HomeMy WebLinkAboutCity Council - 02/20/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 20, 2024 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 Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. SOUTHWEST TRANSIT UPDATE 5:30 – 6:00 p.m.
II. UNFI SITE 6:00 – 6:30 p.m. Open Podium - Council Chamber (6:30) III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 20, 2024 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Julie Klima, Parks and Recreation Director Amy Markle, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS AND PRESENTATIONS
A. WORDS IN ACTION AWARD PRESENTATION
B. HUMAN RIGHTS AWARDS KICKOFF
C. ARBOR DAY PROCLAMATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 06, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 06, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. ALDEVRON APPROVE SECOND READING OF ORDINANCE FOR PUD DISTRICT REVIEW WITH WAIVERS ON 23 ACRES, ADOPT
RESOLUTION FOR SITE PLAN ON 23 ACRES, APPROVE DEVELOPMENT AGREEMENT
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF KINSLEY
TOWNHOMES
CITY COUNCIL AGENDA February 20, 2024
Page 2
D. ADOPT RESOLUTION TO UPDATE CITY’S PRIORITIZED BRIDGE REPLACEMENT LIST
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH APEX
FACILITY SOLUTIONS FOR FIRE 1 HVAC
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BAKER
TILLY MUNICIPAL ADVISORS, LLC, FOR POST COMPLIANCE ISSUANCE SERVICES
G. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF UPS BATTERY BACKUP FOR CITY CENTER DATA CENTER FROM 2N SYSTEMS
H. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH PLAYPOWER LT FARMINGTON, INC., FOR PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT HIGH TRAIL ESTATES PARK
I. APPROVE CONTRACT FOR GOODS AND SERVICES WITH TREE TRUST FOR FACILITATING THE ARBOR DAY TREE SALE
J. APPROVE CONTRACT SERVICES AGREEMENT WITH SHAKOPEE MDEWAKANTON SIOUX COMMUNITY’S ORGANICS RECYCLING FACILITY FOR 2024 MOSS SITE WOOD GRINDING
IX. PUBLIC HEARINGS AND MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. MILLER PARK COURT COMPLEX PROJECT
CITY COUNCIL AGENDA February 20, 2024
Page 3
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
February 20, 2024
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
Words in Action Contest Winners
ITEM NO.:
IV.A
Requested Action
No formal action requested. Jude Kambal, Human Rights and Diversity Student Commissioner, will be on-hand to announce the winners of the Martin Luther King Jr. Day Words in Action Contest.
Synopsis Eden Prairie youth submitted written or visual art pieces based on quotes from Dr. King. Participants reflected on the ways that they can continue to remember Dr. King and carry his
legacy of racial justice forward.
Contest winners include: K-8 Category
Itisha Budamagunta – Visual Art Amaya Demery – Collage & Video
Akshaya Nandakumar – Video
Attachment None
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
February 20, 2024
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
Human Rights Awards
ITEM NO.:
IV.B
Requested Action
No formal action requested. Kiana Poul, Human Rights and Diversity Student Commissioner, will be on-hand to announce the opening of the nomination process for the Human Rights Awards.
Synopsis The goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity
and create an inclusive community spirit through actions, activities or programs.
Attachment None
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
February 20, 2024
DEPARTMENT / DIVISION:
Mayor Ron Case
ITEM DESCRIPTION:
Arbor Day Proclamation
ITEM NO.:
IV.C
Requested Action
The Mayor will proclaim April 27, 2024, as Arbor Day in the City of Eden Prairie. Synopsis
Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree stewardship and tree planting practices. Eden Prairie first celebrated Arbor Day in 1982.
Attachment Proclamation
PROCLAMATION
ARBOR DAY – April 27, 2024
WHEREAS, Arbor Day provides people in Eden Prairie the opportunity to celebrate the
importance of trees and forests to our economy, health, culture, history, and future of the city; and WHEREAS, Trees are of great value as they provide clean air and water, shade, energy savings,
wildlife habitat, and recreational opportunities; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees and caring for trees as described in the City’s Urban Forest Management Plan makes our community more resilient into the future; and
WHEREAS, Trees play a major role in combating climate change by sequestering carbon from the atmosphere, thereby offsetting greenhouse gas emissions; and WHEREAS, Trees help Eden Prairie meet the Climate Action Plan goal of community-wide
carbon neutrality by 2050; and
WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day
Foundation and desires to continue its tree stewardship and tree planting practices.
NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim April 27, 2024, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry
program; and FURTHER, I urge all citizens to plant and care for trees to promote the well-being of present and future generations.
Ronald A. Case, Mayor
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 06, 2024 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 Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. MARSHALL FARM PROPERTY (9905 DELL ROAD) 5:30 – 5:50 p.m.
Case asked the Council to provide feedback on the developer’s proposed project for the Marshall
Farm property. The property is the largest undeveloped infill property in the City and is
historically significant to many residents. Klima provided a background of the property. The
property is currently zoned rural, typical for undeveloped properties. Any development on this
property would require rezoning. It is guided for low density residential, R1 zoning. Low density
residential allows detached single family homes. When the City last reviewed the
Comprehensive Plan, Staff collaborated with housing focus groups and the community to
provide input. Feedback included a need for single level maintenance free housing options,
especially as a prerequisite to assisted living.
Klima explained Staff provided input on density to the previous owners as they drafted a concept
plan prior to the sale. The concept plan included 55 single family detached homes at a density of
1.8 units per acre, consistent with the Comprehensive Plan. The developer is proposing 15 single
family detached homes on the north side of the property and four buildings comprised of 90 units
on the south side of the property. The proposed density is 3.5 units per acre. The developer is
requesting feedback from Council prior to allotting further time and investment.
Kelsey Thompson, Lake West Development, introduced the proposal. Lake West Development
considered factors including how to be considerate of existing neighbors who have grown
accustomed to the current open view, how this development can preserve open green space, and
how sustainability can be incorporated. The typical development maximizes hardcover and does
not incorporate much open green space. The City’s comprehensive plan goals including
providing life cycle housing comprised of higher density, one-level, maintenance free living.
Combining these factors, the proposed project includes 80 percent open space, of which 21 acres
City Council Workshop Minutes February 6, 2023
Page 2
are green space. The proposal emphasizes walkability, trail connectivity, and highlights the
Minnesota River Valley Bluffs. 15 detached homes and 90 units of attached “villa” housing are
proposed to achieve the high open space percentage. Narayanan asked Thompson to clarify the
meaning of villa housing. Thompson stated villa homes are one-level. Nelson inquired how
much the villa homes cost. Thompson answered $900 thousand. Nelson stated the price point is
not affordable.
Thompson provided further detail on the 90 units of attached “townhome flat” housing. These
units are intended for empty nesters interested in remaining in the community in a maintenance-
free home. The units are a hybrid between a condominium and a townhome with a semi-private
entrance. Narayanan asked Thompson to provide more information on the entrances. Thomson
clarified each entrance is shared by two units. Toomey asked if each unit is one-level. Thompson
confirmed each unit is one-level. Toomey asked how much the townhomes will cost. Thompson
answered $900 thousand. Toomey asked if this development is subject to the City’s affordable
housing policy. Klima confirmed the affordable housing policy applies to the attached units,
however developers have the option to pay a fee in lieu of providing affordable units.
Narayanan asked why the attach units cost the same as the detached single family homes. Carl
Fretham, Lake West Development, stated the attach units are designed with premium
architecture and are overlooking the Minnesota River Valley Bluffs. Narayanan inquired how
large the attached units are. Fretham answered between 1,400 and 2,200 square feet. Toomey
asked how large the detached homes would be. Fretham stated approximately 2,000 square feet.
Narayanan asked how many units would be grouped together. Fretham confirmed approximately
20 units per building. Nelson inquired about the doors and walkways to the units in the attached
units image rendering. Thompson stated the image renderings needed to be updated. Nelson
stated she is objectionable to the attached housing presented as townhomes when they more
closely align with public expectations of condominiums or apartments. Most units will have one
external wall for windows.
Thompson stated the attached units are designed to mimic a single family home with pitched
roof and quality materials. They are the same height of a typical single family home. It is more
sustainable and energy efficient to build attached units. They are situated on the south side of the
property over the bluffs to better preserve the current viewpoint of existing neighbors to the
North. Attached units leave more open space available for community amenities such as a pool,
clubhouse, pickleball court, and community gardens. There are multiple options for trail
connectivity. The name Marshall Gardens is proposed to pay homage to Marshall Farms.
Toomey asked if the Homeowners Association would pay for the community garden. Thompson
answered it has not yet been determined. Case said the original home on the property cannot stay
in its current location due to an upcoming Dell Road project. Fretham stated Lake West
Development is open to keeping or relocating the existing home.
