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Home My WebLink AboutCity Council - 05/16/2023 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 16, 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. 2022 QUALITY OF LIFE SURVEY RESULTS Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT Results for Eden Prairie, MN Quality of Life Survey May 16, 2023 Civic Communication & Analytics Platform Smarter, better connected communities. A civic surveying, policy polling, and constituent communication tech platform. Advanced Survey Science & Performance Analytics Data insights to help communities move forward. The premiere provider of professional civic surveys and performance benchmarking analyses. Exclusive partners of:Questions about our product? Visit www.polco.us to learn more Polco’s Benchmarking Database More than 500 comparison communities across the nation. Representing the opinions of more than 50 million residents. ●Ninth time conducting the Eden Prairie Quality of Life Survey ●Previous iterations in 2006, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. ●Survey conducted from February 16th to March 28th ●“Hybrid” mailing approach employed: ●Probability-based sample of 2,000 households ●452 total responses received ●23% overall response rate ●Non-probability, open-participation sample: 716 responses ●Results statistically weighted to reflect Eden Prairie ●95% confidence interval with a +/-3% margin of error Survey Methodology Overview of Survey Results Comparisons to National Benchmarks 19 received similar ratings 0 received lower ratings 47 received higher ratings Comparisons to North Central Region Benchmarks 32 received similar ratings 0 received lower ratings 31 received higher ratings Custom/peer benchmark group: Communities in the north central region with populations over 15,000 Comparisons to Minnesota Community Benchmarks 38 received similar ratings 0 received lower ratings 25 received higher ratings Comparisons to Previous Survey Year 139 received similar ratings 34 received lower ratings 12 received higher ratings Key Findings Eden Prairie is a highly desirable and safe place to live. Quality of Life in Eden Prairie Quality of Life Measures 67% 70% 86% 91% 92% 94% Eden Prairie as a place to retire Eden Prairie as a place to visit Eden Prairie as a place to work Your neighborhood as a place to live Eden Prairie as a place to raise children Eden Prairie as a place to live Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Quality of Life in Eden Prairie Safety 92% of residents rated the overall feeling of safety in Eden Prairie as excellent or good. Over 8 in 10 residents gave excellent or good ratings to safety in the following areas: •Your neighborhood (95%)•Parks and open space (93%)•Paths or walking trails (90%)•Retail parking lots (84%)•Eden Prairie Center mall (83%) Problem Percent moderate, major, or extreme problem Traffic speeding 33% Vandalism & property crimes 24% Youth crimes 21% Drugs 20% Stop sign violations in your neighborhood 20% Problems in the Community City services continue to be highly ranked among peers. City Services Overall Quality of City Services Highest Rated City Services Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Police Services Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Excellent 57% Good 33% Fair 9% Poor 1% Overall Quality of Police Services •Eden Prairie Night to Unite –24% •Community programs –20% •Through reporting a crime –17% Most popular situations for Police Department interaction (past two years): 93%93%92%92%90% 50% 75% 100% 2014 2016 2018 2020 2023 QUALITY OF CONTACT City Services 2020 2023 Trail maintenance 93%89% Recreation centers or facilities 91%86% Recreation services 91%86% Preservation of natural areas 91%85% Emergency management 91%85% Building inspections 85%81% Streets in your neighborhood 85%80% City engineering services 85%79% Utility billing 83%78% Asphalt trails in your neighborhood 82%78% Assessing services 80%74% Housing and community services 81%72% Sidewalks in your neighborhood 74%69% Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Local Government Trust 2013-2022 50 51 50 53 53 52 52 56 54 48 53 54 53 55 56 54 56 59 57 53 40 45 50 55 60 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Overall Confidence Generally Acting in the Best Interest of the Community Trends Amenity Percent Positive 2022 Compared Parks 8 in 10 Similar Fitness opportunities 7 in 10 Similar Availability of paths and walking trails 7 in 10 Similar Recreational opportunities 7 in 10 Similar Availability of affordable quality food 5 in 10 Significant Decrease Amenity Percent Positive 2022 Compared Availability of affordable quality health care 5 in 10 Significant Decrease Availability of preventive health services 5 in 10 Significant Decrease Availability of affordable quality mental health care 3 in 10 Significant Decrease Liquor Stores 84% of residents strongly or somewhat support the City continuing to operate municipal liquor stores About 50% have visited at least once in last 12 months 59% 86% 96% 0%25%50%75%100% Prices of products Product selection Courtesy and friendliness of staff Aspects of Municipal Liquor Stores Contact with City Departments 94%93%92%91%87% 30% 50% 70% 90% Knowledge Courtesy Overall customer service Responsiveness Follow-up Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Impressions of City EmployeesDepartmentPercent contacted Community Center 24% Police 23% Utilities and Water 17% Recreation 17% General Information 15% Building Inspections 11% Utility Billing 10% Frequently Contacted Departments Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents. Natural Environment, Parks, and Recreation When asked to choose their favorite thing about living in Eden Prairie, 30% mentioned parks, trails, and recreation centers. 92% rate the overall natural environment as excellent or good Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Natural Environment, Parks, and Recreation Quality of Parks and Recreation Amenities by Year Over the last two years, about 9 in 10 residents used: •Large community parks •Smaller neighborhood parks Residents are familiar with and see the value of sustainability. Sustainability Familiarity with Sustainability Strategies Percent very or somewhat familiar Composting food scraps and various types of paper waste for reuse instead of landfilling or incinerating waste 75% Replacing/improving mechanical equipment, lighting, appliances, insulation or reducing air leakage from your home to reduce energy use and improve comfort 71% Switching from a gasoline-powered personal vehicle to an electric vehicle 70% Completing a home energy audit to identify energy savings opportunities in your home 65% Using on-site solar to provide electricity or heat to your home 56% Utility programs where you can opt-in to purchase renewable energy for your home use 51% Switching from natural gas use in space/water heating and cooking to efficient electric- powered options 46% Sustainability Likelihood of Implementation Percent already completed or very likely to complete Summary of Key Findings 1.Eden Prairie is a highly desirable and safe place to live. 2.City services continue to be highly ranked among peers. 3.Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents. 4.Residents are familiar with and see the value of sustainability. Questions? Thank you!Kim Daane Survey Research Associate Polco/National Research Center kim@polco.us ANNOTATED AGENDA DATE: May 12, 2023 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 16, 2023 ___________________________________________________________________________________________ TUESDAY, MAY 16, 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. HERITAGE PRESERVATION AWARD Synopsis: Heritage Preservation Commission Chair, Rod Fisher, will introduce the Heritage Preservation Award, which recognizes an individual, family or business that has gone beyond their usual responsibilities to promote, preserve, rehabilitate, or restore Eden Prairie's heritage resources. The Mayor will present the award. The recipient of the 2023 Heritage Preservation Award is Katie Qualey. Katie will be in attendance to accept the award. B. 2022 QUALITY OF LIFE SURVEY RESULTS Polco representatives Kim Daane and Joseph Dell’Olio will present the survey results. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES ANNOTATED AGENDA May 16, 2023 Page 2 MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 02, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 02, 2023 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK’S LIST B. HOLIDAY INN EXPRESS POOL ADDITION BY MICHAEL MONN ARCHITECTS. SITE PLAN REVIEW ON 2.99 ACRES (Resolution) C. APPROVE NEW HERITAGE PRESERVATION COMMISSION CHAIR D. APPROVE CONTRACT WITH MINNESOTA NATIVE LANDSCAPES FOR EDENBROOK CONSERVATION AREA WOODLAND ENHANCEMENT E. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BRAUN FOR 2023 PAVEMENT REHAB PROJECT F. AWARD CONTRACT FOR 2023 PAVEMENT REHAB PROJECT TO BITUMINOUS ROADWAYS, INC. IX. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION VACATING PT OF L1 AND L2, B1, VICTORY LUTHERAN CHURCH ADDITION DRAINAGE AND UTILITY EASEMENTS Synopsis: The Property Owners have requested a lot line adjustment of Lots 1 and 2, Block 1, Victory Lutheran Church Addition. In order to approve the lot line adjustment, the platted drainage and utility easements adjoining the existing lot line between the two properties need to be vacated. New drainage and utility easements will need to be granted along the adjusted lot line. MOTION: Move to: • Close the public hearing; and • Adopt the Resolution vacating Drainage and Utility Easements. X. PAYMENT OF CLAIMS ANNOTATED AGENDA May 16, 2023 Page 3 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 XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Presentations DATE: May 16, 2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: Heritage Preservation Award ITEM NO.: IV.A. Synopsis Heritage Preservation Commission Chair, Rod Fisher, will introduce the Heritage Preservation Award, which recognizes an individual, family or business that has gone beyond their usual responsibilities to promote, preserve, rehabilitate, or restore Eden Prairie's heritage resources. The Mayor will present the award. The recipient of the 2023 Heritage Preservation Award is Katie Qualey. Katie will be in attendance to accept the award. Background Katie has served as a Board Member and Vice President of the Eden Prairie Historical Society for over ten years. She is a graphic artist and has designed interpretive panels for many of the City’s historic properties including the RT Anderson Conservation Area, Staring Lake Park, the City’s new water reservoir and pump house and more. She also designed time lines for the Cummins-Phipps-Grill Homestead and the Smith-Douglas-More-House, which are on display in their respective house. She has scanned and enhanced 100’s of the Historical Society’s Historic Photo Collection. Katie also prepares the Historical Society’s bi-annual newsletter, Annual meeting post cards and flyers. She is also working on a new website for the Historical Society. All of Katie’s work helps promote and share the history of Eden Prairie. Her contributions will continue to influence residents and visitors to Eden Prairie for many years to come. Heritage Preservation Commission members are: • Rod Fisher, Chair • Paul Thorp, Vice Chair • Steven Schumacher • George Maxwell • Robert Bowes • Andy Ludowese • Cathy Lau • Melanie Willett • Beth Novak-Krebs Staff Liaison Results for Eden Prairie, MN Quality of Life Survey May 16, 2023 Civic Communication & Analytics Platform Smarter, better connected communities. A civic surveying, policy polling, and constituent communication tech platform. Advanced Survey Science & Performance Analytics Data insights to help communities move forward. The premiere provider of professional civic surveys and performance benchmarking analyses. Exclusive partners of:Questions about our product? Visit www.polco.us to learn more Polco’s Benchmarking Database More than 500 comparison communities across the nation. Representing the opinions of more than 50 million residents. ●Ninth time conducting the Eden Prairie Quality of Life Survey ●Previous iterations in 2006, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. ●Survey conducted from February 16th to March 28th ●“Hybrid” mailing approach employed: ●Probability-based sample of 2,000 households ●452 total responses received ●23% overall response rate ●Non-probability, open-participation sample: 716 responses ●Results statistically weighted to reflect Eden Prairie ●95% confidence interval with a +/-3% margin of error Survey Methodology Overview of Survey Results Comparisons to National Benchmarks 19 received similar ratings 0 received lower ratings 47 received higher ratings Comparisons to North Central Region Benchmarks 32 received similar ratings 0 received lower ratings 31 received higher ratings Custom/peer benchmark group: Communities in the north central region with populations over 15,000 Comparisons to Minnesota Community Benchmarks 38 received similar ratings 0 received lower ratings 25 received higher ratings Comparisons to Previous Survey Year 139 received similar ratings 34 received lower ratings 12 received higher ratings Key Findings Eden Prairie is a highly desirable and safe place to live. Quality of Life in Eden Prairie Quality of Life Measures 67% 70% 86% 91% 92% 94% Eden Prairie as a place to retire Eden Prairie as a place to visit Eden Prairie as a place to work Your neighborhood as a place to live Eden Prairie as a place to raise children Eden Prairie as a place to live Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Quality of Life in Eden Prairie Safety 92% of residents rated the overall feeling of safety in Eden Prairie as excellent or good. Over 8 in 10 residents gave excellent or good ratings to safety in the following areas: •Your neighborhood (95%)•Parks and open space (93%)•Paths or walking trails (90%)•Retail parking lots (84%)•Eden Prairie Center mall (83%) City services continue to be highly ranked among peers. City Services Overall Quality of City Services Highest Rated City Services Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks City Services 2020 2023 Trail maintenance 93%89% Recreation centers or facilities 91%86% Recreation services 91%86% Preservation of natural areas 91%85% Emergency management 91%85% Building inspections 85%81% Streets in your neighborhood 85%80% City engineering services 85%79% Utility billing 83%78% Asphalt trails in your neighborhood 82%78% Assessing services 80%74% Housing and community services 81%72% Sidewalks in your neighborhood 74%69% Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents. Natural Environment, Parks, and Recreation When asked to choose their favorite thing about living in Eden Prairie, 30% mentioned parks, trails, and recreation centers. 92% rate the overall natural environment as excellent or good Higher than national benchmarks Higher than regional benchmarks Higher than Minnesota benchmarks Natural Environment, Parks, and Recreation Quality of Parks and Recreation Amenities by Year Over the last two years, about 9 in 10 residents used: •Large community parks •Smaller neighborhood parks Residents are familiar with and see the value of sustainability. Sustainability Familiarity with Sustainability Strategies Percent very or somewhat familiar Composting food scraps and various types of paper waste for reuse instead of landfilling or incinerating waste 75% Replacing/improving mechanical equipment, lighting, appliances, insulation or reducing air leakage from your home to reduce energy use and improve comfort 71% Switching from a gasoline-powered personal vehicle to an electric vehicle 70% Completing a home energy audit to identify energy savings opportunities in your home 65% Using on-site solar to provide electricity or heat to your home 56% Utility programs where you can opt-in to purchase renewable energy for your home use 51% Switching from natural gas use in space/water heating and cooking to efficient electric- powered options 46% Sustainability Likelihood of Implementation Percent already completed or very likely to complete Summary of Key Findings 1.Eden Prairie is a highly desirable and safe place to live. 2.City services continue to be highly ranked among peers. 3.Eden Prairie’s natural environment, parks, and recreation opportunities are valued by residents. 