation of a new cricket pitch (2022). Several additional existing assets within the park are now in need of rehabilitation as well. This project will bring this park back up to a standard that will be honored with a grand re-opening of this facility. Background The scope of this project is to replace failing bituminous in the parking lot, several sections of trail, and basketball court. The existing bituminous has depressions and is cracking and raveling. Additionally, two new pedestrian ramps will be installed at two trail heads leading into the park bringing this localized trail network up to ADA Standard compliance. The staff estimate and budget for this project was $349,554.00. The funding for this rehabilitation project comes from the Capital Maintenance and Reinvestment funding. The summary of the bids submitted is as follows: 2023 Nesbitt Park Trail & Pavement Improvements Minnesota Roadways Co. $292,972.35 BKJ Land Co II dba BKJ Excavating $305,531.50 Park Construction Company $313,226.75 OMG Midwest Inc. dba Minnesota Paving & Materials $323,940.00 Northwest Asphalt Inc. $336,683.69 Sunram Construction Inc. $376,411.00 New Look Contracting Inc. $387,963.00 Urban Companies $403,160.74 Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 21st day of March, 2023, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minnesota Roadways Co., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees 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. 23816 Nesbitt Preserve Park Trail & Pavement Improvements 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 $292,972.35. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Ronald A. Case, City Mayor __________________________________ By_______________________________ Rick Getschow, City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Outdoor Recreation Grant Program – Homeward Hills Playground ITEM NO.: VIII.F. Requested Action Move to: Adopt the resolution authorizing staff to submit a grant request to the Minnesota DNR Outdoor Recreation Grant Program for the Homeward Hills Playground improvement project. Synopsis The Minnesota DNR is seeking local government units (LGU) interested in increasing and enhancing outdoor recreation facilities in local and community parks. There are two sources of funding for the Outdoor Recreation Grant Program (ORGP): federal and state funds. Federal funds come from the Land and Water Conservation Fund (LWCF) and State funds come from “In Lieu Of” lottery proceeds. These funds are set aside to assist LGU’s in providing facilities to connect community members with the outdoors. These grants will be made through the Outdoor Recreation Grant Program. To apply for the grant, it must be submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. Staff would complete the application and oversee the construction if the award is successful. Funding received from the grant would cover up to $350,000. Background The purpose of these grants is to provide funding to help LGU’s to acquire, develop, and/or redevelop local parks and recreation areas with the intent of creating a greater connection to the outdoors among local and surrounding community members. Eligible projects include internal park trails, picnic shelters, playgrounds, athletic facilities, boat accesses, fishing piers, swimming beaches and campgrounds. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes the need for the facility and how the facility will provide a high-quality experience through thoughtful design, programming, and interpretation. Considerations include how the project will connect people to the outdoors while also promoting sustainability, accessibility, and diversity. These grant funds will be used at Homeward Hills Park to redevelop the playground into a space that better serves our community as well as the programs offered by the Eden Prairie Parks & Recreation Department. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- RESOLUTION AUTHORIZING SUBMISSION TO OUTDOOR RECREATION GRANT PROGRAM FOR PLAYGROUND EQUIPMENT BE IT RESOLVED that the City of Eden Prairie act as legal sponsor for the project contained in the Outdoor Recreation Grant application to be submitted on March 31, 2023 and that Jay Lotthammer is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Eden Prairie. BE IT FURTHER RESOLVED, that the applicant maintains an adequate Conflict of Interest Policy and, throughout the term of the contract, will monitor and report any actual or potential conflicts of interest to the State, upon discovery. BE IT FURTHER RESOLVED, that The City of Eden Prairie has the legal authority to apply for financial assistance, and it has the financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance, and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED, that the City of Eden Prairie has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED, that the City of Eden Prairie has or will acquire fee title or permanent easement over the land described in the boundary map or recreational site plan included in the application. BE IT FURTHER RESOLVED, that upon approval of its application by the State, the City of Eden Prairie may enter into an agreement with the State for the above-referenced project, and that the City of Eden Prairie certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED, that the City of Eden Prairie City Council is hereby authorized to execute such agreements as necessary to implement the project on behalf of the applicant. ADOPTED by the City Council on March 21st, 2023. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: March 21, 2023 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Standard Agreement for Contract Services with Precision Utilities, Inc. for Water, Sewer, and Stormwater Utility Repairs ITEM NO.: Requested Action Move to: Approve the Standard Agreement for contract Services with Precision Utilities, Inc. for Water, Sewer, and Stormwater Utility Repairs in the amount of $170,000. Synopsis This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis. Background Information Eden Prairie’s water, sewer, and stormwater systems require emergency excavation and repair at times, and this contract provides for these services. Utilities Division previously requested quotes from Parrott Contracting, Valley Rich Company, and Krueger Excavating, intending to distribute work among these three contractors depending on who is available at the time of the emergency repair or scheduled project. Parrott Contracting failed to provide a proposal leaving us with limited options. Contracts were awarded to Valley Rich and Krueger only. Precision Utilities from Mayer, MN has subsequently offered their services at rates which are very competitive