City Council Workshop Minutes February 6, 2023
Page 3
Thompson shared a video rendering of the proposed development. Thompson stated the
proposed density fits into this property’s guided density and asked for Council questions and
feedback. Case asked the Councilmembers to focus specifically on high level concepts of the
proposed plan. Toomey stated she liked the architecture and the community garden, but the
attached housing should be referred to as “flats” in lieu of “townhome flats”. Narayanan stated
he disliked the architecture and is concerned about the density. Freiberg said he had envisioned
single family homes instead of condominiums. Nelson stated she thought the density is too high.
The price range is also very high. The proposed attached housing is close to the bluffs in the
renderings so more information would be needed to ensure safety.
Case stated the Council has a duty to balance many conflicting goals simultaneously including
sustainability, density, green energy, walkability, affordability, and preserving open space. One
project cannot accomplish every goal as goals are often conflicting. A recent US Conference of
Mayors housing session encouraged Cities to pursue a wide variety of housing types as they are
all needed. Case stated although he did not originally like the concept plan, he does now at it
accomplishes many goals. The viewpoints of existing neighbors would be preserved. This project
includes open space, walkability, community gardens, and an architecturally beautiful design. A
higher density is the trade off needed to achieve all these goals.
Getschow encouraged the Council to request feedback of existing neighbors prior to the
development application. The developer would also need to provide proper renderings. The
ownership of the community gardens would need to be determined. Case asked the Council to
consider how their ideal development differs from the proposed project and to consider the
tradeoffs. Goals are often at odds with one another, such as affordability and preservation of
open green space. Nelson stated she would like more solar energy. Freiberg stated he did not like
the concept of the townhouse flats and was undecided on the proposed project. Narayanan liked
the proposal including 80 percent green space but did not like the design. He stated he was
undecided and had additional questions. Case requested the Council to consider the tradeoff
between density and open green space. The Council thanked Thompson and Fretham for their
time and proposal.
II. COMMISSION WORK PLANS
a. PLANNING COMMISSION 5:50 – 6:10 p.m.
Andrew Pieper, Planning Commission (PC) Chair, summarized the Planning Commission charter
and current membership. In 2023 the PC reviewed ten land use applications. Significant
development projects include:
• Baker Assisted Living – 105 multi-family units built in two phases, 11 affordable
housing units, two EV parking stalls
• Kinsley Townhomes – 42 townhome units including five affordable units
• Two carwashes – Crew Carwash and Mr. Carwash
City Council Workshop Minutes February 6, 2023
Page 4
• Aldevron – large biotechnology firm bringing a multitude of jobs to the City
Pieper stated the PC reviewed three variance applications in 2023 and seven City Code and
Comprehensive Plan amendment including the mixed-use and flex service zoning districts.
Parking guidelines was a large focus. 2024 goals include reviewing development project
applications, code amendments, and Aspire 2040 strategies. New commission members will be
onboarded in 2024.
Case stated his appreciation for all commission members. PC provides insightful comments
during its development application review. Toomey asked how many vacancies PC will have.
Getschow confirmed there are three PC members with expiring terms. All three members are
applying for reappointment, in addition to several new applicants. Nelson stated the PC does a
thorough review and provides thoughtful commentary. The Council thanked the PC for their time
and dedication.
b. HERITAGE PRESERVATION COMMISSION 6:10 – 6:30 p.m.
Steve Schumacher, Heritage Preservation Commission (HPC) Chair, summarized the current
HPC members and student members. In 2023 the HPC interviewed individuals regarding the
original 1968 Comprehensive Plan. Katie Qualey was presented with the Heritage Preservation
Award for her work at Smith Coffee House. The HPC completed many tours of historically
significant locations including the Glen Lake Children’s Camp, the Eden Prairie Cemetery, the
Holasek House. HPC also participated in the Citywide Open House and gave tours of the
Dorenkemper house to the public during Harvest to Halloween. The HPC created a
subcommittee structure to allow members to work on targeted projects of interest.
Schumacher explained a recent area of HPC focus is prominently telling the story of Native
Americans in the City, specifically at Red Rock and Birch Island documenting the Battle of
Shakopee. Case noted this has historically been a sensitive topic with the need to respect
descendants of those who fought in the battle. The City can tell the history of these battles from
one perspective, but are missing valuable insight from indigenous people. Case encouraged the
HPC to keep attempting to uncover indigenous perspectives of the battle.