4.Residents are familiar with and see the value of sustainability. Questions? Thank you!Kim Daane Survey Research Associate Polco/National Research Center kim@polco.us Local Government Trust 2013-2022 50 51 50 53 53 52 52 56 54 48 53 54 53 55 56 54 56 59 57 53 40 45 50 55 60 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Overall Confidence Generally Acting in the Best Interest of the Community Trends Amenity Percent Positive 2022 Compared Parks 8 in 10 Similar Fitness opportunities 7 in 10 Similar Availability of paths and walking trails 7 in 10 Similar Recreational opportunities 7 in 10 Similar Availability of affordable quality food 5 in 10 Significant Decrease Amenity Percent Positive 2022 Compared Availability of affordable quality health care 5 in 10 Significant Decrease Availability of preventive health services 5 in 10 Significant Decrease Availability of affordable quality mental health care 3 in 10 Significant Decrease UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 02, 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. 2022 AUDIT REPORT AND FINANCIAL STATEMENT Tammy Wilson, Finance Manager, explained that every six years or so the City seeks out new auditors to have fresh eyes looking at the City’s books. Wilson mentioned that this is the City’s third year using Bergan KDV. Caroline Stutsman, with Bergan KDV, was the director involved with the 2022 audit and presented a clean and unmodified opinion of the City’s financial statements. The audit report was issued in accordance with the Government Auditing Standards. There were no significant deficiencies or material weaknesses in internal control, and no compliance findings. Bergan KDV also conducted a Federal Single Audit. This is required when there is $750,000 or more of Federal funding. There were no compliance or internal control findings. There were also no compliance findings in the Independent Auditor’s Report on Minnesota Legal Compliance. Stutsman stated the general fund revenues increased about $1.8 million. Taxes and assessments increased about $1.9 million due to the levy, licenses and permits revenue decreased due to less new construction, additions, and remodels. Charges for services increased because of rebounding from the Covid pandemic; levels are not completely back to pre-pandemic levels. Other revenues, which includes investment income, decreased about $500,000 due to market conditions on December 31. General fund expenditures increased about $3.4 million. Police, which makes up the largest portion of general fund expenditures, increased about $887,000 driven by an increase in wages and benefits. Parks and Recreation increased about $1.2 million due to more programs and activities. Stutsman stated the general fund budgetary comparison revenues were over budget by $1.2 million, or 2.2 percent. Stutsman pointed out licenses and permits were budgeted conservatively due to it’s potential for high variance. The other item that differed significantly from the budged was investments, again due to market conditions at the end of 2022 which affect interest rates and fixed securities. Expenditures came in less than anticipated by $1.3 million. Police came in under City Council Workshop Minutes January 7, 2020 Page 2 budget due to some open positions. Parks and Recreation also came in under budget based because, though there was a significant rebound post-pandemic, it has not bounced back completely to pre-Covid anticipation. Additionally, $1 million was transferred out to the capital improvement maintenance plan for the upcoming Police Department remodel. Relating to general fund operations, both the cash and investment balance, and the unassigned fund balance increased. Wilson outlined the City’s detailed fund balance policy, and Stutsman stated the City is in compliance with the guidelines laid out. Getschow pointed out that each time the budget grows so does the fund balance; having this detailed fund balance policy with money set aside has resulted in very high bond ratings. Stutsman shifted gears to discuss enterprise funds, stating the water fund operating revenue increased about 3 percent, due to changes in rates and continued development. Operating expenses were up about 9 percent due to wages and benefits, and the continuation of the water meter change out project. This led to an operating loss of about $2.2 million. The water fund had an increase in cash and investments and unrestricted net position. Ellis updated council that the labor- and cost- intensive water meter change out project is two-thirds complete at this time. Getschow noted that the meters can be monitored via an application. Mayor Case inquired when we last adjusted rates. Ellis replied rates are adjusted every year. Stutsman stated the wastewater fund had an increase in operating revenues based on rates, and an increase in operating expenses due to wages and benefits, repairs and maintenance, and the lift station rehab project. This resulted in an operating loss of $840,000. Operating income covered about 49 percent of depreciation in 2022. The wastewater fund cash and investments balance was $9.4 million and unrestricted net position was $11.1 million. The stormwater fund had an increase in operating revenue due to an increase in rates. Expenses increased as well by $275,000. This includes operating costs relating to a road drainage project. The fund did completely cover depreciation cost. Getschow pointed out the inherent depreciation that water experiences, compared to stormwater, based on the volume of equipment involved. He noted that we would expect depreciation to be covered for stormwater which has comparatively little equipment. The cash and investment balances decreased about $1.1 million and unrestricted net position decreased about $1.1 million. Stutsman noted the decrease is project-driven. Stutsman moved on to discuss the liquor fund, noting the operating sales and revenue increased about 1.2 percent, with a similar increase to cost of sales. It generated a gross profit of $3.6 million. Stutsman stated that the fund transfers dollars out based on generated profits, and $800,000 was transferred out to the capital improvement maintenance fund. Councilmember Narayan asked what happens to the balance of profits. Wilson answered that most of this money goes to the building fund for maintaining the city-owned buildings. Getschow looked back to 2020 when staff presumed the sales increase was due to the Covid pandemic, but the numbers have amazingly held up in the past two years and have not dipped back to pre-Covid sales. The gross profit percentage increased from 29.8 in 2021 to 30 percent in 2022 and remains high compared to the average of other Metro municipal liquor which was 26.9 percent in 2021. Cash and investments decreased slightly, keeping in mind the $800,000 transferred out, and unrestricted net position increased $200,000. Stutsman stated general fund revenue per capita increased from $1,165 to $1,197. This includes City Council Workshop Minutes January 7, 2020 Page 3 property taxes, tax increments, franchise fees, special assessments, licenses and permits, intergovernmental revenues, and charges for service. This compares to a 2021 statewide average of $1,106 for cities with population of 20,000 to 100,000. Stutsman stated general fund expenditures per capita increased from $800 to $868. This includes capital outlay and construction, which increased from $190 to $224. Debt service decreased significantly from $197 to $51 due to a bond refunding in 2021. Getschow pointed out that the 2022 debt service is a better reflection of the City’s low debt than 2021’s numbers which were skewed because of the bond refunding. Case also noted that any time there is a big construction project, like the upcoming Police Department remodel, the debt principle will be elevated temporarily. Stutsman talked about the tax capacity, tied to market values in the City. This increased by 1.9 percent from $120.5 million to $122.8 million. The certified tax levy increased from $41 million to $43.1 million. The change in the capacity and levy led to a slight increase in tax capacity rate, from 31.43 to 32.32. Case inquired about the 2023 rate which was just approved in the budget. Getschow replied that the tax capacity rate dropped very low to 28.84. Getschow also touted the importance of this figure and explained that Eden Prairie consistently has one of the lowest rates compared to similar cities. Open Podium - Council Chamber (6:30) I. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 2, 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. POLICE DEPARTMENT LIFESAVING RECOGNITION FOR COMMUNITY CENTER EMERGENCY Police Chief Matt Sackett read in full a letter of recognition. He awarded Eden Prairie Community Center staff Marie Goergen, Alisa Hoang, Jill Bickler, Doug Tucker, and Nate Storey and community member Matt Johnson with Letters of Recognition from the Police Department for their actions on March 8, 2023 when they saved the life of a man, Peter Graff, who collapsed while exercising at the community center. B. HUMAN RIGHTS AWARDS Getschow stated the Human Rights and Diversity Commissioners present human rights awards around this time each year. Greg Leeper, Human Rights and Diversity Commission Chair, summarized the Eden Prairie Manifesto. Kuhu Singh, Human Rights and Diversity Commissioner, stated Belia Jimenez-Lorente is the recipient of the individual award and summarized her accomplishments and efforts in the community. Ms. Singh presented Ms. Jimenez-Lorente with the award. Hina Kazama, Human Rights and Diversity Student Commissioner, stated Jermell Taylor is the recipient of the youth award and summarized his CITY COUNCIL MINUTES May 2, 2023 Page 2 accomplishments and efforts in the community. Ms. Singh presented Mr. Taylor with the award. Sana Elassar, Human Rights and Diversity Commissioner, stated Chain Reaction Theatre Project is the recipient of the nonprofit award and summarized his accomplishments and efforts in the community. Ms. Singh presented Shelley Smith, representative of Chain Reaction Theatre Project, with the award. Case noted the Eden Prairie Manifesto highlights, protects, and promotes human rights in the City. Mr. Getschow pointed out Eden Prairie is going on 30 years of the Eden Prairie Manifesto. C. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) PROCLAMATION Getschow stated the Human Rights and Diversity Commission has prepared a proclamation in support of Cities for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) initiative and in support of the principles of the UN Convention on the Elimination of All Forms of Discrimination Against Women at the local level. Brenda Pfahnl, Human Rights and Diversity Commissioner, provided background on the proclamation. Case read the proclamation in full. Narayanan noted there could be a proclamation specific to sexuality and gender. D. ACCEPT VARIOUS DONATIONS FOR THE COMMUNITY IFTAR EVENT (Resolution No. 2023-48) Getschow explained the Human Rights and Diversity Commission planned the first Community Iftar event in Eden Prairie. Donations assisted with the Community Iftar event, an event designed to foster community conversation and provide the opportunity for strengthening community relationships. MOTION: Toomey moved, seconded by Freiberg to adopt Resolution No. 2023-48 Resolution accepting the following donations for the Iftar Event: • $500 from the Eden Prairie Crime Fund • $500 from the Eden Prairie Noon Rotary • $500 from the New American Development Center (NADC) • $500 from the Eden Prairie Community Foundation • $500 from an anonymous resident • $400 from an anonymous resident Motion carried 5-0. CITY COUNCIL MINUTES May 2, 2023 Page 3 E. SENIOR AWARENESS MONTH PROCLAMATION Lotthammer explained Senior Awareness Month is traditionally in May, and there are a number of special activities highlighted on the City website. Gayl Smith, Senior Center Advisory Council Chair, explained they represent the countless seniors that utilize the Senior Center. She summarized a few of the special offerings and services available in May. Beth Lapp, Senior Center Advisory Council Member, was also present. Case will read the proclamation in full. F. METROPOLITAN COUNCIL UPDATE: DR. TYRONNE CARTER Getschow introduced the item and invited Dr. Tyronne Carter from the Metropolitan Council to continue the presentation. Dr. Tyronne Carter introduced himself and provided details on his involvement in the community as well as his educational and professional background. He has a goal to meet with all mayors in his region. Case thanked Dr. Carter for the information. Narayanan welcomed Dr. Carter and noted he and Freiberg are part of the SouthWest Transit Commission. Narayanan offered to provide information on SouthWest Transit. G. ACCEPT THE 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR): CAROLINE STUTSMAN WITH BERGAN KDV Getschow explained Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. Caroline Stutsman, Audit Director for the independent auditing firm of BerganKDV, presented a financial report. BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Case noted the Council discussed the item at length during a Work Session. He noted the City has to hold onto six months of the operating budget, so there is around $35 million saved up at any given time. Also, the bond rating mentioned by Ms. Stutsman allows Eden Prairie to access lower interest rates. Case added only about 5 percent of governmental bodies have such a clean audit. Eden Prairie also has some of the lowest tax rates in the area. CITY COUNCIL MINUTES May 2, 2023 Page 4 Nelson thanked Getschow and Staff for their efforts to allow for such a strong audit. Freiberg agreed the audit results speaks to all levels of leadership in the City from Staff to previous and current members of the Council. He stated it is a pleasure to serve with the Council. MOTION: Narayanan moved, seconded by Nelson, to accept the 2022 Annual Comprehensive Financial Report (ACFR). Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow pointed out one consent item is updated. MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 4 , 2023 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 4, 2023 MOTION: Narayanan moved, seconded by Toomey to approve the minutes of the Council workshop held Tuesday, April 4, 2023, and the City Council meeting held Tuesday, April 4, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY CENTER FIRE PANEL UPGRADE C. DECLARE EQUIPMENT AS SURPLUS D. APPROVE SECOND READING OF THE ORDINANCE 7-2023 TO AMEND CITY CODE CHAPTER 11 RELATING TO A NEW MIXED USE ZONING DISTRICT (Resolution No. 2023-49) E. AWARD CONTRACT FOR 2023 SURFACE SEAL PROJECT TO CORRECTIVE ASPHALT MATERIALS, LLC F. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR CONSTRUCTION ADMINISTRATION FOR THE PRAIRIE CENTER DR AND CITY COUNCIL MINUTES May 2, 2023 Page 5 SINGLETREE LN INTERSECTION IMPROVEMENTS G. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR PRELIMINARY AND FINAL DESIGN FOR THE PRAIRIE CENTER DR AND FRANLO RD INTERSECTION IMPROVEMENTS H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SAMBATEK, LLC, FOR ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE WELL HOUSE #5 RECONSTRUCTION PROJECT I. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH BOLTON AND MENK FOR CONSTRUCTION ADMINISTRATION FOR THE WILLOW CREEK CULVERT REPLACEMENT PROJECT J. APPROVE THIRD AMENDMENT TO LEASE AND SOLAR EASEMENT; MEMORANDUM OF LEASE AND SOLAR EASEMENT FOR A COMMUNITY SOLAR GARDEN AND AUTHORIZE EXECUTION BY THE MAYOR AND CITY MANAGER K. AWARD CONTRACT FOR EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT PROJECT TO WIDMER CONSTRUCTION, LLC L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON AND MENK FOR CONSTRUCTION ADMINISTRATION FOR THE EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT PROJECT M. APPROVE DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS FOR THE EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT PROJECT N. AWARD CONTRACT FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT TO GMH ASPHALT CORPORATION O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR CONSTRUCTION ADMINISTRATION FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AET FOR GEOTECHNICAL TESTING FOR THE PIONEER TRAIL RECONSTRUCTION PROJECT Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES FOR WELL HOUSE #17 AND TRANSMISSION MAIN CONSTRUCTION PHASE SERVICES R. APPROVE DNR LICENSE FOR UTILITY TO CROSS PUBLIC WATERS CITY COUNCIL MINUTES May 2, 2023 Page 6 FOR THE WILLOW CREEK CULVERT REPLACEMENT PROJECT S. AWARD CONTRACT FOR THE SUNNYBROOK CULVERT REPLACEMENT AND ADA PEDESTRIAN RAMP PROJECT TO BKJ EXCAVATING T. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREETLIGHTING ON COLUMBINE DRIVE U. AUTHORIZE PURCHASE OF THREE NEW EQUIPMENT TRAILERS FROM LANO EQUIPMENT V. APPROVE APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR EDEN PRAIRIE HOCKEY ASSOCIATION (Resolution 2023-50) MOTION: Toomey moved, seconded by Frieberg, to approve Items A-V on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. ADOPT RESOLUTION 2023-51 VACATING DRAINAGE AND UTILITY EASEMENTS AT PRAIRIE ESTATES 2ND ADDITION PLAT Getschow explained the property owners have requested a lot line adjustment of Lots 1 and 2, Block 1, Prairie Estates 2nd Addition. In order to approve the lot line adjustment, the platted drainage and utility easements adjoining the existing lot line between the two properties need to be vacated. New drainage and utility easements will need to be granted along the adjusted lot line. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing, and to adopt Resolution No. 2023-51 vacating drainage and utility easements. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS CITY COUNCIL MINUTES May 2, 2023 Page 7 A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. APPROVE MODIFICATIONS TO THE SENIOR EMERGENCY REPAIR PROGRAM AND THE FIRST TIME HOMEBUYER PROGRAM Klima explained Community Development Staff administers a number of programs to serve residents. She summarized the First Time Homebuyer Program and the Senior Emergency Repair Program. Klima pointed out modifications for the First Time Homebuyer Program would update the maximum loan amount, increase the maximum purchase price, and increase the housing debt-to-income ratio, all of which are in line with industry standards. As for the Senior Repair Program, the modification would be to increase the forgivable loan amount, again in line with industry standards. Case thanked Klima and her Department for their work. MOTION: Narayanan moved, seconded by Freiberg, to approve modifications to the Senior Emergency Repair Program and the First Time Homebuyer Program. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. OVERVIEW OF PARKS AND RECREATION GUIDE PLAN Lotthammer explained the Parks, Recreation, and Natural Resources Guide Plan is almost complete. He went through the various pages of the Guide Plan with the Council and first summarized some acknowledgements made in the Guide Plan. The Guide Plan allows for an easy-to-update document structure. Lotthammer stated the Guide Plan shares the history of the document development and its connection to Aspire Eden Prairie 2040. The Guide Plan also includes a list of recently updated plans, reports, and surveys, an explanation of how the guide was developed, a project timeline, information on how resident feedback is collected, a description of future direction and vision, Eden Prairie’s guiding principles and concepts, community partnerships, marketing considerations, sustainability, equity and inclusion, and an organizational chart. Lotthammer pointed out all of the photographs are of and within Eden Prairie. CITY COUNCIL MINUTES May 2, 2023 Page 8 Lotthammer noted the document includes youth recreation offerings and the impact of recreation on youth. Athletic programs in Eden Prairie are listed and address changing demographics and future considerations within adult athletics. The Eden Prairie Art Center, the Eden Prairie Senior Center, and the Eden Prairie Community Center, public arts initiatives, and rental facilities are also detailed. Lotthammer added the Parks and Natural Resources portion is a more traditional part of the Guide. Climate change, water quality and management, trails and sidewalks, conservation areas, historical and special use areas, and neighborhood and community parks are covered in the section. Lotthammer pointed out the appendix has a number of links to real-time updated City website pages. He noted the Parks and Recreation Commission has been extremely helpful in the process. Nelson pointed out the document is very well-done. Narayanan added the document is beautiful and comprehensive. Also, it is great that the document is accessible to the community and easy to update in the future. Case noted his agreement. He pointed out Sarah Aschenbeck and Tammy Wilson and acknowledged their efforts. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Narayanan pointed out today is Freiberg’s birthday and wished him a Happy Birthday. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:35 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 16, 2023 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the license listed below Temporary Beer Organization: Eden Prairie Lions Club Event: Reception Date: May 25, 2023 Place: Pax Christi 12100 Pioneer Trail 1 CITY COUNCIL AGENDA SECTION: Consent DATE: 05/16/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Ben Schneider ITEM DESCRIPTION: Holiday Inn Express Pool Addition ITEM NO.: VIII.B. Requested Action Move to: • Adopt a Resolution for an Amendment of an Approved Site Plan on 2.99 acres; and • Approve the Development Agreement for Holiday Inn Express Synopsis This is the final reading for the proposed pool addition for the hotel at 7740 Flying Cloud Drive, which is being rebranded to a Holiday Inn Express from a Comfort Inn. The applicant is therefore requesting a Site Plan Amendment to construct an approximately 1,800 square foot building addition to accommodate this pool. The addition, landscaping, and parking are all code compliant. Background On April 4, 2023, City Council approved the 1st reading of this request and directed staff to prepare a development agreement. The applicant is proposing to add an approximately 1,800 square foot single story building addition along the northwest edge of the hotel, within which a new pool would be added. A patio area is also proposed to the west of the addition. As a part of the Holiday Inn Express rebranding, the owners are also undergoing interior renovations and reducing the number of guestrooms from 119 to 99 in order to create larger suites. The LRT right of way acquisition resulted in several parking stalls encroaching on the required parking setback along the southern lot line. The applicant is proposing to remove these stalls to bring the property back into compliance with this setback. Additional stalls would also be removed on the north side of the site to accommodate the building addition. Due to the reduction of rooms, the site will still meet City Code parking requirements after the parking stalls are removed. The applicant is proposing to use a thin brick that will match the existing brick on the building. New landscaping is also included in the plans. The 120-day review period expires on June 21, 2023. Attachments 1. Resolution for Site Plan 2. Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HOLIDAY INN EXPRESS BY MICHAEL MONN ARCHITECTS WHEREAS, Michael Monn Architects, the applicant, has applied for Site Plan approval of Holiday in Express to add an approximately 1,800 square foot addition for a new pool at 7740 Flying Cloud Drive on property described in Exhibit A; WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 13, 2023 meeting and recommended approval of said site plan; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 4, 2023 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to construct an approximately 1,800 square foot addition to an existing building, subject to the Development Agreement between SB Hospitality LLC, a Minnesota limited liability company, and the City of Eden Prairie, reviewed and approved by the City Council on May 16, 2023. ADOPTED by the City Council of the City of Eden Prairie this 16th day of May, 2023. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk EXHIBIT A Holiday Inn Express Site Plan Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Lot 2, Block 1, Promontory Ridge, according to the recorded plat thereof, Hennepin County, Minnesota CITY COUNCIL AGENDA SECTION: Consent DATE: 05/16/2023 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION: Appoint New Chair to the Heritage Preservation Commission (HPC) ITEM NO.: VIII.C. Requested Action Move to: Appoint Steve Schumacher as Chair of the Heritage Preservation Commission Synopsis On March 7, 2023, Rod Fisher was re-appointed for a second term on the HPC and appointed as chair. After already serving as chair for one year, Rod has decided to step down from his position as chair, but he will remain on the Commission. Current Commissioner, Steve Schumacher, has expressed an interest in taking on the role of chair. Steve has served on the Commission for two years and he will effectively serve as chair of the HPC. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 16, 2023 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve Contract with Minnesota Native Landscapes for Edenbrook Conservation Area Woodland Enhancement ITEM NO.: VIII.D. Motion Move to: Accept quote and authorize entering a Contract for Goods and Services with Minnesota Native Landscape for the Edenbrook Conservation Area Oak Woodland Enhancement at an amount not to exceed of $48,235.00. Synopsis Staff has been working to remove buckthorn and restore woodland pockets within Edenbrook Conservation Area. This work utilizes Conservation Partners Legacy (CPL) grant funds from the MN Department of Natural Resources. Seven ecological restoration vendors were contacted and sent a Request for Bids to conduct invasive species management, a prescribed burn, and seeding. An on-site pre-bid meeting was held with four vendors attending. Of the seven vendors that staff communicated with, four submitted a proposal. Background Edenbrook Conservation Area is a 235-acre complex of wetlands and upland knolls. These upland knolls have become overgrown with buckthorn and other invasives species over the years. Staff have identified 9.5 acres to begin restoration efforts, with plans to continue in future phases the other upland knolls, pending future grant funding. In the winter of 2022 and 2023, City staff have done initial removals of buckthorn using specialized equipment (brush mower/forestry mower). Utilizing this contract will help the City to enhance the native plant community to be resilient to invasive species, and to showcase integrative methods. This contract fulfills the grant requirements and lays out specific management and seeding to fit current site conditions. The total cost of the project is in line with initial estimates staff received and funding for this project will come from the 2022 MN DNR CPL grant funds. Attachment Contract Vendor Pricing Page 1 of 17 City of Eden Prairie Edenbrook Oak Woodland Enhancement Contracted Services Submission: Bids shall be submitted electronically to kwittner@edenprairie.org before April 26, 2023 by 9 am to be considered. Site Address: Edenbrook Conservation Area 6655 Dell Road, Eden Prairie, MN 55344 Project Manager: Karli Wittner, Forestry & Natural Resources Supervisor Ph: 952-949-8463 kwittner@edenprairie.org 15150 Technology Drive, Eden Prairie, MN 55344 Page 2 of 17 City of Eden Prairie Requirements for Contract Services 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 above ‘City of Eden Prairie Edenbrook Oak Woodland Enhancement’ 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 the date both the City and Contractor sign the contract. The work shall be completed June 1, 2025. 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, Exhibit B, and Exhibit C. b.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. 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 owner, to present a first class operation. 4.City’s Obligations. City will do or provide to Contractor the following: a.Provide access to City properties as appropriate. 5.Compensation for Services. City agrees to pay the Contractor as listed on ‘City of Eden Prairie Edenbrook Oak Woodland Enhancement’ as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A, Exhibit B, and Exhibit C. a.Any changes in the scope of the work which may result in an increase to the compensation due to the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b.If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6.Method of Payment. a.Contractor shall prepare and submit to City itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b.Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c.No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. Page 3 of 17 7.Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8.Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9.Insurance. a.General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall 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 Page 4 of 17 form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. 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 17 i.Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii.Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11.Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 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. Page 6 of 17 c.In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15.Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 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. Page 7 of 17 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. 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, Page 8 of 17 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. Executed as of the day and year both the City and Contractor signed this document. Page 9 of 17 Exhibit A 1)SCOPE OF WORK 1.City of Eden Prairie proposes to hire an ecological restoration contractor to reduce buckthorn resprouts, prepare site for seeding through prescribed fire, and provide an installation of two native seed mixes at Edenbrook Conservation Area (6655 Dell Road, Eden Prairie, MN 55344). The City has already removed buckthorn via forestry mowing and will perform the first follow-up spray this spring. 2.The objective for this site is to reduce/eliminate invasive vegetation and return fire to an 9.5-acre Oak Woodland plant community to enrich diversity and habitat. 2)QUALIFICATIONS 1.Herbicide applicators must be Minnesota Department of Agriculture Commercial certified pesticide applicators. Herbicide application must follow industry standards for temperature and weather conditions, according to label directions and the State of MN Commercial Pesticide Applicator Manual. Label directions must be followed; active ingredient must be of sufficient percentage to effectively kill the target weeds. Herbicide application must follow label instructions and recommendations, and applicator must follow all industry safety standards. 2.Contractor shall have a minimum of three years of prescribed fire experience. Contractor shall have all personnel complete sufficient training at a minimum the L-180, S-130, and S-190 courses. Burn bosses (MRxB3 or above) shall have a minimum of three years documented leadership in a prescribed fire setting. Contractors shall demonstrate knowledge of ignition techniques, smoke management, weather interpretation, fire suppression, and mop-up procedures. 3)SPECIFICATIONS – GENERAL 3.The Contractor is required to meet with the City on site prior to any work beginning on this contract. The pre-bid meeting may count towards this requirement. 4.The Contractor needs to build labor, materials, equipment, and mobilization expenses into their cost per ‘activity’. The Contractor will need to include on the invoice the management activity completed, and date work took place. Performance Standards must be met before payment will be issued. 5.Contractor will notify the City’s Project Manager at least 24-hours in advance of when they plan to be on-site. The Contractor must also contact the City’s Project Manager within the first 48 hours of work occurring on this project to confirm that work went as intended. 6.Contractor shall provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000. Contractor must provide a certificate of workers compensation coverage prior to starting work. All costs for fuel, parts, equipment, and labor are the contractor’s responsibility. 