with the others, and they have a great deal of flexibility in being able to respond to our after-hours emergency requests. We are therefore requesting approval of the attached emergency repair contract with Precision Utilities to better meet our emergency service needs. All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. Attachment Attach – 1 Agreement VIII.G. Master Agreement for Contract Services This Agreement (“Agreement”) is made on the 7th day of September, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _ Precision Utilities, Inc_, a Minnesota _corporation_(hereinafter "Contractor") whose business address is _14067 62nd Street, Mayer, MN 55360_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for _Water and Sewer Utility Leak Repairs_ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete water and sewer utility leak repairs as requested by the City. The services are described in the City’s “Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures” Revised 2022 and the City’s “Standard Detail Specifications for Water Main Systems” Revised 2023 (collectively the “Specifications”) which are available upon request from the Manager of Utility Operations. All Work shall be performed by Contractor pursuant to a work order (“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any Contractor’s proposal and/or general conditions are not a part of this Agreement. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of _March_ 21, 2023. The Agreement shall continue for one (1) year thereafter unless terminated earlier as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services required to perform the Work. b. Contractor’s personnel must be neat appearing and abide by City’s no smoking policies. c. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the City, to present a first class operation. d. Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. Page 2 of 8 5. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made not to exceed $170,000 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City itemized invoices setting forth Work performed under this Agreement. A separate invoice shall be submitted for each Work Order after the Work requested by the Work Order is accepted in writing by the City. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated _Dan Lipe_ to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. Page 3 of 8 b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work under each Work Order: 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 $1,000,000 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 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured 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. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. Page 4 of 8 j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: Page 5 of 8 i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Page 6 of 8 __ Dan Lipe __ __14067 62nd St __ _______ __Mayer , Minnesota __________ __55360_________________________ Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Manager of Utility Operations City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any 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. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph Page 7 of 8 in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. 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. 19. 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. 20. 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. 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. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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 Contract. 25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing . 26. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations , amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein . 27 . Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager ::N--.7~R~Z_T_,_R ________ _ Dan Lipe Its: -----'P'"""r""e=s=id=ea..ant"------- Page 8 of8 Exhibit A: Work Order Utility Repair Contractor Work Order For Standard Agreement for Contract Services between Precision Utilities, Inc. and the City of Eden Prairie dated 21 March 2023 Address / Location of Repair Date Issued Time Issued Complete by date/time Water Storm Sewer Description of Repair Contractor Contact Contractor Contact Phone City Contact City Contact Phone City Obligations Contractor Responsibilities Traffic control Excavator Pavement and curb saw cuts Trench Box Dump with operator Compactor Water isolation and turn-on Skid-Steer Repair parts Traffic Control Fill material per city spec Repair parts per city spec Street surface restoration Asphalt replacement Curb restoration Concrete replacement Turf restoration Turf restoration Permits by City Contractor Locates by City Contractor Easement access City Contractor Notes 24 Hour Emergency Service www.precisionutilities.com 14067 62nd St Dan (612) 251-1976 Mayer, MN 55360 Cory (952) 232-8511 Rates with operator: Excavators:Rate / Hour Attachments:Rate / Day Labor:Rate / Hour Compaction:Rate / Day Other: Loaders: Rate / Hour Prices are in effect January 1, 2023 Addition Terms Terms: Mini $145 Hydro Hammer $275 Mid-Size $190 Plate Packer $240 Large $225 Laborer (7:00 am - 3:30 pm Mon-Fri)$120 Jumping Jack $100 Overtime (before/after 7:00-3:30 & Sat)$180 Plate Tamper $150 Double Time (Sundays & Holidays)$240 Walk Behind Drum $225 Mobilization (per job)$320 / Move Track Skid Loader $150 Trench Box $275 / Day Front End Loader $195 Permit fees incurred by Precision will be invoiced to the City. Precision Utilities is NOT responsible for any unmarked utilities. Precision Utilities is NOT responsible for locating/marking or repairing irrigation lines. All jobs are billed on a time and material basis with a retention of 0%. A 10% mark-up on all materials and subcontractors will be added. Net 30 days. Exhibit B: Rate Schedule CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Rodney W. Rue Public Works / Engineering ITEM DESCRIPTION: I.C. 04-5632 Approve Amendment to Agreement Regarding Special Assessments for Pioneer Trail Improvements ITEM NO.: VIII.H. Requested Action Move to: • Approve Amendment to Agreement Regarding Special Assessments with Lot 1, Block 1, Pioneer Trail Eden Prairie Addition for Pioneer Trail Street and Utility Improvements Synopsis This Amendment to Agreement Regarding Special Assessments modifies a previous Special Assessment Agreement against the property described as Lot 1, Block 1, Pioneer Trail Eden Prairie Addition (addressed as 13075 Pioneer Trail) and developed as Abra Auto Body in 2019. The original Special Assessment Agreement included language that required preparation of a feasibility report. The parties desire to amend the agreement to remove the City’s obligation to prepare a feasibility report in exchange for a 10% reduction in the amount of the special assessment contemplated in the original Special Assessment Agreement. 