Schumacher summarized projects the HPC will focus on in 2024 including the Flying Red Horse
plaza, mapping the remains of the Old Depot site, and protecting of the Old Mill Site. Case asked
if the Old Mill Site is owned by the City. Schumacher confirmed it is owned by the City. Student
members of HPC are working on outreach. Student member Sasha Allen is creating two video
tours of historic places within the City for residents who have not visited in person. The HPC is
exploring creating an app-based History Hunt where residents could follow clues to historic
places throughout the City. The HPC is also applying for grants to assist in project funding. Case
stated the heritage of our City separates us from surrounding areas. The Council thanked the
HPC for their time.
City Council Workshop Minutes February 6, 2023
Page 5
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
IV. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 6, 2024 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 Amy Markle, 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 7:02 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION Case pointed out a Scouts Troop was present to earn a badge.
IV. PROCLAMATIONS / PRESENTATIONS A. EDEN PRAIRIE LIQUOR DOLLAR DRIVE FOR PROP
Getschow explained the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers
to contribute just $1 each time they visited.
Liquor Operation Manager Jaime Urbina presented a check for $8,121.35 to PROP Executive Director Jenifer Loon. Ms. Loon thanked Eden Prairie for their efforts to support PROP.
Case thanked Ms. Loon for the work PROP does in the community.
B. EMPTY BOWLS DAY PROCLAMATION
CITY COUNCIL MINUTES February 6, 2024
Page 2
Case read the proclamation in full. The proclamation will declare February 20, 2024 as Empty Bowls Day and urges all citizens to support PROP. Empty Bowls is annual PROP event that has been held to raise funds for PROP since
2010.
PROP Executive Director Jenifer Loon was present to accept the proclamation. Ms. Loon invited all community members to the event. There is soup from various restaurants and live music. The event is free with an optional donation. That same evening there will be an event at Fat Pants Brewing.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0.
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 16 , 2024 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 16, 2024
MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, January 16, 2024, and the City Council meeting held Tuesday, January 16, 2024, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST
B. ADOPT RESOLUTION NO. 2024-018 REQUIRING THE TALLY OF WRITE-IN VOTES ONLY IF WRITE-IN VOTES ARE GREATER THAN A BALLOT CANDIDATE’S TOTAL VOTES
C. ADOPT RESOLUTION NO. 2024-019 APPROVING APPOINTMENT OF ELECTION JUDGES FOR PRESIDENTIAL NOMINATION PRIMARY
D. ADOPT RESOLUTION NO. 2024-020 RECEIVING PETITION FOR MEADOWCROFT PRIVATE CULVERT REPLACEMENT
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR FINAL DESIGN AND BID DOCUMENTS FOR DELL ROAD STREET AND UTILITY IMPROVEMENTS
CITY COUNCIL MINUTES February 6, 2024
Page 3
F. APPROVE CHANGE ORDER TO CONSTRUCTION CONTRACT FOR GROUND STORAGE RESERVOIR AND PUMP STATION
G. APPROVE AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH AE2S FOR ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR CONSTRUCTION OF DEPOT GROUND STORAGE RESERVOIR
MOTION: Toomey moved, seconded by Narayanan, to approve Items A-G on the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS C. PRESERVE VILLAGE CHIPOTLE by Sambatek. First reading of Ordinance for PUD District Review on 9.08 acres, Resolution No. 2024-021 for PUD Concept Review on 9.08 acres.
Getschow explained applicant is requesting approval to construct an
approximately 2,300 square foot Chipotle restaurant with a drive thru lane in the
northeast portion of the parking lot at 9605 Anderson Lakes Parkway. The property is located at the corner of Anderson Lakes Parkway and Hennepin Town Road.