7.Work may only be performed from 7AM-7PM, Monday through Friday, unless prior approval is given by the City’s Project Manager. Work may not occur on holidays recognized by the City of Eden Prairie. Page 10 of 17 8.For all tasks, follow best management practices to minimize negative impacts including but not limited to soil compaction, rutting, and other soil disturbances; herbicide drift and non-target impacts; disturbance to nesting birds and other wildlife. Any rutting of soils or damage to land must be mitigated before payment will be granted. 9.Vehicles are not allowed on steep slopes (greater than 40% grade). 10.Care should be taken to minimize negative impacts to existing desirable plants using selective herbicides and seasonal timing for spraying. 11.Any machinery/equipment used on this contract must be thoroughly cleaned prior to entering a site to prevent bringing in undesirable seeds. 12.No portion of the work on this contract may be sub-contracted or performed by another contractor other than the contractor listed in this agreement, unless approved by the City. 13.Failure to abide by any of these specifications could result in nonpayment for services or immediate termination of this contract, as decided by the City. 4)SPEFICIATIONS – INVASIVE MANAGEMENT 14.Manage all Undesirable Species by the Contractor such that seedset is reduced or eliminated and the ability of the plant to compete with desirable vegetation is greatly reduced. 15.Avoid herbicide application on windy days and ensure a rain-free period of at least 3 hours after application. 16.All undesirable woody plants greater than 4” DBH (diameter at breast height) must but cut and stumps treated. 17.All undesirable woody plants smaller than 4” DBH (diameter at breast height) must receive basal bark treatments. 18.Aquatic formula is required when applying within 100 feet of a wetland. Agri-Dex (Helena) is the only surfactant to be added to herbicides mixes applied on or near water unless otherwise approved by the City prior to treatment. 19. Herbicide should be applied when targeted plants are not dormant. This is typically between April and November but varies year to year. 20.Use herbicide dye with herbicide so the City can see what was treated. 21.Herbicide applicators must be able to accurately identify all target plants, particularly common and glossy buckthorn, honeysuckle, and garlic mustard. Page 11 of 17 5)SPECIFICATIONS – SEEDING & SEED MIX 22.This project site is a Minnesota plant community FDs37b Pin Oak-Bur Oak Woodland. 23.Contractor must use appropriate cover crop, such as Common Oats (Avena sativa), that are not fertile and will not outcompete with native plants. 24.First seed mix will be a graminoid exclusive mix, with the purpose to provide a quick establishment to help carry fire across the site. This seeding must take place with appropriate timing to increase establishment potential, before burning takes place. Therefore, the first seeding must take place before June 30, 2023. No site prep is needed for this mix. See Following page for seed list. 25.Second seeding must take place within an appropriate window to increase establishment. The RX burn will act as site prep for this seed mix. Preference is either winter seeding before major snow occurs or spring seeding after spring thaw. See following page for seed list, any substitutions need to be species that occur in Oak Woodland plant communities. 6)SPECIFICATIONS – Prescribed Burn 26.Prescribed burns are to be performed in spring of 2024, or if absences of appropriate burning window, then completion in spring of 2025. Burns will be priced per site to complete the entire burn. Burn must be timed/performed to ensure hottest fire to kill/injure existing woody plants and burn other existing plant material off. 27.Contractor must obtain permits and variances from Eden Prairie Fire Department and MN DNR for all burns and must abide by all rules and regulations from these entities, including contacting dispatch and the DNR before and after burning as directed. 28.Conduct a site visit and prepare a burn plan for site. Submit the burn plan to the Forestry & Natural Resources Supervisor when other permits and variances is submitted. 29.Contractor is responsible for protecting all items not in the burn permit, including in part: all infrastructure, utilities, and private property. The Contractor shall be liable for remedying damage due to prescribed fire. 30.The Contractor will install all burn breaks, unless otherwise noted. Burn breaks will be installed in a manner that will not cause major erosion issues, although burn breaks to mineral soil is acceptable so long as the second seeding will cover area. 31.A minimum of one week notice to City staff is required prior to burns taking place. Notifications to residents will be handled by the City prior to burns. 32.Conduct the controlled burn on a day(s) with appropriate wind speeds/direction, humidity, and temperatures. Appropriate wind shall be that which impacts the least amount of residents. Avoid winds that will heavily smoke neighbors or roads. 33.Contractor shall provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000. Contractor must provide a certificate of workers compensation coverage prior to starting work. All costs for fuel, parts, equipment, and labor are the contractor’s responsibility. 34.Burning personnel should not be smaller than six staff. The Burn Boss will remain onsite for the entire duration of the burn. 35.The contractor shall mop-up all burned material. There shall be no burning/smoking material when contractor leaves site. Page 12 of 17 PERFORMANCE STANDARDS Management Task Payment Schedule Performance Standards Corrective Measures Herbicide Application Full payment upon completion and achievement of performance standard. 95% of Undesirable Species have been treated and there is visual confirmation of treatment by City Project Manager. All specifications in this contract have been met. Contractor must send crew out to treat missed undesirable species within two weeks after initial application. Contractor will not be paid for additional hours for re-treatment within this time period. After re-inspection and confirmation of completeness by the City, payment will be released for initial visit. Broadcast Seeding Full payment upon completion and achievement of performance standard. Seed mix and cover crop covers entire 9.5-acre area, excluding trails. Contractor must send crew out to reseed missed areas within three weeks after initial application. Contractor will not be paid for additional hours within this time period. After re-inspection and confirmation of completeness by the City, payment will be released. Seed Mix 1, Seed Mix 2 & Cover Crop Full payment upon completion and achievement of performance standard. The City is supplied with the intended species list and an updated version of the seed mix as needed. The lists must include the species, amount used (% of mix, Seeds/ Sq ft, and PLS lbs/acre), and county of origin. Appropriate and reasonable cover of planted species presents per Project Manager judgement. Only species native to Hennepin County or surrounding area may be used within the seed mix. Although the genetic origin of species may come from areas outside of Hennepin County. Contractor must send any changes or corrections made to the seed mix to the City, before any broadcast seeding can be done. Failure to do this may prevent payment being released until the City has been given proper documentation of the seed utilized. Prescribed Burn Full payment upon completion and achievement of performance standard Within burn unit(s), a minimum of 75% of the fine fuels with appropriate height, connectivity, and moisture have burned. Contractor will burn missed portions of site, or a price decrease will be negotiated between the Contractor and the City. IMPORTANT NOTE: Any performance standard(s) not met, as determined by the City, shall require correction by Contractor. Method of correction will be discussed with and approved by the City in writing prior to implementation. Corrections shall be implemented by Contractor at Contractor’s expense until all performance standards are met. Page 14 of 16 OFFICIAL BID FORM *All site maps can be found in Exhibit B* Invasive Species Management Activity Main Target Cost Fall 2023 Herbicide Application Buckthorn resprouts $ Spring 2024 Herbicide Application Garlic Mustard, buckthorn seedlings $ Fall 2024 Herbicide Application Buckthorn seedings, any additional invasive species $ Seed Establishment & Maintenance Activity Tentative Timeline Cost Broadcast Seed Mix 1 Fall/Winter 2023 $ Broadcast Seed Mix 2 Following Rx Burn $ RX Burn Unit Acres Tentative Timeline Cost 1 7.6 Spring 2024 or Spring 2025 $ 2 1.8 Spring 2024 or Spring 2025 $ Seed Mix Seed Mix Name Objective Cost Seed Mix 1-Graminoid Cover Establish a cover to carry fire and to reduce buckthorn cover $ Seed Mix 2- Oak Woodland Increase Species diversity, pollinator habitat, wildlife habitat $ All of the costs above in orange must be completed by the Contractor in order for the bid to be valid. The contract will be awarded based on the lowest lump sum bid Contractor Contact Information Company Name: Primary Contact: Company Email: Company Phone #: *Need to sign on next page and return entire document to complete bid* 2,700 2,700 4,865 2500 8,055 11,740 Total Dollar Amount Awarded: $48,235 6,175 4,750 4,750 Page 15 of 16 2.COMMENCEMENT OF WORK, COMPLETION OF WORK, AND INVOICING 24.All work shall be completed by June 1, 2025, with no opportunity for extension. 25.The Contractor will need to furnish the City with a list indicating the date the site was worked on, the targeted plant(s), and the management activities completed with each invoice. A copy of the record of all pesticide/herbicide applications shall be submitted to the City. Submitting records with invoices is acceptable. 26.Invoicing for completed work shall not be submitted more frequently than monthly. 27.E- mail invoices to kwittner@edenprairie.org 28.The undersigned, after having personally examined the plans, specifications, for the proposed work, hereby proposes to furnish all labor, materials, equipment, and service necessary for the work outlined in this contract. 29.The undersigned further agrees to fully complete all such work and to maintain the entire work in a proper and workman like manner until approved and accepted by the City’s Project Manager in accordance with this contract. 30.The undersigned further proposes to comply with all legal requirements of contractors on public property. 31.It is hereby agreed that the City of Eden Prairie has the right to reject this proposal or to award the work to the undersigned at the prices stipulated. The City of Eden Prairie also reserves the right to increase or decrease the quantity of work as indicated in the original proposal at any time. By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the ‘City of Eden Prairie Requirements for Contract Services’ found below. If the city accepts the proposed bid, a city representative will sign below and return to the company, making this a formal contract. Contractor signs at time of bid. _____________________________________________ Legal Name of Company _____________________________________________ Legal Address of Company By_______________________________ _________________________ Authorized Company Representative Date City fills out after accepting bid. Authorized By_________________________________________ _______________________ City of Eden Prairie Representative Date Contractor has the winning bid for this contract and can move forward with work as soon as a copy signed by the city is received. Page 15 of 17 Exhibit B: SITE MAPS & DESCRIPTIONS Unit 1 Unit 2 Page 16 of 17 Exhibit C: Seed Mixes Date:4/24/2023 Total Acres:9.50 PLS lbs/acre:10.00 Total PLS lbs:95.00 Price/acre:$847.90 Sales Contact:Total Price:$8,055.05 Email: Colleen Quiram colleen.quiram@mnlcorp.com Scientific Name Common Name % of Mix PLS lbs/ac Total PLS lbs Grasses:5.00 0.50 4.754.00 0.40 3.80 6.00 0.60 5.705.00 0.50 4.7520.00 2.00 19.0020.00 2.00 19.0020.00 2.00 19.00 Bromus pubescens Carex blanda Carex molesta Carex sprengelii Elymus canadensis Elymus hystrix Elymus villosus Elymus virginicus Hairy Wood Chess Eastern Woodland Sedge Troublesome Sedge Long-beaked Sedge Canada Wild Rye Bottlebrush Grass Silky Wild Rye Virginia Wild Rye 20.00 2.00 19.00 Terms: Order Minimum: Custom seed mixes less than $250 will be assessed a $50 mixing fee. Minimum $10 order per individual species. Pricing: Prices and availability subject to change at any time without notice. Terms: Payment due upon receipt for all customers. Approved credit customers Net 30 days. Freight: All prices are FOB Foley MN. Shipping and/or delivery available. Warranty: MNL strives to produce the highest quality native seed and plants, but we do not warranty/guarantee our products due to factors outside our control. If an item was damaged in shipping or you have other concerns about quality, please contact MNL Customer Service at info@mnlcorp.com Edenbrook Enhancement Seed Mix 1 8740 77th St NE Otsego, MN 55362 Office: (763) 271‐1074 Date:4/24/2023 Total Acres:9.50 PLS lbs/acre:3.00 Total PLS lbs:28.50 Price/acre:$1,235.80 Sales Contact:Colleen Quiram Total Price: $11,740.10 Email:colleen.quiram@mnlcorp.com Scientific Name Common Name % of Mix PLS lbs/ac Total PLS lbs Grasses:Carex blanda Eastern Woodland Sedge 4.00 0.12 1.14 Carex radiata Eastern Star Sedge 4.00 0.12 1.14 Elymus hystrix Bottlebrush Grass 6.00 0.18 1.71 Oryzopsis asperifolia Rough-leaved Ricegrass 6.00 0.18 1.71 Shrubs:Prunus virginiana Choke Cherry 6.00 0.18 1.71 Corylus americana American Hazelnut 8.50 0.26 2.42 Cornus racemosa Gray Dogwood 6.00 0.18 1.71 Diervilla lonicera Dwarf Bush Honeysuckle 2.50 0.08 0.71 Sambucus racemosa Red Elderberry 2.00 0.06 0.57 Forbs:Anemone canadensis Canada Anemone 2.50 0.08 0.71 Anemone virginiana Tall Thimbleweed 2.00 0.06 0.57 Aquilegia canadensis Columbine 2.00 0.06 0.57 Campanula americana Tall Bellflower 2.25 0.07 0.64 Caulophyllum thalictroides Blue Cohosh 6.00 0.18 1.71 Cryptotaenia canadensis Canadian Honewort 4.00 0.12 1.14 Eurybia macrophylla Large-leaved Aster 0.50 0.02 0.14 Maianthemum racemosum Solomon's Plume 9.00 0.27 2.57 Mitella diphylla Bishop's Cap 1.00 0.03 0.29 Osmorhiza claytoni Sweet Cicely 2.50 0.08 0.71 Polygonatum biflorum Solomon's Seal 9.00 0.27 2.57 Sanguinaria canadensis Bloodroot 1.00 0.03 0.29 Solidago nemoralis Gray Goldenrod 2.25 0.07 0.64 Symphyotrichum lateriflorum Calico Aster 3.00 0.09 0.86 Thalictrum dioicum Early Meadow Rue 0.50 0.02 0.14 Uvularia grandiflora Large-flowered Bellwort 6.50 0.20 1.85 Veronicastrum virginicum Culver's Root 1.00 0.03 0.29 Terms: Order Minimum: Custom seed mixes less than $250 will be assessed a $50 mixing fee. Minimum $10 order per individual species. Pricing: Prices and availability subject to change at any time without notice. Terms: Payment due upon receipt for all customers. Approved credit customers Net 30 days. Freight: All prices are FOB Foley MN. Shipping and/or delivery available. Warranty: MNL strives to produce the highest quality native seed and plants, but we do not warranty/guarantee our products due to factors outside our control. If an item was damaged in shipping or you have other concerns about quality, please contact MNL Customer Service at info@mnlcorp.com Edenbrook Enhancement Seed Mix 2 8740 77th St NE Otsego, MN 55362 Office: (763) 271‐1074 Page 17 of 17 Vender Pricing Invasive Species Management Activity NRP MNL Landbridge Stantec Fall 2023 Herbicide Application $4,500.00 $6,175 $9,880 $4,919 Spring 2024 Herbicide Application $4,500.00 $4,750 $9,330 $4,919 Fall 2024 Herbicide Application $3,600.00 $4,750 $9,330 $4,919 Seed Establishment & Maintenance Activity NRP MNL Landbridge Stantec Broadcast Seed Mix 1 $1,700 $2,700 $2,640 $1,617 Broadcast Seed Mix 2 $1,700 $2,700 $3,520 $1,617 Rx Burn Activity NRP MNL Landbridge Stantec Unit 1 $6,650 $4,865 $3,955 $7,944 Unit 2 $3,990 $2,500 $1,030 $1,986 Maintenance Totals: NRP MNL Landbridge Stantec Total: $26,640 $28,440 $39,685 $27,921 Seed Mix Activity NRP NRP (# Species) MNL MNL (#Speces) Landbridge Landbridge (#Speces) Stantec Stantec (#Speces) Seed Mix 1 $11,725 8 $8,055 8 $6,594 11 $6,080 Not Received Seed Mix 2 $29,245 15 $11,740 26 $25,944 36 Not Received Seed Mix Totals: NRP MNL Landbridge Stantec Total: $40,970 $19,795 $32,538 $6,080 Due to Stantec providing a late and incomplete bid, their bid is not being considered. Maintenance was weighted separately from seed mix costs, before being combined. Although, MNL came in a bit higher in maintenance costs, they are able to provide a better- quality seed mix with more species diversity than the other venders. This made the total cost for this contract within budget for the CPL grant. See below for total costs: Contract Totals: NRP MNL Landbridge Stantec Total: $67,610 $48,235 $72,223 $34,001 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 16, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: #23801 Approve Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for 2023 Pavement Rehab Project ITEM NO.: VIII.E. Requested Action Move to: Approve the Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for the 2023 Pavement Rehab Project in the amount of $37,840.00. Synopsis This Professional Services Agreement will provide construction materials testing services for the 2023 Pavement Rehab Project. Construction will take place this summer. Background Information The Bituminous Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals, full depth reclamation and stabilized full depth reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will perform is to assure that the materials used by the contractor meets the required specifications. Financial Implications The Professional Services Agreement with Braun has an estimated cost of $37,840. Funding for the project is from Pavement Management funds. Attachment Professional Services Agreement 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 16th day of May, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec Corporation (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 11001 Hampshire Avenue S., Minneapolis, MN, 55438. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for 2023 Pavement Rehab Construction Testing Services hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (letter dated May 9, 2023) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 16, 2023 through October 31, 2023 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $37,840.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Page 2 of 10 2021 04 22 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by Page 3 of 10 2021 04 22 the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written Page 4 of 10 2021 04 22 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident Page 5 of 10 2021 04 22 $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 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. Page 6 of 10 2021 04 22 i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. Page 7 of 10 2021 04 22 q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party Page 8 of 10 2021 04 22 using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with Page 9 of 10 2021 04 22 the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 10 of 10 2021 04 22 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com May 9, 2023 Proposal QTB177540 Ms. Ashton Kogel City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Proposal for Construction Materials Testing Services 2023 Pavement Rehabilitation Project Eden Prairie, Minnesota Dear Ms. Kogel: Braun Intertec Corporation appreciates the opportunity to provide this proposal to provide construction materials testing for the City’s 2023 Pavement Rehabilitation Project. Our Understanding of Project Per our previously performed work and the plans provided, we understand the City’s 2023 project will include the following repairs:  Full-depth reclamation - FDR (about 7.2 miles)  Stabilized full-depth reclamation - SFDR (about 0.8 miles)  2-inch mill-and-overlay (about 3.3 miles)  3.5-inch mill-and-overlay with undersealing (about 1.5 miles). We understand work with the construction contractor will begin no earlier than June 20, 2023 and is to be completed by September 1, 2023. Available Project Information This proposal was prepared using the following documents and information.  Our Pavement Evaluation Report dated April 25, 2023 (Braun Intertec project number B2208681).  Request for Proposal Email prepared by Ashton Kogel with the City of Eden Prairie sent on May 1, 2023.  Estimates provide by the City of overlay quantities.  City of Eden Prairie Special Conditions for 2023 Pavement Rehabilitation Project I.C. 23801 document, as provided by Ashton Kogel on May 1, 2023. City of Eden Prairie Proposal QTB177540 May 9, 2023 Page 2 Scope of Services - Construction Material Testing We propose the following tasks. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soils Related Services (FDR and SFDR streets)  Sample and test full depth reclamation for compliance with the project documents. This task includes laboratory gradation testing of full depth reclamation.  Perform MnDOT dynamic cone penetrometer (DCP) tests on full depth reclamation materials. Bituminous Related Services (FDR, SFDR and mill-and-overlay streets)  Randomly determine and mark pavement core locations.  Obtain bituminous cores and measure the thickness and density of the compacted bituminous pavement by the core method for compliance with the project documents. This task includes coring equipment rental, performing the coring and patching the core holes.  Laboratory testing of cores to determine density and measure thickness. Consulting, Project Communication and Reporting Services  Project management, including scheduling of our field personnel.  Review test reports, and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed.  Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include:  We understand compaction testing on full depth reclamation materials will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of 3 tests will be conducted each trip with 15 trips assumed.  We assume we will core the bituminous pavement 2 times a week for 10 weeks. We also assume we will core up to 6 cores per trip.  We assume we will use the contractor’s bituminous mixture properties to assist in determining core density. City of Eden Prairie Proposal QTB177540 May 9, 2023 Page 3  Where required, we assume traffic control for all project areas will be provided for our coring crews by the City of Eden Prairie and/or the contractor for this project.  We understand your full-time on-site construction observer will observe the test rolling for this project.  You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work.  We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Fees We will furnish the services described herein for an estimated fee of $37,840. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. Additional Services and Overtime It is difficult to estimate all of the services, and the quantity of each service, that will be required for any project. Our services are also directly controlled by the schedule and performance of others. For these reasons, our actual hourly or unit quantities and associated fees may vary from those reported herein. If the number of hours or units ultimately required exceed those assumed for purposes of this proposal, they will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are ultimately required that have not been identified or described herein, they will be invoiced in accordance with our current Schedule of Charges. Prior to exceeding our estimated fees, we will update you regarding the progress of our work. Fees associated with additional services will be summarized in a Change Order and submitted to you for review and authorization. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal work hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the normal hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be City of Eden Prairie Proposal QTB177540 May 9, 2023 Page 4 1.5 times the normal hourly rate for the service provided. We have not included premiums for overtime; however, we recommend that allowances and contingencies be made for overtime charges. You will be billed only for services provided on a time and material basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie with this proposal included as Exhibit A. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Amy J. Grothaus, PE Account Manager, Senior Engineer Charles M. Cadenhead Jr, PE Vice President, Principal Engineer Attachment: Cost Estimate Table Client:Service Description:Work Site Address: Various City Streets Eden Prairie, MN City of Eden Prairie Ashton Kogel 8080 Mitchell Rd Eden Prairie, MN 55344 (952) 937-1210 Construction Material Testing Proposal Total:$37,840.00 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Aggregate Testing $7,960.00 1162 Sieve Analysis with 200 wash, per sample 10.00 Each 142.00 $1,420.00 217 Compaction Testing - DCP 45.00 Hour 88.00 $3,960.00 Work Activity Detail Qty Units Hrs/Unit Extension DCP 15.00 hours 3.00 45.00 209 Sample pick-up 15.00 Hour 88.00 $1,320.00 1861 CMT Trip Charge 30.00 Each 42.00 $1,260.00 Activity 1.2 Pavement Testing $25,684.00 1542 Thickness and Density of Bituminous Core (ADTM D 2726)120.00 Each 56.00 $6,720.00 252 Bituminous Coring 80.00 Hour 200.00 $16,000.00 Work Activity Detail Qty Units Hrs/Unit Extension Coring 20.00 Trips 4.00 80.00 1555 Bit wear and patch material, per core 118.00 Each 18.00 $2,124.00 1861 CMT Trip Charge 20.00 Each 42.00 $840.00 Activity 1.3 Project Management $4,196.00 190 Senior Engineer 15.00 Hour 194.00 $2,910.00 228 Senior Project Manager 3.00 Hour 194.00 $582.00 238 Project Assistant 8.00 Hour 88.00 $704.00 Phase 1 Total:$37,840.00 Page 1 of 105/06/2023 08:21 AM Project Proposal QTB177540 City of Eden Prairie 2023 Pavement Rehabiliation Project CMT CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 16, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: I.C. 23801 Award Contract for the 2023 Pavement Rehab Project to Bituminous Roadways, Inc. ITEM NO.: VIII.F. Requested Action Move to: Award the Contract for 2023 Pavement Rehab Project to Bituminous Roadways, Inc. in the amount of $3,879,285.00. Synopsis Sealed bids were received on Thursday, May 4, 2023 for the 2023 Pavement Rehab Project. Seven (7) bids were received and are summarized below. The low bid in the amount of $3,879,285.00 was submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and recommends awarding the contract for the project to Bituminous Roadways, Inc. in the amount of $3,879,285.00. Bid Summary: Bituminous Roadways, Inc. $3,879,285.00 GMH Asphalt Corporation $4,115,577.00 Northwest $4,269,095.50 Park Construction Company $4,281,489.00 S.M. Hentges & Sons, Inc. $4,479,440.00 OMG Midwest Inc. dba Minnesota Paving & Materials $4,704,102.00 Asphalt Surface Technologies Corp. $4,900,251.00 Background Information The Bituminous Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The 2023 Operating and Maintenance budget for pavement management projects is $152,000 with the majority of funding being generated from the Pavement Management CIP. The Pavement Management CIP is funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota Valley Electric collecting monies annually for pavement maintenance. In addition to this pavement rehab project, the pavement maintenance CIP fund also finances seal coating and other pavement improvement projects. Attachment • Contract 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this ___ day of ______________ 2023, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Bituminous Roadways, Inc., hereinafter referred to as the “CONTRACTOR.” WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 23801 – 2023 Bituminous Pavement Rehab Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $3,879,285.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. 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 (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 may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Public Hearing DATE: May 16, 2023 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Vacation 23-02 Vacation of Drainage and Utility Easements ITEM NO.: IX.A. Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The Property Owners have requested a lot line adjustment of Lots 1 and 2, Block 1, Victory Lutheran Church Addition. In order to approve the lot line adjustment, the platted drainage and utility easements adjoining the existing lot line between the two properties need to be vacated. New drainage and utility easements will need to be granted along the adjusted lot line. Background Information The drainage and utility easements were originally dedicated on the plat of Victory Lutheran Church Addition. New drainage and utility easements along the adjusted lot line will be granted as a condition of the lot line adjustment. The recording of the resolution vacating the existing drainage and utility easements will be conditioned on the recording the drainage and utility easements along the new lot line. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023- VACATION OF PART OF THE DRAINAGE AND UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOTS 1 & 2, BLOCK 1, VICTORY LUTHERAN CHURCH ADDITION VACATION 23-02 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: A drainage and utility easement strip ten feet wide across that part of Lots 1 and 2, Block 1, VICTORY LUTHERAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: The centerline of said easement begins at the northwest corner of said Lot 2; thence southerly along the west line of said Lot 2 to the southwest corner of said Lot 2 and there terminating. Said easement lies south of LINE A and north of LINE B. Said LINE A is the south line of the north five feet of said Lots 1 and 2. Said LINE B commences at said northeast corner of said Lot 1; thence South 89 degrees 38 minutes 14 seconds West along the north line of said Lot 1 a distance of 60.00 feet to the point of beginning; thence South 00 degrees 21minutes 46 seconds East 172.27 feet along the east line of a 150 feet wide drainage and utility easement across said Lot 1, thence South 70 degrees 13 minutes 37 seconds East along the northeast line of a 20 feet wide drainage and utility easement across said Lot 1, to the east line of said Block 1 and there terminating. WHEREAS, a Public Hearing was held on May 16, 2023, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until a new drainage and utility easement document has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easement document has been recorded. ADOPTED by the Eden Prairie City Council on May 16, 2023. ________________________ Ronald A. Case, Mayor ATTEST: _______________________ Nicole Tingley, City Clerk 16172120RD.HILLTOPRD.PALMETTO A . W. S T A R I N G LA.RD.DR.W A L L A C E S.BAYCV.NECHASCIR . VIEW LA.CANYONRIDGEMORRAINEWAYSANDHILLCIR.RED ROCK HILLSIDEM O N T E R E Y C T . CT. LA N C A S T E R L A .NSMACHCOREVE R E R D .RIDGECEDARE. SUNRISE CIR.GCOTTONWOODL T TEAL WOODCT.BURG CT. WILLIAMS CT.MASON'SPOINTEPIONTER ULDOB RISEBOULDERKENNINGSYVLNARIDGEOGULDRD.CIR. DRES SENGA LN.LA R I V I E R CT.WESTONBAYRD.ISLANDTIMBER LA K E FUL L E R R D .W. 79TH ST.VILLAEGSHERIDAN LA.OAKRD.DR.DR.WOODSSUMMITDR.REDOAKDR.CORRALLA.KELSEY LA.MAYFIELD DR.PKENDICOTTTR.RIDGERD.E. S T A R I N G L A .BERGERDR.MEA DOWVALE DR.LAKESHOREDR.DR. DR. SALUGDO RD.DEWEYCT.RD. CIR. NORWOODRH E CTATHDR.MILLFORDDR.TR.CANDLEWOODSTA NLEY LANGCIR. SUNRISEW.16.17.18.19.CAMDHILL FORDPL.BRADBSH RD DE CT. WAY DR.PO INTE RD.SWEET WATERCIR.HI C V . STA BU RRYW E S T HILL BRI ST OLRALEIGHERS L A . T R E N T O N DR.WAVERLY CT. RD.DR.MILLERP KW Y .CT . CA AR KE T DR . RBY H A NO V EBAINBRIDGE SHORELIN DR.BRAXT O N POINTEROCOVEAZALEA TR.DR. C T . BELVEDERE V A N T A G E NEWL A . N MONT G O M E R Y CT. RD.103.110.E E CEDAR FOREST RD. EP WY.ASTIR BR XTO D R . A N RUPLN.LA.XFORD DR.PL.ONENCLAVECIR.SERENITYLN.TEWAYHARROW WAY ELLE T CIR.LTECHNOLOGYSCE N I C H E I G H T S SCENIC HEIGHTS RD.55.56.57.1415CUR IS LA.T BISCAYNEBLVD.GLORYLA.M ND HEIGHTSRD.H RSU T O N D R . EDEN PRAIRIE RD . MITCHELL RD.PIONEERPRAIRIEEDEN RedLakeMitchellRock212212212414MillerParkPioneerParkRed RockLake ParkLL ERD.S C H O O L R D . PRESCOTT Central MiddleSchoolCedar RidgeElementarySchoolG:\Engineering\Drawings\Public Works\Easements\Vacations\2023\VAC 23-02.dwg DATE: 04/18/2023VACATION LOCATION MAPVAC 23-02SITE LOT LINE ADJUSTMENT PROPOSED PARCELS A and B with proposed new north and south easements proposed easement to vacate St a t e E n g i n e e r i n g a n d S u r v e y i n g C o m p a n yPREPARED FORKATHRYN ERVIN16026 LAKESHORE DRIVEEDEN PRAIRIE MN 55347SITE