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 that will be rehabilitated. In addition, MAC has requested that the City extend sanitary sewer and watermain infrastructure to serve their developable parcels. A Joint Powers Agreement with MAC has recently been executed to reimburse the City for the costs of the utility and street improvements associated with their parcels. 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 and joint power agreements. Attachments • Amendment to Agreement Regarding Special Assessments AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS IS MADETHIS-dayof-,2023,betweentheCityofEdenPrairie,aMinnesota municipal corporation, (the "City") and Pioneer Trail Holdings LLC, a Minnesota limited liability company (the "Owner"). A. The City and Owner's predecessor-in-interest entered into that certain Agreement Regarding Special Assessments dated May 1, 2019 andfiled on May 7,2019 with the Hennepin County Recorder's Office as Document No. 10656299 and with the Hennepin County Registrar of Titles' Office as Document No. 5610866 (the "Original Agreement"), regarding property legally described as Lot 1, Block 1, Pioneer Trail Eden Prairie Addition, Hennepin County, Minnesota (the "Property"). The Original Agreement and this Amendment will be collectively referred to as the "Agreement." B. The Original Agreement addressed the financing of the public street and utility improvements adjacent to the Property to be constructed by the City (he "Pioneer Trail Improvements"). C. The parties wish to amend the Original Agreement to remove the City's obligation to prepare a feasibility report in exchange for a reduction in the amount of special assessments that are subject to the Agreement. AGREEMENTS IT IS HEREBY AGREED thatthe Original Agreement is hereby amended by deleting paragraphs 1 through 9 in their entirety and replacing them with the following: 1. The Owner consents to the levying of assessments against the Properly for the construction, and maintenance of the Pioneer Trail Improvements in an amount not to exceed $124,000. The assessments will be payable in equal annual payments over a period not to exceed twenty (20) years. 2. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment, up to the amount stated in paragraph 1, is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessments to be levied against the Property. The Owner waives all rights it has by virhre of Minnesota Statute 429.081or otherwise to challenge the amount or validity of the assessments up to the amount stated in paragraph l, or the procedures used by the Clty in apportioning the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph t hereof the City may upon request of the owner of the properly affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 9. This Agreement constitutes a lien upon the Property in the amount of $124,000 until such time as the assessments referred to above are levied. IN WITNESS WHEREOF, the parties to this Amendment have executed this Amendment as of the day and year listed above. OWNER: Holdings LLC STATE OF MINNESOTA ) ) ss. COUNTY Of ocvusfD I DAVID M. PEDEHSON NOTARY PUBUC . MINNESOTA My Comm. Exp. Jan. 3'1,2026 The foregoing instrument was acknowledged before me this Gt\ aay of frlrruq,v,/ ,2023,by E;onqrd, ?onho{( , the W*\(lenl of fioneer Trail Holdings LLC, aMinnesota limited liability company, on behalf of the company. By: CITY OF EDEN PRAIRIE Ronald A. Case Its Mayor Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. coUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ duy 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 behalf of the city. Notary Public Trus INSTRUMENT wes DRarrED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 By: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 21811 Award Contract for the Willow Creek Culvert Replacement project to Valley Paving Inc. ITEM NO.: VIII.I. Requested Action Move to: Award contract for the Willow Creek Culvert Replacement project to Valley Paving Inc. in the amount of $568,432.53. Synopsis Six bids were received on Thursday, March 9, 2023 for this project. The bids received are summarized as follows: Valley Paving, Inc. - $568,432.53 Minger Construction Co. Inc. - $625,605.00 Meyer Contracting, Inc. - $650,981.87 New Look Contracting, Inc. - $749,740.00 Geislinger & Sons - $804,017.50 Urban Companies - $1,645,061.92 City staff recommends awarding the contract for the project to Valley Paving Inc., in the amount of $568,432.53. Background Information This contract provides for the removal and replacement of the existing culvert crossing along Willow Creek Road. The existing Willow Creek Road bridge is constructed of a concrete slab deck over two metal pipe culverts, which serve as the outlet to Bryant Lake within the Nine Mile Creek Watershed District. Over the years the traveling surface has been widened beyond the concrete deck and the existing metal pipes, added as part of the expansion, are showing serious signs of deterioration and corrosion and in need of replacement. Project Cost Summary The Valley Paving, Inc. low bid represents a 13% decrease from the engineer’s estimate. This project will utilize Capital Maintenance and Reinvestment Funds, Storm Water Utility Funds and a portion of Sewer Access Charges. Attachment Contract Agreement 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 21st day of March 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Valley Paving, Inc., a Minnesota corporation, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. # 21811, Willow Creek Culvert Replacement 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 $568,432.53. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions C-2 21811 Willow Creek Culvert Replacement (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy. (signature pages follow) C-3 21811 Willow Creek Culvert Replacement IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation. _____________________________ Notary Public CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 21, 2023 DEPARTMENT/DIVISION: Public Works / Engineering Ashton Kogel ITEM DESCRIPTION: Adopt the Resolution Establishing Municipal State Aid Streets ITEM NO.: VIII.J. Requested Action Move to: Adopt Resolution Establishing Municipal State Aid Streets. Synopsis Based on the criteria established for Municipal State Aid Street (MSAS) designations, the City qualifies for a maximum MSAS mileage designation of 47.10 miles. The requested designation of Regional Center Road, Viking Drive and Fountain Place has received preliminary approval from MN/DOT and will add 0.59 miles of municipal state aid streets to our system increasing the City’s MSAS mileage designation to 47.06 miles. Background Information Annually, Cities in Minnesota with populations in excess of 5,000 are required by Minnesota Statutes to provide information concerning their overall and municipal State Aid Street system to the Commissioner of Transportation. Necessary information includes street mileage, construction needs and population of the municipality. Based on the municipal street mileage, each City is entitled to designate 20% of its mileage as Municipal State Aid Streets (MSAS). In addition, Minnesota Trunk Highways whose jurisdiction has turned over to a municipality since July 1, 1965 and County Highway turnbacks since May 11, 1994 may also be included. State Aid funds are derived primarily from gas tax receipts and are distributed to municipalities based on population and determinations from the 25-year construction needs for the designated MSAS streets. The additional designation of Regional Center Road, Viking Drive and Fountain Place will increase our MSAS mileage to 47.06 miles out of a possible 47.10 miles. Attachments • Resolution • Eden Prairie MSAS Route Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eden Prairie that the streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law; and WHEREAS, the designated streets meet the criteria for inclusion in the Municipal State Aid Street System. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that the roads described as follows, to-wit: • Regional Center Road – from Prairie Center Drive (MSAS 111) to Flying Cloud Drive (CSAH 61) • Viking Drive – from Flying Cloud Drive (CSAH 61) to Prairie Center Drive (MSAS 101) • Fountain Place – from Columbine Road (MSAS 135) to Flying Cloud Drive (CSAH 61) Be, and hereby are established, located, and designated as Municipal State Aid Streets of the City of Eden Prairie, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Eden Prairie to be numbered and known as Municipal State Aid Street (MSAS): Extension of MSAS 135 - Regional Center Road Extension of MSAS 137 - Viking Drive MSAS 140 - Fountain Place ADOPTED by the Eden Prairie City Council on March 21, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST SEAL _______________________ Nicole Tingley, City Clerk SCENIC HEIGHTS RD COLUMBINERD PRESERVEBLVDPRAIRIECENTERDREDENPRAIRIERDHOMEWARD HILLS RDVALLEY VIEW RD A N D ERSON LAKES P K W YS I N G LETREE LN MITCHELL RDVALLEYVIEW RDM A RTIN DR VIKING DR W 78TH ST R OWLAN D RD RIVERVIEW R DEDENVALEBLVDFRANLO RDWALLACERDR O BERTS DR DELL RDCITY WEST P K WY WASHINGTONAVESDUCK LAKE RDT E C H NOLOGY D R D U C K L A K E T R L TOPVI EWR DRILEY LAKE RD STARIN G L A K E PKWY SHADY OAKRDREGIONAL CENTER RD FOUNTAIN PL VIKING DR edenprairie.org City of Eden Prairie Municipal State Aid Streets City of Eden Prairie Municipal State Aid Streets 0 0.5 1 Miles ² LegendLegend Proposed State Aid Designations Existing State Aid Designations CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 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 298750 - 299046 Wire Transfers 1032983 - 1033075 Wire Transfers 9378 – 9724 City of Eden Prairie Council Check Summary 3/21/2023 Division Amount Division Amount 100 City Manager 21,660 601 Prairie Village Liquor 88,251 101 Legislative 318 602 Den Road Liquor 180,458 110 City Clerk 436 603 Prairie View Liquor 100,327 111 Customer Service 509 605 Den Road Building 140 112 Human Resources 300 701 Water Enterprise Fund 262,092 113 Communications 5,868 702 Wastewater Enterprise Fund 386,749 114 Benefits & Training 9,788 703 Stormwater Enterprise Fund 484 131 Finance 369 Total Enterprise Fund 1,018,502 132 Housing and Community Services 500 136 Public Safety Communications 483 802 494 Commuter Services 27,444 151 Park Maintenance 14,880 806 SAC Agency Fund 4,970 153 Organized Athletics 2,977 807 Benefits Fund 920,579 154 Community Center 15,379 811 Property Insurance 10,697 156 Youth Programs 3,323 812 Fleet Internal Service 87,426 158 Senior Center 947 813 IT Internal Service 83,827 159 Recreation Administration 2,442 814 Facilities Capital ISF 17,421 162 Arts 6,199 815 Facilites Operating ISF 44,576 163 Outdoor Center 753 816 Facilites City Center ISF 62,935 180 Police Sworn 20,903 817 Facilites Comm. Center ISF 10,424 184 Fire 7,996 818 Dental Insurance 15,389 186 Inspections 3,461 820 Fencing Consortium 2,526 201 Street Maintenance 56,736 Total Internal Svc/Agency Fund 1,288,215 202 Street Lighting 80,176 Total General Fund 256,401 Report Total 2,606,396 301 CDBG 30 303 Cemetary Operation 114 Total Special Revenue Fund 144 308 E-911 301 309 DWI Forfeiture 1,012 509 CIP Fund 34,311 512 CIP Trails 5,555 513 CIP Pavement Management 881 541 DELL RD (CRESTWOOD TO CSAH 61)1,058 804 100 Year History 16 Total Capital Projects Fund 43,134 City of Eden Prairie Council Check Register by GL 3/21/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 299013 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee March 2023 9393 315,526 HEALTHPARTNERS Accounts Receivable Dental Insurance March 2023 Premiums 9380 299,762 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.24.23 9378 214,184 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.10.23 1033026 144,128 XCEL ENERGY Electric Various Funds Multi location electric 9414 103,580 MINNESOTA DEPT OF REVENUE Cash Over/Short Historical Culture 1033015 72,709 LOGIS LOGIS IT Operating 298976 49,950 DE NORA WATER TECHNOLOGIES Equipment Repair & Maint Water Treatment 298971 49,555 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 1033001 37,733 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts DELL RD (CRESTWOOD TO CSAH 61) 1033006 37,020 CENTERPOINT ENERGY Gas Prairie Village Liquor Store 1033027 33,429 ZIEGLER INC Equipment Parts Fleet Operating 9382 32,078 EMPOWER Deferred Compensation Health and Benefits 298898 26,747 TRAUT COMPANIES Improvement Contracts Water Capital 298867 23,261 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 9381 21,319 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 298933 18,577 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Den Road Liquor Store 298953 17,972 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 9719 17,690 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 298819 16,657 ASTLEFORD EQUIPMENT COMPANY INC Equipment Repair & Maint Fleet Operating 9405 15,924 WEX HSA - Employee Health and Benefits 1033025 13,740 WALL TRENDS INC Contract Svcs - General Bldg City Hall (City Cost) 298779 13,290 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 298849 13,277 GRAYMONT Treatment