LOCATION16026 LAKESHORE DRIVEEDEN PRAIRIE MN 553475709 McGUIRE ROADEDINA MN 55439952-854-9002www.state-engineering.comCURRENT LEGAL DESCRIPTION ** Lot 1, Block 1, VICTORY LUTHERAN CHURCH ADDITION, Hennepin County Minnesota. ** According to Hennepin County tax statement ** PID: 1711622440025, 16200 Berger Drive, Eden Prairie, MN 55347, owner: Victory Lutheran Church PARCEL B PROPOSED - BOUNDARY ADJUSTED LEGAL DESCRIPTION Lot 1, Block 1, VICTORY LUTHERAN CHURCH ADDITION, Hennepin County Minnesota. Except that part of said Lot 1 described as follows: Beginning at the northeast corner of said Lot 1 ; Thence South 00 degrees 22 minutes 07 minutes West, assumed bearing, 230.14 feet to the southwest corner of Lot 2, Block 1 VICTORY LUTHERAN CHURCH ADDITION; Thence North 25 degrees 12 minutes 45 seconds West 157.63 feet; Thence North 00 degrees 21 minutes 46 seconds West 87.09 feet to the north line of said Lot 1; Thence North 89 degrees 38 minutes 14 seconds East 69.18 feet along said north line to the point of beginning. CURRENT LEGAL DESCRIPTION ** Lot 2, Block 1, VICTORY LUTHERAN CHURCH ADDITION, Hennepin County Minnesota. ** According to Hennepin County tax statement ** PID: 1711622440026, 16026 Lakeshore Drive, Eden Prairie, MN 55347, owner: Bradley & Kathryn Ervin PARCEL A PROPOSED - BOUNDARY ADJUSTED LEGAL DESCRIPTION Lot 2, Block 1, VICTORY LUTHERAN CHURCH ADDITION, Hennepin County Minnesota. Together with that part of Lot 1, Block 1, VICTORY LUTHERAN CHURCH ADDITION, described as follows: Beginning at the northeast corner of said Lot 1 ; Thence South 00 degrees 22 minutes 07 minutes West, assumed bearing, 230.14 feet to the southwest corner of said Lot 2 ; Thence North 25 degrees 12 minutes 45 seconds West 157.63 feet; Thence North 00 degrees 21 minutes 46 seconds West 87.09 feet to the north line of said Lot 1; Thence North 89 degrees 38 minutes 14 seconds East 69.18 feet along said north line to the point of beginning.REVISED OCT 19 2022revise drainage andutility easementsPROPOSED EASEMENT TO VACATE A drainage and utility easement strip ten feet wide across that part of Lots 1 and 2, Block 1, VICTORY LUTHERAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: The centerline of said easement begins at the northwest corner of said Lot 2; thence southerly along the west line of said Lot 2 to the southwest corner of said Lot 2 and there terminating. Said easement lies south of LINE A and north of LINE B. Said LINE A is the south line of the north five feet of said Lots 1 and 2. Said LINE B commences at said northeast corner of said Lot 1; thence South 89 degrees 38 minutes 14 seconds West along the north line of said Lot 1 a distance of 60.00 feet to the point of beginning; thence South 00 degrees 21minutes 46 seconds East 172.27 feet along the east line of a 150 feet wide drainage and utility easement across said Lot 1, thence South 70 degrees 13 minutes 37 seconds East along the northeast line of a 20 feet wide drainage and utility easement across said Lot 1, to the east line of said Block 1 and there terminating. PROPOSED EASEMENT TO VACATE PROPOSED NORTH EASEMENT PROPOSED NORTH EASEMENT A drainage and utility easement strip ten feet wide across that part of Lot 1, Block 1, VICTORY LUTHERAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: The centerline of said easement commences at the northeast corner of said Lot 1; thence South 89 degrees 38 minutes 14 seconds West along the north line of said Lot 1 a distance of 60.00 feet; thence South 00 degrees 21 minutes 46 seconds East 106.91 feet along LINE B to the point of beginning; thence South 25 degrees 12 minutes 45 seconds East 86.76 feet to said LINE B and there terminating. Said easement lies east and northeast of LINE B. Said LINE B commences at said northeast corner of said Lot 1; thence South 89 degrees 38 minutes 14 seconds West along the north line of said Lot 1 a distance of 60.00 feet to the point of beginning; thence South 00 degrees 21minutes 46 seconds East 172.27 feet along the east line of a 150 feet wide drainage and utility easement across said Lot 1, thence South 70 degrees 13 minutes 37 seconds East along the northeast line of a 20 feet wide drainage and utility easement across said Lot 1, to the east line of said Block 1 and there terminating.REVISED APRIL 12 2023add proposed easementadd vacating easementPROPOSED SOUTH EASEMENT PROPOSED SOUTH EASEMENT A drainage and utility easement across that part of Lot 1, Block 1, VICTORY LUTHERAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the southwest corner of Lot 2, said Block 1 ; thence North 25 degrees 12 minutes 45 seconds West 11.58 feet to the point of beginning, assumed bearing along the west line of said Lot 2 is North 00 degrees 22 minutes 07 seconds East ; thence North 00 degrees 22 minutes 07 seconds East 6.87 feet ; thence North 70 degrees 13 minutes 37 seconds West 11.26 feet along the southwest line of a 20 feet wide drainage and utility easement across said Lot 1; thence South 25 degrees 12 minutes 45 seconds East 24.61 feet; thence North 00 degrees 22 minutes 05 seconds East 11.58 feet to the point of beginning. APRIL 12, 2023 APRIL 12, 2023 VACATION 23-02 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOTS 1 AND 2, BLOCK 1, VICTORY LUTHERAN CHURCH ADDITION, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 16, 2023 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: A drainage and utility easement strip ten feet wide across that part of Lots 1 and 2, Block 1, VICTORY LUTHERAN CHURCH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: The centerline of said easement begins at the northwest corner of said Lot 2; thence southerly along the west line of said Lot 2 to the southwest corner of said Lot 2 and there terminating. Said easement lies south of LINE A and north of LINE B. Said LINE A is the south line of the north five feet of said Lots 1 and 2. Said LINE B commences at said northeast corner of said Lot 1; thence South 89 degrees 38 minutes 14 seconds West along the north line of said Lot 1 a distance of 60.00 feet to the point of beginning; thence South 00 degrees 21minutes 46 seconds East 172.27 feet along the east line of a 150 feet wide drainage and utility easement across said Lot 1, thence South 70 degrees 13 minutes 37 seconds East along the northeast line of a 20 feet wide drainage and utility easement across said Lot 1, to the east line of said Block 1 and there terminating. By Order of the City Council Published in the Sun Sailor on April 27, 2023 NOTIFICATION LIST VACATION REQUEST 23-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 1711622440014 1711622440015 1711622440016 1711622440025 1711622440026 1711622440027 1711622440028 1711622440029 1711622440030 1711622440031 1711622440032 2011622110058 2011622110070 2011622110071 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: May 16, 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 299989 - 300191 Wire Transfers 1033355 - 1033474 Wire Transfers 9507 - 9542 Purchasing Card 9518 City of Eden Prairie Council Check Summary 5/16/2023 Division Amount Division Amount 100 City Manager 3,049 304 Senior Board 264 101 Legislative 6,249 308 E-911 299 102 Legal Counsel 37,570 309 DWI Forfeiture 3,918 110 City Clerk 772 315 Economic Development 16,696 111 Customer Service 4,650 445 Cable PEG 12,218 112 Human Resources 175 509 CIP Fund 21,868 113 Communications 960 512 CIP Trails 8,173 114 Benefits & Training 2,379 522 Improvement Projects 2006 1,553 131 Finance 157 532 EP Road Connect Flying Cloud 512 132 Housing and Community Services 12,955 804 100 Year History 2 133 Planning 1,331 Total Capital Projects Fund 65,503 136 Public Safety Communications 865 137 Economic Development 40 601 Prairie Village Liquor 72,568 138 Community Development Admin.48 602 Den Road Liquor 147,972 150 Park Administration 14,816 603 Prairie View Liquor 77,242 151 Park Maintenance 36,278 605 Den Road Building 2,249 153 Organized Athletics 185 701 Water Enterprise Fund 160,874 154 Community Center 22,517 702 Wastewater Enterprise Fund 5,951 156 Youth Programs 2,459 703 Stormwater Enterprise Fund 17,513 157 Special Events 1,735 Total Enterprise Fund 484,368 158 Senior Center 655 159 Recreation Administration 3,509 316 WAFTA 50 160 Therapeutic Recreation 384 802 494 Commuter Services 6,103 162 Arts 852 807 Benefits Fund 909,534 163 Outdoor Center 1,310 811 Property Insurance 5,879 168 Arts Center 2,881 812 Fleet Internal Service 78,950 180 Police Sworn 47,827 813 IT Internal Service 30,528 184 Fire 10,499 814 Facilities Capital ISF 13,789 186 Inspections 5,634 815 Facilites Operating ISF 36,966 200 Engineering 964 816 Facilites City Center ISF 56,620 201 Street Maintenance 12,452 817 Facilites Comm. Center ISF 57,502 202 Street Lighting 75,814 818 Dental Insurance 9,967 Total General Fund 311,971 Total Internal Svc/Agency Fund 1,205,888 301 CDBG 1,079 Report Total 2,083,809 321 Opioid Settlement 15,000 Total Special Revenue Fund 16,079 City of Eden Prairie Council Check Register by GL 5/16/2023 Check #Amount Supplier / Explanation Account Description Business Unit Comments 9529 312,657 HEALTHPARTNERS Other Contracted Services Health and Benefits May 2023 Premiums 9521 293,228 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 04.21.23 9519 210,357 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.07.23 9518 102,116 USB-PURCHASING CARD Miscellaneous City Purchasing Card Exp 1033415 75,615 XCEL ENERGY Electric Various Funds 1033387 56,842 CENTERPOINT ENERGY Gas Various Funds 300080 44,665 HYDROCORP Improvement Contracts Water Capital 1033393 40,345 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council 1033366 38,048 CUMMINS SALES AND SERVICE Equipment Repair & Maint Fleet Operating 9523 32,712 EMPOWER Deferred Compensation Health and Benefits 300085 32,658 KEYS WELL DRILLING COMPANY Equipment Repair & Maint Water Treatment 1033388 24,840 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 9522 22,042 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1033448 20,364 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Water Distribution 9533 20,038 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store 300182 19,675 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 300081 18,990 ISG Other Contracted Services Planning & Development 300074 15,798 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds 9528 15,714 WEX HSA - Employee Health and Benefits 300022 15,657 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 300108 15,355 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 300144 15,170 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 300078 15,000 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Opioid Settlement 300114 15,000 WINDOW CONCEPTS OF MINNESOTA INC Accounts Receivable TIF-Eden Shores Senior Housing 300096 14,852 NOW MICRO INC Computers IT Operating 300101 13,789 QUETICA LLC Other Contracted Services Facilities Capital 9540 12,793 CARD CONNECT Bank and Service Charges Community Center Admin 300159 12,416 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1033392 12,218 GRANICUS INC Other Contracted Services Cable PEG 300016 11,916 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 300104 11,563 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital 1033395 11,450 HAWKINS INC Treatment Chemicals Water Treatment 1033394 11,313 HANSEN THORP PELLINEN OLSON Design & Engineering Planning & Development 300030 10,689 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 300152 10,539 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 9539 10,203 CHASE Bank and Service Charges Various Funds 1033382 10,028 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 300089 9,905 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating 1033467 9,375 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 300186 9,084 ALPHA TRAINING AND TACTICS LLC Capital Under $25,000 Police Sworn 9531 8,555 BPAS HRA Health and Benefits 299999 8,549 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 300043 8,453 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1033455 8,173 HANSEN THORP PELLINEN OLSON Other Contracted Services CIP Trails Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033403 7,965 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 300113 7,950 WAYNES HOME SERVICES Window Washing City Hall (City Cost) 300017 7,296 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 300077 7,051 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 300069 7,000 DRONESENSE INC Software Maintenance IT Operating 300095 6,992 NAC Contract Svcs - Plumbing Park Shelters 300066 6,869 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 300075 6,659 GRAYMONT Treatment Chemicals Water Treatment 299993 6,658 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 300079 6,621 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund 1033471 6,544 XCEL ENERGY Electric Traffic Signals 300037 6,219 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 300174 5,751 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 300018 5,712 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1033470 5,576 STREICHERS Clothing & Uniforms Police Sworn 300179 5,463 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 9527 5,059 HEALTHPARTNERS Dental Insurance Dental Insurance 1033408 5,000 SRF CONSULTING GROUP INC Design & Engineering Stormwater Capital 300027 4,923 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 9512 4,908 HEALTHPARTNERS Dental Insurance Dental Insurance 300046 4,686 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 300167 4,408 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 300123 4,395 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 300035 4,353 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 299989 4,320 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 300146 4,292 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 300138 4,285 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 300084 4,185 KENNAMETAL INC Equipment Parts Fleet Operating 300145 4,087 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 300038 4,046 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 300129 3,971 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 300183 3,918 ADESA MPLS Miscellaneous DWI Forfeiture 300005 3,886 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1033401 3,819 METRO SALES INCORPORATED*Other Rentals IT Operating 300091 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 1033458 3,720 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 300045 3,525 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1033383 3,520 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 300169 3,417 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 300067 3,400 DIAMOND ENERGY SYSTEMS Repair & Maint. Supplies Water Treatment 1033391 3,275 GRAINGER Safety Supplies Tennis 1033450 3,258 BOYER TRUCKS Equipment Parts Fleet Operating 300156 3,249 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1033384 3,168 BIFFS INC Waste Disposal Park Maintenance 300088 3,123 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 300013 3,106 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 299995 3,050 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1033372 3,046 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033409 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 300115 2,961 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 1033449 2,920 BORDER STATES ELECTRIC SUPPLY Repair & Maint. Supplies Round Lake 300087 2,756 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 300172 2,744 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 300099 2,656 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance 300004 2,589 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 300157 2,491 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 300121 2,481 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1033456 2,475 HAWKINS INC Repair & Maint. Supplies Water Treatment 300136 2,457 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1033459 2,434 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 1033400 2,249 MENARDS Repair & Maint. Supplies Pool Maintenance 300106 2,079 STERLING FENCE INC Other Contracted Services Street Maintenance 300150 2,026 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 300102 2,000 ROLANDO SEXTON AMY Rebates Stormwater Non-Capital 300142 1,973 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 300178 1,958 