Chemicals Water Treatment 9716 13,047 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 298772 12,822 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 298926 12,683 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 298962 12,164 BRIN GLASS SERVICE Other Contracted Services Facilities Capital 298988 12,009 INDIGITAL INC Other Contracted Services IT Capital 299011 11,729 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 1033058 11,521 CENTERPOINT ENERGY Gas Senior Center 298990 10,836 INTEGRITY REMODELING & DESIGN GROUP LLC Contract Svcs - General Bldg Maintenance Facility 9402 10,124 CARD CONNECT Bank and Service Charges Community Center Admin 1033057 9,737 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 298975 9,698 DAVE'S FLOOR SANDING & INSTALLING INC Contract Svcs - General Bldg Dunn Brothers 298788 9,233 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 298949 8,811 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Prairie View Liquor Store 298795 8,666 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 298916 8,379 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Wine - Incentives Prairie Village Liquor Store 298901 7,928 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 298802 7,914 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 298895 7,800 TECH SALES CO Maintenance Contracts Water Treatment 298752 7,661 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 298821 7,623 BADGER METER Telephone Water Metering 298869 7,600 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 298864 6,979 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 298851 6,877 GUARDIAN FLEET SAFETY LLC Machinery & Equipment Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 298980 6,731 GRAYMONT Treatment Chemicals Water Treatment 298773 6,726 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 298942 6,687 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 9394 6,680 BPAS HRA Health and Benefits 298930 6,461 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 9397 6,027 CHASE Bank and Service Charges Historical Culture 1033071 5,916 STREICHERS Clothing & Uniforms Police Sworn 298808 5,805 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 9386 5,710 HEALTHPARTNERS Dental Insurance Dental Insurance 298911 5,674 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1033011 5,555 HANSEN THORP PELLINEN OLSON Other Contracted Services CIP Trails 298922 5,408 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 298820 5,310 AXON ENTERPRISE INC Training Supplies Police Sworn 299029 5,241 POSTMASTER Postage Communications 298785 5,161 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 299041 4,982 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 298766 4,968 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 299012 4,920 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 298845 4,900 EQUITY BUILDERS COMPANY Other Contracted Services Facilities Capital 298759 4,874 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 298797 4,812 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 9391 4,615 WEX FSA - Dependent Care Health and Benefits 298828 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 298753 4,467 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 299046 4,392 WOLD ARCHITECTS AND ENGINEERS Other Contracted Services Capital Maint. & Reinvestment 298998 4,388 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1033021 4,285 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 1033072 4,253 TOWMASTER INC Equipment Parts Fleet Operating 298870 4,198 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 9724 3,892 HEALTHPARTNERS Dental Insurance Dental Insurance 9404 3,846 HEALTHPARTNERS Dental Insurance Dental Insurance 299019 3,809 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 1033067 3,754 POMP'S TIRE SERVICE INC Tires Fleet Operating 1033065 3,735 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center 299031 3,711 SAFEASSURE CONSULTANTS INC Other Contracted Services Organizational Services 298946 3,621 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 298783 3,455 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 298774 3,382 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 298796 3,349 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1033008 3,307 GENUINE PARTS COMPANY Repair & Maint. Supplies Ice Arena Maintenance 298999 3,245 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance 494 Corridor Commission 298900 3,186 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 298914 3,129 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 298762 3,098 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 298852 3,052 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 298906 3,016 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 299040 2,907 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Softball 298855 2,846 INDEPENDENT SCHOOL DISTRICT 272 CAM - School City Center - CAM 298876 2,789 NAC Equipment Repair & Maint Park Shelters 1033017 2,771 METRO SALES INCORPORATED*Equipment Rentals IT Operating 299042 2,486 VAN PAPER COMPANY Deposits City Center - CAM Check #Amount Supplier / Explanation Account Description Business Unit Comments 298965 2,484 CENTURYLINK Telephone City Center - CAM 298893 2,477 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1033036 2,464 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 298804 2,412 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 298880 2,400 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services 298871 2,392 MHSRC/RANGE Training Fire 298939 2,375 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1033064 2,359 MENARDS Supplies - General Bldg Traffic Signs 299007 2,356 LUBE-TECH ESI Lubricants & Additives Fleet Operating 1033068 2,354 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Utility Operations - General 9413 2,339 INVOICE CLOUD INC Bank and Service Charges Historical Culture 1033038 2,310 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 298955 2,275 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development 298984 2,232 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Riley House 1033061 2,055 GRAINGER Supplies - HVAC Pool Maintenance 298770 1,962 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 298841 1,953 DURKEE, DAVID Other Contracted Services Winter Theatre 298981 1,935 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 299026 1,897 PERA Wages and Benefits 494 Corridor Commission 298764 1,881 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 298905 1,834 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 298862 1,796 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 298778 1,763 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 298776 1,752 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 298938 1,710 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 299003 1,700 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn 298793 1,661 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 298964 1,651 CENTERPOINT ENERGY Insurance Property Insurance 298806 1,643 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1033031 1,641 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 298920 1,637 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 9406 1,607 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 1033060 1,571 FACTORY MOTOR PARTS COMPANY Small Tools Fleet Operating 298929 1,535 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 298891 1,518 STONE SOURCE INC Contract Svcs - General Bldg Park Shelters 298754 1,512 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 298865 1,418 LEAGUE MN CITIES INS TRUST WC Insurance Fencing Consortium 1033063 1,405 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1033044 1,397 JOHNSTON, ROB Tuition Reimbursement/School Organizational Services 298800 1,377 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299043 1,366 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution 9415 1,334 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 299034 1,307 ST. LOUIS PARK, CITY OF Equipment Repair & Maint Wasterwater Collection 298861 1,300 KUNIK JOHN Other Contracted Services Winter Theatre 298842 1,295 EARL F ANDERSEN INC Signs Snow & Ice Control 298860 1,292 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn 1033034 1,274 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 298822 1,272 BATTERIES PLUS BULBS Operating Supplies Ice Arena Maintenance 298966 1,198 CENTURYLINK Telephone IT Operating 298883 1,192 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire 298881 1,175 READY WATT ELECTRIC Equipment Repair & Maint Emergency Management Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033074 1,166 XCEL ENERGY Electric Street Lighting 299036 1,148 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1032991 1,135 FLEETPRIDE INC Equipment Parts Fleet Operating 298848 1,112 GLASS & MIRROR OUTLET GLASSART DESIGN Contract Svcs - General Bldg Senior Center 298835 1,108 CRYSTAL, CITY OF Advertising Fencing Consortium 298866 1,100 LIFE SUPPORT INNOVATIONS Conference/Training Utility Operations - General 298986 1,091 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Park Shelters 298824 1,084 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 298931 1,080 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1033040 1,063 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 1033014 1,054 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1032989 1,036 CUSTOM HOSE TECH Equipment Parts Fleet Operating 298910 1,020 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1033005 1,017 CDW GOVERNMENT INC.Computers IT Operating 298878 1,005 NATIONAL BUSINESS FURNITURE Supplies - General Bldg City Hall (City Cost) 299006 991 LIFELOC TECHNOLOGIES INC Miscellaneous DWI Forfeiture 299039 990 UNITED RENTALS (NORTH AMERICA) INC Conference/Training Utility Operations - General 9396 986 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 1033003 985 BIFFS INC Waste Disposal Park Maintenance 298757 981 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 298983 971 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 298775 930 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 9383 920 WEX Other Contracted Services Health and Benefits 298925 915 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 9720 910 WEX FSA - Medical Health and Benefits 298814 910 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 1033009 891 GRAINGER Safety Supplies Arts Center 1032988 881 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 298937 875 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 298897 875 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 298813 865 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1033019 850 POMP'S TIRE SERVICE INC Tires Fleet Operating 298750 839 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 299030 839 PROPIO LS LLC Other Contracted Services Police Sworn 298843 836 EH WACHS Repair & Maint. Supplies Water Distribution 299004 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn 298844 826 EMERGENCY TECHNICAL DECON Protective Clothing Fire 9379 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 298909 818 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 298991 814 INTERSTATE ALL BATTERY CENTER Equipment Parts City Center - CAM 298923 811 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 298768 809 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 298886 800 SEELING, LYNN A Other Contracted Services Winter Theatre 298903 788 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 9721 787 WEX FSA - Medical Health and Benefits 298846 784 FISHER SCIENTIFIC Repair & Maint. Supplies Water Treatment 298963 780 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM 298791 767 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 298784 764 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 9407 747 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting 298767 746 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298954 739 AIRGAS USA LLC Supplies - Pool Pool Maintenance 298943 730 MEGA BEER Liquor Product Received Prairie View Liquor Store 298974 705 DATAWORKS PLUS LLC Hardware - R&M IT Operating 298832 700 CONTINENTAL SAFETY EQUIPMENT Contract Svcs - Ice Rink Ice Arena Maintenance 1033002 682 AMERICAN TIME & SIGNAL CO Supplies - General Bldg Pool Maintenance 298941 660 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299037 647 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 298989 640 INSIDE EDGE GOLF Other Contracted Services Senior Center Programs 1033000 637 VIK, LISA Mileage & Parking Police Sworn 298993 631 ISG INC Application Fees General Fund 1033007 631 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 298829 627 CENTURYLINK Telephone Wastewater Lift Station 9395 616 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 298997 611 LAKE COUNTRY DOOR LLC Equipment Repair & Maint Utility Operations - General 298940 606 DOMACE VINO Liquor Product Received Prairie View Liquor Store 298915 606 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298995 600 KEYS WELL DRILLING COMPANY Equipment Repair & Maint Water Supply (Wells) 299015 598 MHSRC/RANGE Tuition Reimbursement/School Volunteers 1033016 598 MENARDS Operating Supplies Street Maintenance 1033022 597 STREICHERS Clothing & Uniforms Police Sworn 298960 592 BIG STATE INDUSTRIAL SUPPLY INC Safety Supplies Wasterwater Collection 298853 567 HAYEN, LINDA