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 299994 1,928 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 300039 1,902 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 300098 1,897 PERA Wages and Benefits 494 Corridor Commission 300020 1,811 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1033466 1,786 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters 300122 1,751 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1033431 1,680 CARLSTON, BRANDON Tuition Reimbursement/School Police Sworn 1033414 1,657 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 300057 1,603 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 9524 1,594 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 300109 1,535 US LEGACY PROMOTIONS Clothing & Uniforms Inspections-Administration 1033373 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 300188 1,500 AME RED-E-MIX INC Operating Supplies Street Maintenance 300135 1,453 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1033356 1,399 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 300177 1,345 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 9536 1,323 WEX FSA - Dependent Care Health and Benefits 1033412 1,318 TEE JAY NORTH INC Other Contracted Services Den Road Liquor Store 1033368 1,303 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 299998 1,291 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 300127 1,280 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1033425 1,268 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 300052 1,219 AIRGAS USA LLC Supplies - Pool Fire 300103 1,215 SCHERER BROTHERS LUMBER CO Repair & Maint. Supplies Park Maintenance 1033422 1,185 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 300072 1,178 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1033465 1,168 POMP'S TIRE SERVICE INC Tires Fleet Operating 9509 1,102 WEX FSA - Medical Health and Benefits 300042 1,069 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 299990 1,067 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 9516 1,050 WEX FSA - Dependent Care Health and Benefits 1033460 1,028 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 300164 1,008 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 300090 1,000 MARTIN-MCALLISTER Employment Support Test Organizational Services 1033462 970 METRO ELEVATOR INC Building Repair & Maint.Senior Center 1033363 938 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 9511 929 WEX Other Contracted Services Health and Benefits 300082 892 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 300073 890 ESCH CONSTRUCTION SUPPLY INC Operating Supplies Street Maintenance 1033418 871 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 300024 857 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1033357 856 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1033360 856 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 9514 852 WEX FSA - Medical Health and Benefits 300168 844 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 300002 835 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 300149 825 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 9520 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1033386 815 CDW GOVERNMENT INC.Computer -Accessories Police Sworn 300007 798 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 299997 795 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 300019 783 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1033396 770 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 1033402 750 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Maintenance Facility 300189 750 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Water Distribution 300132 737 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 300185 719 AIRGAS USA LLC Supplies - Pool Pool Maintenance 300010 710 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1033433 707 FASTENAL COMPANY Repair & Maint. Supplies Fleet Operating 300071 699 ELECTRIC MOTOR REPAIR INC Repair & Maint. Supplies Round Lake 1033440 687 KORAS, JORDAN Travel Expense Police Sworn 299992 676 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store 1033442 675 OLSON, ROBERT Mileage & Parking Police Sworn 300000 672 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1033359 667 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1033389 665 ECM PUBLISHERS INC Advertising Prairie View Liquor Store 300026 661 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 300033 640 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 300112 640 WAHLEN, RICK Conference/Training Utility Operations - General 300170 635 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 300070 631 EARL F ANDERSEN INC Operating Supplies Traffic Signs 300083 626 JSW EMBROIDERY & TACKLE TWILL Deposits General Fund 300003 625 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 1033424 619 VINOCOPIA Liquor Product Received Prairie View Liquor Store 300049 606 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 300116 595 ZOHO CORP Software Maintenance IT Operating 1033461 589 MENARDS Repair & Maint. Supplies Fleet Operating 300147 588 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1033358 586 VINOCOPIA Liquor Product Received Den Road Liquor Store 300053 580 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police Sworn 1033426 572 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1033421 564 VINOCOPIA Liquor Product Received Den Road Liquor Store 1033380 543 THE OASIS GROUP Employee Assistance Organizational Services 300060 536 CENTURYLINK Telephone IT Operating 1033447 526 WAYTEK INC Operating Supplies Park Maintenance 9538 524 WEX FSA - Medical Health and Benefits 9532 509 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 1033362 508 VINOCOPIA Liquor Product Received Prairie View Liquor Store 300119 505 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 300051 478 ACME TOOLS Small Tools Street Maintenance 1033432 472 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1033464 469 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof City Center - CAM 1033454 460 GRAINGER Cleaning Supplies City Center - CAM 300154 459 MEGA BEER Liquor Product Received Den Road Liquor Store 1033411 459 STREICHERS Clothing & Uniforms Police Sworn 300044 453 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1033472 445 ZIEGLER INC Equipment Parts Fleet Operating 300055 442 ASPEN MILLS Postage Fire 300050 437 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 1033443 437 PROSOURCE SUPPLY Janitor Service City Center - CAM 1033417 425 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1033457 416 HORIZON COMMERCIAL POOL SUPPLY Supplies - General Bldg Pool Maintenance 300124 414 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1033473 394 SHERWIN WILLIAMS CO Supplies - General Bldg Maintenance Facility 1033355 392 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 300040 387 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 300105 384 STAPLES ADVANTAGE Operating Supplies Customer Service 1033405 382 PREMIUM WATERS INC Operating Supplies - Water Fire 300141 382 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 300176 381 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 300014 374 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 300097 373 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1033371 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 300180 370 WINEBOW Liquor Product Received Prairie View Liquor Store 300187 360 AL'S FAN BALANCING SERVICES LLC Equipment Repair & Maint Water Treatment 1033398 360 KIDCREATE STUDIO Miscellaneous Stormwater Non-Capital 1033463 356 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 300076 346 GRIMCO MIDWEST LLC Operating Supplies Traffic Signs 300023 345 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 300148 330 DOMACE VINO Liquor Product Received Den Road Liquor Store 299991 324 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 300015 324 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 300031 319 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 300165 311 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 300011 309 WINEBOW Liquor Product Received Prairie Village Liquor Store 300094 301 MPCA Waste Disposal Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 300068 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating 300155 297 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 299996 289 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 300126 288 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033451 288 CDW GOVERNMENT INC.Hardware - R&M Fleet Operating 1033453 287 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1033419 287 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1033406 287 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 300041 282 DOMACE VINO Liquor Product Received Prairie View Liquor Store 300140 281 WINEBOW Liquor Product Received Prairie Village Liquor Store 9541 281 WEX FSA - Medical Health and Benefits 1033444 277 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 300012 272 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 300034 272 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 1033369 271 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 300009 268 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 300086 268 LANO EQUIPMENT INC Equipment Parts Fleet Operating 300063 266 COREMARK METALS Operating Supplies Fire 300120 266 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 300143 266 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1033404 260 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Supply (Wells) 300162 251 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 300001 246 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300117 240 CAMP RIPLEY MESS FUND Other Rentals Police Sworn 1033376 240 NAUMANN, ANDREW Other Rentals Police Sworn 300025 239 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 300029 236 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 300166 235 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store 300173 234 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 300006 233 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 300107 230 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1033439 227 JOHNSON, TROY Conference/Training IT Operating 1033375 225 MPX GROUP, THE Operating Supplies Police Sworn 300184 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 300190 219 ARAMARK Janitor Service Den Road Liquor Store 1033428 218 BERRY COFFEE COMPANY Merchandise for Resale Concessions 300133 210 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 300036 209 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 300058 206 BROADWAY AWARDS Operating Supplies City Council 300128 204 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 9537 203 WEX FSA - Medical Health and Benefits 9526 193 WEX FSA - Medical Health and Benefits 300160 192 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 300137 188 PORTAGE BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 9513 187 WEX FSA - Medical Health and Benefits 300110 184 VAN PAPER COMPANY Cleaning Supplies General Community Center 1033407 176 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 9510 174 WEX FSA - Medical Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments 300054 170 ARAMARK Janitor Service Prairie View Liquor Store 1033399 170 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 1033438 170 HEISER MICHAEL Clothing & Uniforms Volunteers 300100 169 PUMP AND METER SERVICE Equipment Repair & Maint Fleet Operating 300028 165 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 1033429 163 BODENNER ZACHARY Conference/Training IT Operating 1033435 163 GOLDENSTEIN, JAMES Conference/Training IT Operating 1033441 163 MUNOZ, CESAR Travel Expense Police Sworn 9534 159 WEX FSA - Medical Health and Benefits 300161 159 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 300131 157 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 300153 157 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1033452 156 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 300118 150 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1033413 150 USA SECURITY Maintenance Contracts Water Treatment 1033370 148 GORDHAMER SCOTT Clothing & Uniforms Police Sworn 300175 148 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 300125 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 300171 147 DOMACE VINO Liquor Product Received Prairie View Liquor Store 300130 143 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 300158 142 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1033436 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1033427 135 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1033377 133 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 300047 132 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 300181 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1033364 131 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 300139 130 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1033423 126 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 300056 120 BOARD OF WATER & SOIL RESOURCES Conference/Training Stormwater Non-Capital 300021 120 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1033420 112 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 300065 112 DELEGARD TOOL CO Small Tools Fleet Operating 300032 111 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 9515 108 WEX FSA - Medical Health and Benefits 1033469 104 SPRINT Cell Phones 494 Corridor Commission 9525 103 WEX FSA - Medical Health and Benefits 300151 102 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1033410 101 STERICYCLE INC Other Contracted Services Police Sworn 300008 101 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 300048 101 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1033385 94 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store 1033367 90 EICHMAN NATHAN Canine Supplies Police Sworn 1033474 89 ARPIN, TONJA Tuition Reimbursement/School Fitness Classes 300093 85 MORRISSEY, DENNIS Conference/Training Softball 1033437 82 HACH COMPANY Laboratory Chemicals Water Treatment 1033374 82 METROPOLITAN FORD Equipment Parts Fleet Operating 300061 77 COMCAST Cable TV Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 9508 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 300134 60 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1033446 59 STAVE NOAH Motor Fuels Fleet Operating 1033361 58 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 300163 53 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 300059 50 CAMPBELL KNUTSON, P.A.Legal WAFTA 300111 46 VERMONT SYSTEMS, INC Software Recreation Admin 9542 44 PAYA Bank and Service Charges Theatre Initiative 1033416 40 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1033397 36 JANEX INC Cleaning Supplies General Community Center 9517 35 WEX FSA - Medical Health and Benefits 1033445 32 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1033381 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 1033430 24 CARLSON, THOR Clothing & Uniforms Police Sworn 300062 23 COMCAST Other Contracted Services Police Sworn 1033365 22 CHANSKI DAN Clothing & Uniforms Police Sworn 9535 16 WEX FSA - Medical Health and Benefits 300092 16 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1033390 13 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 1033379 13 STARKE, TINO Operating Supplies Police Sworn 300064 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 9530 10 SQUARE Bank and Service Charges Prairie Village Liquor Store 1033434 9 FLEETPRIDE INC Equipment Parts Fleet Operating 1033378 6 RAHIMI, RENEE Clothing & Uniforms Fitness Admin. 