Other Contracted Services Winter Theatre 298973 559 CROWN MARKING INC Office Supplies Police Sworn 298924 558 DOMACE VINO Liquor Product Received Den Road Liquor Store 1032990 556 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 298912 548 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 298972 546 CORE & MAIN Repair & Maint. Supplies Park Maintenance 1033054 543 THE OASIS GROUP Employee Assistance Organizational Services 298847 540 FREEZIAC Merchandise for Resale Concessions 1033024 534 VISTAR CORPORATION Merchandise for Resale Concessions 298945 516 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 9408 511 WEX FSA - Medical Health and Benefits 298837 500 DIEFENBACH CHARLOTTE Other Contracted Services Winter Theatre 298838 500 DIVERSE CONSTRUCTION SERVICES LLC Contract Svcs - General Bldg Fire Station #1 298825 480 BRO-TEX INC Operating Supplies Fleet Operating 299025 480 PARK JEEP INC Equipment Parts Fleet Operating 298888 475 SOLUTION BUILDERS Computers 494 Corridor Commission 298790 473 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 299035 469 STRYKER SALES CORPORATION Operating Supplies Police Sworn 1033033 460 VINOCOPIA Liquor Product Received Den Road Liquor Store 298873 446 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 298792 444 WINEBOW Liquor Product Received Den Road Liquor Store 1032986 443 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1032983 438 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1033059 436 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1032984 432 VINOCOPIA Liquor Product Received Den Road Liquor Store 298817 432 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 298892 428 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 298856 425 INTERTECH INC Contract Development IT Operating 299027 420 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 298799 419 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298755 406 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 298815 403 ANCOM COMMUNICATIONS INC Contract Svcs - Electrical Police (City Cost) 298872 393 MIDAS Equipment Repair & Maint Fleet Operating 298780 392 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 298809 387 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1033018 386 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 298882 384 REMMES NICHOLAS Conference/Training Aquatics Admin. 298978 381 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1032998 380 QUESENBERRY, TYLER Travel Expense Police Sworn 298982 375 GYM WORKS Equipment Repair & Maint Police Sworn 9411 374 WEX FSA - Medical Health and Benefits 1032992 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 298884 370 SAMBATEK INC Design & Engineering Wastewater Capital 298810 365 WINEBOW Liquor Product Received Prairie View Liquor Store 298781 362 MEGA BEER Liquor Product Received Den Road Liquor Store 298899 362 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution 298816 361 ARAMARK Janitor Service Prairie View Liquor Store 1033062 360 KIDCREATE STUDIO Miscellaneous Stormwater Non-Capital 1033010 357 GRAYBAR Repair & Maint. Supplies Facilities Capital 298996 350 KING SAMANTHA Other Contracted Services Winter Theatre 298787 339 SMALL LOT MN Liquor Product Received Den Road Liquor Store 298957 335 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 298760 331 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 298777 330 DOMACE VINO Liquor Product Received Den Road Liquor Store 298786 330 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 299044 325 WAYNES HOME SERVICES Contract Svcs - Roof Outdoor Center Facilities 298889 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire 298756 303 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1033028 302 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 298763 301 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 298798 300 CARLOS CREEK WINERY Liquor Product Received Prairie View Liquor Store 298761 299 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 298913 286 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 298950 283 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 1033029 281 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 298908 279 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 9722 278 WEX FSA - Medical Health and Benefits 298805 277 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1033020 274 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC Garden Room Repairs 298863 271 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 1033066 268 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 298934 267 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1033048 264 OLSEN CHAIN & CABLE Repair & Maint. Supplies Utility Operations - General 298927 259 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1033052 258 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Tree Disease 298932 255 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store 9390 253 WEX FSA - Medical Health and Benefits 9384 251 WEX FSA - Medical Health and Benefits 299008 250 LUX, EMILY LOUISE Other Contracted Services Winter Theatre 299020 250 MSSA Conference/Training Street Maintenance 298918 249 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 298904 249 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 298921 249 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 9412 245 WEX FSA - Medical Health and Benefits 9392 244 WEX FSA - Medical Health and Benefits 298807 244 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 298823 242 BLOOMINGTON CUSTOM EMBROIDERY Clothing & Uniforms Volunteers 1033069 241 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 298967 240 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 298987 240 IAFC Dues & Subscriptions Fire 298961 239 BOUND TREE MEDICAL LLC EMS Supplies Fire 299017 238 MINNESOTA CITY/COUNTY MANAGEMENT ASSOCIA Dues & Subscriptions Administration 1032993 226 HACH COMPANY Laboratory Chemicals Water Treatment 298907 226 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 298782 223 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1033035 221 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 298812 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 298956 218 ARAMARK Janitor Service Den Road Liquor Store 298979 216 FREEZIAC Merchandise for Resale Concessions 299014 215 MHSRC/DDP Other Contracted Services Senior Center Programs 1033012 213 IDEAL SERVICE INC Contract Svcs - HVAC City Center - CAM 298857 209 JOHNSON CONTROLS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM 1033070 202 SPRINT Cell Phones 494 Corridor Commission 1033004 199 BOYER TRUCKS Equipment Parts Fleet Operating 1032995 199 HYNEK, EVAN Clothing & Uniforms Police Sworn 298970 199 COMCAST Phone/Data/Web 494 Corridor Commission 298834 198 CROSS ROB Travel Expense Fire 298948 197 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 298992 195 INTHERMO INC Repair & Maint. Supplies Park Maintenance 298854 190 IACP Dues & Subscriptions Police Sworn 298874 185 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 1032997 183 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 298919 178 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1033050 177 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 9409 176 WEX FSA - Medical Health and Benefits 298928 169 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 298944 169 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 9399 167 WEX FSA - Medical Health and Benefits 9385 160 WEX FSA - Medical Health and Benefits 298769 159 56 BREWING LLC Liquor Product Received Den Road Liquor Store 298896 159 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 299038 159 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 298885 155 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 1033030 155 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1033013 152 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 1033055 151 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 299000 150 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 299001 150 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 1033041 150 FLEETPRIDE INC Equipment Parts Fleet Operating 298758 148 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 298951 145 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 298977 145 ESTRINE, ROBERT Other Contracted Services Community Band Check #Amount Supplier / Explanation Account Description Business Unit Comments 298771 144 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 299010 141 MACQUEEN EQUIPMENT INC Operating Supplies Fire 1033043 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1032985 139 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 299016 135 MINNESOTA AIR INC Supplies - HVAC Cummins Grill House 298952 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1033032 131 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 298803 130 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 298947 130 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store 1033042 130 GETSCHOW, RICK Mileage & Parking Administration 299028 127 PILGRIM DRY CLEANERS INC EMS Supplies Fire 298794 126 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 298902 125 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 298765 124 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 298751 121 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 298935 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 298789 111 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 298839 110 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 298936 106 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 298968 103 COMCAST Internet IT Operating 298969 103 COMCAST Internet IT Operating 298958 102 ASSURED SECURITY Supplies - General Bldg Park Shelters 298801 102 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 9401 101 PAYA Bank and Service Charges Winter Theatre 9389 100 WEX FSA - Medical Health and Benefits 299021 100 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration 299018 99 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1033056 97 WEEDMAN, NICOLE Travel Expense Youth Programs Admin 299033 93 SOLUTION BUILDERS Computers 494 Corridor Commission 1033037 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 298917 87 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1033049 81 PROSOURCE SUPPLY Cleaning Supplies General Community Center 1033053 80 STARKE, TINO Training Supplies Police Sworn 299009 80 MACIA Dues & Subscriptions Police Sworn 299032 80 SNIPERCRAFT INC Training Supplies Police Sworn 299022 80 NORTHERN BRANDS INC Operating Supplies Volunteers 9723 77 MONEY MOVERS INC Other Contracted Services Community Center Admin 1033073 77 VISTAR CORPORATION Merchandise for Resale Concessions 298840 75 DUBEY PRERNA Operating Supplies Housing and Community Service 298868 75 MARWAH AMRUTA Operating Supplies Housing and Community Service 298879 75 OMAR MOHAMED Operating Supplies Housing and Community Service 298894 75 TAMMINEEDI RAMA Operating Supplies Housing and Community Service 298959 75 BCA/CRIMINAL JUSTICE TRAINING & EDUCATIO Tuition Reimbursement/School Police Sworn 1032994 75 HENKE, RONNIE Tuition Reimbursement/School Police Sworn 1032987 73 BERRY COFFEE COMPANY Merchandise for Resale Concessions 9387 72 WEX FSA - Medical Health and Benefits 9718 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 298875 70 MURTHY GOPINATH Conference/Training Volleyball 1033046 69 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 1033023 66 UPS Postage Fitness Admin. 298985 65 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 299005 65 LI MARGARET P&R Refunds Community Center Admin 9410 60 WEX FSA - Medical Health and Benefits 298831 52 COMCAST Training Supply-Operating Fire 9398 50 WEX FSA - Medical Health and Benefits 298827 50 BURNS JACQUELINE Operating Supplies Housing and Community Service 298836 50 DEMERY KILEY Operating Supplies Housing and Community Service 298858 50 KAILA SUNIL Operating Supplies Housing and Community Service 298887 50 SHANNON TRACI Operating Supplies Housing and Community Service 298850 48 GROTH MUSIC Operating Supplies Community Band 298994 47 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General 9388 45 WEX FSA - Medical Health and Benefits 1033075 42 CARLSON, THOR Clothing & Uniforms Police Sworn 299023 41 NORTON AUDREY Mileage & Parking Skating Rinks/Warming Houses 298877 40 NALMS Conference/Training Stormwater Non-Capital 298811 35 ACME TOOLS Operating Supplies Street Maintenance 1033045 35 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 299024 34 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 298833 33 CORE & MAIN Repair & Maint. Supplies Water Treatment 298859 33 KAYVON KELLY Tuition Reimbursement/School Fitness Classes 1033051 32 ROCKEY, JOSH Mileage & Parking Senior Center Admin 298826 29 BROWNELLS INC.Training Supplies Police Sworn 1033047 26 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 299002 25 LEAGUE OF WOMEN VOTERS RICHFIELD Marketing 494 Corridor Commission 298830 23 COMCAST Other Contracted Services Police Sworn 298890 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 298818 12 ASPEN MILLS Postage Fire 9717 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 9403 10 SQUARE Bank and Service Charges Den Road Liquor Store 9400 9 WEX FSA - Medical Health and Benefits 1032996 6 METROPOLITAN FORD Equipment Parts Fleet Operating 2,606,396 Grand Total