9507 6 WEX FSA - Medical Health and Benefits 2,083,809 Grand Total City of Eden Prairie Purchasing Card Payment Report 5/16/2023 Amount Account Description Business Unit 4,598 Other Contracted Services Wine Club/Events 3,106 Other Contracted Services Housing and Community Service 2,658 Office Supplies Police Sworn 2,333 Clothing & Uniforms Police Sworn 2,319 Operating Supplies Police Sworn 2,080 Conference/Training Utility Operations - General 1,980 Licenses, Taxes, Fees Police Sworn 1,877 Travel Expense City Council 1,798 Other Revenue General Fund 1,783 Operating Supplies Police Sworn 1,702 Training Supplies Police Sworn 1,675 Other Contracted Services Capital Maint. & Reinvestment 1,636 Capital Under $25,000 Ice Operations 1,635 Other Rentals July 4th Celebration 1,533 Clothing & Uniforms Community Center Admin 1,500 Conference/Training City Council 1,500 Conference/Training Utility Operations - General 1,261 Travel Expense Planning 1,211 Training Supplies Police Sworn 1,150 Tuition Reimbursement/School Police Sworn 1,100 Miscellaneous City Council 1,099 Conference/Training IT Operating 977 Clothing & Uniforms Youth Programs Admin 901 Operating Supplies Fire 899 Conference/Training Utility Operations - General 895 Tuition Reimbursement/School Police Sworn 824 Operating Supplies Police Sworn 807 Capital Under $25,000 Arts Center 772 Capital Under $25,000 Community Band 750 Design & Engineering Stormwater Capital 750 Tuition Reimbursement/School Police Sworn 749 Capital Under $25,000 Facilities Staff 730 Operating Supplies Prairie View Liquor Store 728 Operating Supplies Police Sworn 720 Dues & Sub-Memberships Recreation Admin 699 Tuition Reimbursement/School Police Sworn 684 Operating Supplies Fire Amount Account Description Business Unit 680 Bank and Service Charges Prairie View Liquor Store 673 Travel Expense Fire 673 Travel Expense Fire 657 Software/Hardware Maint.IT Operating 653 Travel Expense Fire 631 Training Supplies Police Sworn 621 Conference/Training Engineering 605 Operating Supplies Ice Operations 598 Conference/Training Police Sworn 598 Conference/Training Police Sworn 598 Conference/Training Police Sworn 597 Conference/Training Utility Operations - General 590 Operating Supplies Arts Center 587 Operating Supplies Police Sworn 578 Licenses, Taxes, Fees Fitness Classes 573 Licenses, Taxes, Fees Garden Room Repairs 570 Awards Communications 523 Operating Supplies Police Sworn 519 Other Rentals Ice Show 517 Travel Expense City Council 495 Conference/Training Administration 484 Equipment Repair & Maint Park Maintenance 483 Travel Expense Fire 468 Travel Expense Fire 456 Repair & Maint. Supplies City Hall (City Cost) 451 Repair & Maint. Supplies Police (City Cost) 432 Licenses, Taxes, Fees Pool Lessons 424 Travel Expense Utility Operations - General 408 Conference/Training IT Operating 405 Conference/Training IT Operating 400 Miscellaneous City Council 400 Other Contracted Services Housing and Community Service 399 Tuition Reimbursement/School Police Sworn 385 Training Fire 382 Merchandise for Resale Concessions 372 Dues & Sub-Memberships Organizational Services 370 Conference/Training City Clerk 358 Travel Expense Utility Operations - General 358 Travel Expense Utility Operations - General 354 Repair & Maint. Supplies Wasterwater Collection 344 Other Assets Public Safety Communications Amount Account Description Business Unit 343 Conference/Training Engineering 340 Operating Supplies Park Maintenance 339 Travel Expense Police Sworn 339 Travel Expense Police Sworn 330 Licenses, Taxes, Fees Pool Lessons 328 Licenses, Taxes, Fees Pool Lessons 322 Conference/Training Administration 308 Travel Expense Utility Operations - General 304 Operating Supplies Specialty Fitness Programs 303 Patching Asphalt Street Maintenance 302 Miscellaneous Administration 300 Other Contracted Services Liquor Store Delivery 299 Operating Supplies New Adaptive 299 Tuition Reimbursement/School Police Sworn 291 Travel Expense Utility Operations - General 290 Operating Supplies Park Maintenance 290 Operating Supplies Community Center Admin 280 Licenses, Taxes, Fees Pool Lessons 280 Licenses, Taxes, Fees Pool Lessons 280 Equipment Parts Park Maintenance 276 Operating Supplies Tree Disease 269 Travel Expense Police Sworn 267 Operating Supplies Outdoor Center 265 Miscellaneous City Council 264 Licenses, Taxes, Fees Pool Lessons 255 Operating Supplies Fire 254 Operating Supplies Special Events (CC) 250 Advertising Prairie View Liquor Store 250 Tuition Reimbursement/School Police Sworn 246 Travel Expense City Clerk 245 Merchandise for Resale Concessions 239 Canine Supplies Police Sworn 238 Office Supplies Police Sworn 236 Equipment Repair & Maint Public Safety Communications 236 Merchandise for Resale Concessions 234 Clothing & Uniforms Outdoor Center 232 Operating Supplies Outdoor Center 230 Equipment Parts Fleet Operating 228 Miscellaneous IT Operating 226 Conference/Training Utility Operations - General 226 Operating Supplies Police Sworn Amount Account Description Business Unit 225 Clothing & Uniforms Utility Operations - General 218 Travel Expense Fire 213 Miscellaneous City Council 213 Operating Supplies Fire 210 Repair & Maint. Supplies Arts Center 208 Operating Supplies Special Events (CC) 207 Operating Supplies Gymnasium (CC) 200 Tuition Reimbursement/School Police Sworn 200 Software/Hardware Maint.IT Operating 199 Conference/Training Utility Operations - General 199 Training Supplies Police Sworn 196 Advertising Tennis 191 Operating Supplies Pool Operations 185 Clothing & Uniforms Community Center Admin 185 Health & Fitness Fire 180 Operating Supplies Senior Center Programs 180 Small Tools Fleet Operating 180 Canine Supplies Police Sworn 178 Miscellaneous IT Operating 175 Operating Supplies Arts Center 175 Dues & Sub-Memberships Human Resources 171 Small Tools Public Safety Communications 165 Licenses, Taxes, Fees Pool Lessons 165 Tuition Reimbursement/School Fitness Classes 165 Licenses, Taxes, Fees Pool Lessons 164 Merchandise for Resale Concessions 163 Operating Supplies Police Sworn 160 Travel Expense Utility Operations - General 154 Equipment Repair & Maint Police Sworn 154 Clothing & Uniforms Utility Operations - General 150 Operating Supplies City Council 150 Software Fleet Operating 148 Repair & Maint. Supplies Fire Station #4 145 Training Supplies Fire 144 Travel Expense Fire 140 Clothing & Uniforms Ice Operations 140 Operating Supplies Police Sworn 134 Employee Award Organizational Services 134 Operating Supplies Snow & Ice Control 131 Safety Supplies Pool Operations 130 Operating Supplies Pool Operations Amount Account Description Business Unit 130 Equipment Repair & Maint Fleet Operating 130 Operating Supplies Pool Operations 129 Tuition Reimbursement/School Police Sworn 128 Clothing & Uniforms Police Sworn 127 Operating Supplies Arts Center 127 Repair & Maint. Supplies Police (City Cost) 126 Operating Supplies Pool Operations 126 Licenses, Taxes, Fees Pool Lessons 123 Equipment Parts Park Maintenance 120 Operating Supplies Outdoor Center 120 Tuition Reimbursement/School Police Sworn 119 Operating Supplies Day Care 117 Merchandise for Resale Concessions 116 Repair & Maint. Supplies City Hall (City Cost) 115 Equipment Repair & Maint Senior Center Programs 110 Operating Supplies Inspections-Administration 109 Other Contracted Services Park Maintenance 109 Operating Supplies Arts Center 107 Operating Supplies Arts Center 104 Repair & Maint. Supplies Wasterwater Collection 104 Merchandise for Resale Senior Board 102 Operating Supplies Gymnasium (CC) 101 Operating Supplies Tree Disease 100 Clothing & Uniforms Special Events Admin 100 Licenses, Taxes, Fees Fitness Classes 100 Repair & Maint. Supplies General Community Center 100 Repair & Maint. Supplies Ice Arena Maintenance 99 Licenses, Taxes, Fees Pool Lessons 99 Operating Supplies IT Operating 96 Deposits General Fund 96 Dues & Sub-Memberships Fire 96 Operating Supplies Outdoor Center 95 Operating Supplies Youth Programs Admin 95 Training Supplies Fire 93 Clothing & Uniforms Community Center Admin 92 Equipment Repair & Maint Park Maintenance 90 Conference/Training Inspections-Administration 89 Operating Supplies Arts Center 89 Software/Hardware Maint.Fire 89 Operating Supplies Fitness Center 88 Employee Award Organizational Services Amount Account Description Business Unit 88 Employee Award Organizational Services 87 Operating Supplies Fire 85 Conference/Training Inspections-Administration 84 Licenses, Taxes, Fees Pool Lessons 84 Licenses, Taxes, Fees Pool Lessons 84 Conference/Training Aquatics Admin. 84 Licenses, Taxes, Fees Pool Lessons 84 Office Supplies Police Sworn 80 Dues & Sub-Memberships Police Sworn 80 Dues & Sub-Memberships Police Sworn 80 Dues & Sub-Memberships Police Sworn 80 Operating Supplies Park Maintenance 78 Equipment Repair & Maint Fire 78 Operating Supplies Senior Board 76 Operating Supplies Senior Center Programs 75 Training Supplies Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 74 Operating Supplies Housing and Community Service 74 Training Supplies Police Sworn 73 Software/Hardware Maint.IT Operating 71 Operating Supplies Arts Center 70 Operating Supplies Outdoor Center 68 Repair & Maint. Supplies Utility Operations - General 68 Operating Supplies Street Maintenance 68 Travel Expense Utility Operations - General 67 Clothing & Uniforms Youth Programs Admin 66 Conference/Training Day Care 65 Small Tools Public Safety Communications 64 Operating Supplies Birthday Parties 64 Advertising Prairie View Liquor Store 62 Dues & Sub-Memberships Police Sworn 61 Clothing & Uniforms New Adaptive 60 Equipment Parts Fleet Operating 60 Special Event Fees Senior Center Programs Amount Account Description Business Unit 59 Operating Supplies Fire 58 Process Control Equipment IT Operating 58 Operating Supplies Outdoor Center 58 Deposits General Fund 57 Operating Supplies Parks Administration 57 Postage Fire 57 Repair & Maint. Supplies Dunn Brothers 57 Operating Supplies Park Maintenance 56 Operating Supplies Outdoor Center 55 Operating Supplies Fitness Admin. 55 Conference/Training Utility Operations - General 55 Conference/Training Utility Operations - General 55 Conference/Training Utility Operations - General 55 Conference/Training Utility Operations - General 55 Conference/Training Utility Operations - General 55 Conference/Training Utility Operations - General 55 Office Supplies Police Sworn 54 Operating Supplies Arts Center 54 Travel Expense Utility Operations - General 52 Operating Supplies Day Care 50 Advertising Arts Center 50 Licenses, Taxes, Fees Park Maintenance 50 Software Fleet Operating 50 Licenses, Taxes, Fees Pool Lessons 50 Clothing & Uniforms Athletic Programs Admin 50 Clothing & Uniforms Athletic Programs Admin 50 Deposits General Fund 49 Repair & Maint. Supplies Utility Operations - General 48 Equipment Repair & Maint Public Safety Communications 48 Training Supplies Police Sworn 48 Conference/Training Community Development Admin. 47 Operating Supplies Safety Camp 46 Operating Supplies Arts Center 46 Operating Supplies Fitness Admin. 45 Clothing & Uniforms Senior Center Admin 45 Conference/Training Facilities Staff 45 Operating Supplies Arts Center 45 Conference/Training Utility Operations - General 44 Repair & Maint. Supplies Police (City Cost) 44 Operating Supplies Ice Operations 43 Employee Award Organizational Services Amount Account Description Business Unit 43 Repair & Maint. Supplies Police (City Cost) 43 Licenses, Taxes, Fees Park Maintenance 43 Computers IT Operating 42 Operating Supplies Outdoor Center 42 Operating Supplies Fitness Classes 41 Clothing & Uniforms Senior Center Admin 40 Operating Supplies Senior Center Admin 40 Repair & Maint. Supplies Facilities Staff 40 Operating Supplies Fitness Center 40 Merchandise for Resale Senior Board 40 Operating Supplies Police Sworn 40 Training Supplies Police Sworn 40 Merchandise for Resale Concessions 40 Employee Award Organizational Services 39 Operating Supplies Ice Operations 39 Office Supplies Police Sworn 38 Operating Supplies Pool Operations 38 Deposits General Fund 37 Operating Supplies Senior Center Programs 37 Operating Supplies Youth Programs Admin 36 Training Supplies Fire 36 Equipment Parts Arts Center 36 Operating Supplies Community Center Admin 35 Operating Supplies Arts Center 33 Fire Prevention Supplies Fire 33 Operating Supplies Outdoor Center 33 Licenses, Taxes, Fees Pool Lessons 32 Operating Supplies Fire 32 Small Tools Fleet Operating 32 Operating Supplies Arts Center 31 Merchandise for Resale Concessions 31 Repair & Maint. Supplies Park Maintenance 31 Operating Supplies Fitness Admin. 30 Advertising Arts Center 30 Licenses, Taxes, Fees Facilities Staff 30 Operating Supplies Fitness Classes 29 Merchandise for Resale Senior Board 29 Operating Supplies Senior Center Programs 28 Operating Supplies Police Sworn 27 Operating Supplies IT Operating 26 Operating Supplies Arts Center Amount Account Description Business Unit 26 Conference/Training IT Operating 26 Repair & Maint. Supplies General Community Center 25 Licenses, Taxes, Fees Pool Lessons 25 Conference/Training Aquatics Admin. 25 Other Contracted Services Organizational Services 25 Operating Supplies Youth Programs Admin 24 Operating Supplies Day Care 24 Repair & Maint. Supplies Facilities Staff 24 Travel Expense Utility Operations - General 23 Operating Supplies Arts Center 23 Conference/Training Utility Operations - General 22 Operating Supplies Police Sworn 22 Operating Supplies Concessions 22 Operating Supplies Arts Center 22 Travel Expense Utility Operations - General 22 Health & Fitness Fire 21 Operating Supplies Safety Camp 21 Operating Supplies Day Care 20 Miscellaneous Arts Center 20 Miscellaneous Administration 20 Miscellaneous Administration 20 Conference/Training Economic Development 20 Conference/Training Economic Development 20 Licenses, Taxes, Fees Utility Operations - General 20 Employee Award Organizational Services 20 Training Supplies Prairie View Liquor Store 20 Repair & Maint. Supplies City Hall (City Cost) 20 Operating Supplies Arts Center 20 Operating Supplies Safety Camp 20 Repair & Maint. Supplies Water Treatment 19 Training Supplies Prairie View Liquor Store 19 Operating Supplies Fitness Admin. 19 Operating Supplies Police Sworn 18 Operating Supplies New Adaptive 18 Computers IT Operating 18 Operating Supplies Police Sworn 17 Other Contracted Services Organizational Services 17 Dues & Sub-Memberships Police Sworn 17 Dues & Sub-Memberships Police Sworn 17 Operating Supplies Arts Center 16 Operating Supplies Arts Center Amount Account Description Business Unit 16 Operating Supplies Pool Operations 16 Operating Supplies Safety Camp 16 Office Supplies Arts Center 15 Operating Supplies Arts Center 15 Dues & Sub-Memberships Communications 14 Office Supplies Arts Center 14 Operating Supplies Volunteers 14 Repair & Maint. Supplies Facilities Staff 14 Office Supplies Utility Operations - General 14 Training Supplies Police Sworn 13 Conference/Training Utility Operations - General 13 Training Supplies Fire 13 Operating Supplies Tennis 12 Training Supplies Police Sworn 12 Operating Supplies Senior Board 12 Miscellaneous City Council 12 Operating Supplies Day Care 12 Operating Supplies Senior Board 11 Office Supplies Arts Center 11 Office Supplies Police Sworn 11 Operating Supplies Pool Operations 11 Repair & Maint. Supplies Facilities Staff 10 Deposits General Fund 10 Dues & Sub-Memberships Police Sworn 10 Operating Supplies City Council 10 Operating Supplies Day Care 9 Employee Award Organizational Services 9 Operating Supplies Park Maintenance 9 Conference/Training Utility Operations - General 8 Training Supplies Police Sworn 8 Operating Supplies Pool Lessons 8 Operating Supplies Arts Center 8 Operating Supplies Youth Programs Admin 8 Bank and Service Charges Customer Service 8 Repair & Maint. Supplies Water Treatment 7 Operating Supplies Pool Operations 6 Operating Supplies Safety Camp 6 Operating Supplies Pool Operations 6 Operating Supplies New Adaptive 5 Mileage & Parking Utility Operations - General 5 Operating Supplies Pool Operations Amount Account Description Business Unit 3 Mileage & Parking Utility Operations - General 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 1 Conference/Training Utility Operations - General 0 Conference/Training Utility Operations - General 0 Operating Supplies Fire -9 Operating Supplies IT Operating -9 Operating Supplies IT Operating -10 Operating Supplies Senior Board -10 Deposits General Fund -14 Operating Supplies Fitness Classes -16 Tuition Reimbursement/School Police Sworn -18 Operating Supplies Snow & Ice Control -35 Deposits General Fund -37 Operating Supplies Pool Operations -38 Deposits General Fund -50 Deposits General Fund -55 Deposits General Fund -57 Deposits General Fund -58 Deposits General Fund -66 Deposits General Fund -73 Deposits General Fund -75 Deposits General Fund -79 Deposits General Fund -79 Deposits General Fund -96 Deposits General Fund -102 Deposits General Fund -127 Deposits General Fund -165 Licenses, Taxes, Fees Pool Lessons -237 Health & Fitness Fire -269 Equipment Parts Park Maintenance -967 Tuition Reimbursement/School Police Sworn 102,116 Report Total