Brady Busselman, Sambatek Civil Engineer located at 12800 White Water
Drive Suite 300 in Minnetonka, introduced himself. He showed an aerial view
of the proposed site. Mr. Busselman explained the applicant has worked with Jerry’s to ensure a project beneficial to all parties. They completed a parking study during the
busy holiday season, and only one half of the stalls were used. There is an
agreement between the applicant and owner of Jerry’s regarding the parking impact. Mr. Busselman showed the site plan. There are two drive-thru lanes called
“Chipotlanes” around the building. He also showed the grading plan and
exterior elevations. The drive-thru isn’t a traditional one. There isn’t an option to order at a window; instead, it is an opportunity to pick up food ordered online. The average service time is one third of the nationwide fast-food drive-thru average service time. The lane has room for six cars. Research has shown
there are four cars or less 98 percent of the time. There is also a Burrito
Loading Zone as an option and other waiting stalls to utilize if the order isn’t ready. Freiberg pointed out he is a long-time employee of Jerry’s Enterprises. Due to
CITY COUNCIL MINUTES February 6, 2024
Page 4
the potential conflict of interest, he has chosen to abstain from any discussion or voting.
Nelson asked what the landscaping plans are. Mr. Busselman stated their
landscape architect tries to include four seasons of interest in the landscape plans. There were no comments from the audience.
Toomey moved, seconded by Nelson, to close the public hearing. Motion carried 4-0-1 (Freiberg). Toomey explained she originally had concerns about traffic. However, she
reviewed the traffic study and is comfortable with its findings. She pointed out
Starbucks and Chipotle have differing peak hours. Case asked if the parking research was done throughout an entire day or just select hours. He asked if the driving area between the stalls is a standard
width. He also noted there have been concerns about the parking lot flow
going out onto the main road. He asked if there are issues with the traffic flow. Ellis explained the nearby intersections have favorable or above average capacity ratios. That means it can take additional traffic capacity. The traffic
study looked at multiple time ranges and the additional cars will not encumber
traffic even at peak hours. There is some minor grading that will improve site lines. The desired site line requirements are met. Klima stated the parking study was completed over a two-week period which
included both weekday and weekend days. Taking into account the removed
parking spots and the additional parking need for the proposed Chipotle, there will be an estimated 32 percent surplus of parking stalls on site. The industry standard is 15 percent surplus. Also, the City Code requirements for the drive lanes are being met.
Case added there has been a desire in the neighborhood for there to be more food options nearby. Toomey moved, seconded by Narayanan, to adopt a Resolution for a Planned
Unit Development Concept Review on 9.08 acres, approve the first reading of
an Ordinance for Planned Unit Development District Review on 9.08 acres, and direct Staff to prepare a Development Agreement incorporating Staff recommendations and Council conditions. Motion carried 4-0-1 (Freiberg).
X. PAYMENT OF CLAIMS
CITY COUNCIL MINUTES February 6, 2024
Page 5
MOTION: Narayanan moved, seconded by Nelson, 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
XV. OTHER BUSINESS
XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 7:38 p.m.
Respectfully submitted,
________________________ Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Cigarette & Tobacco Products Akai LLC DBA: Tayosei 12160 Technology Drive #203
Gambling/Bingo Organization: Eden Prairie AM Rotary Foundation Place: Fat Pants Brewing
8335 Crystal View Road
Date: March 28, 2024 Temporary On-Sale Wine
Organization: Eden Prairie Lions Club
Event: Pax Christi Summer Music Series Date: May 23, 2024 Place: Pax Christi Catholic Community 12100 Pioneer Trail
Temporary On-Sale Wine Organization: Eden Prairie Lions Club Event: Pax Christi Summer Music Series Date: July 11, 2024
Place: Pax Christi Catholic Community
12100 Pioneer Trail Temporary On-Sale Wine Organization: Eden Prairie Lions Club
Event: Pax Christi Summer Music Series
Date: August 8, 2024 Place: Pax Christi Catholic Community 12100 Pioneer Trail
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for a PUD District Review with waivers on 23 acres
• Adopt a Resolution for Site Plan Review on 23 acres
• Approve the Development Agreement for Aldevron
Synopsis This is the second reading for the Aldevron project. The applicant is requesting approval to construct an addition onto the existing building at 7075 Flying Cloud Drive. The 23-acre property is located east of Flying Cloud
Drive and south of W. 70th Street near the Golden Triangle Light Rail Station. There is a 345,503 square foot 2-story building currently on the site. The proposed project includes the construction of a 96,344 square foot 2-story addition onto the northwest side of the existing building and remodeling the existing building. The proposed uses
of the building include office, manufacturing, warehouse, and mechanical spaces. The new addition is proposed to have a modern industrial look. The existing building will be refaced to complement the addition; thereby, creating visual continuity and a unified appearance. Background The public hearing for this project was held at the January 16, 2024 City Council meeting.
The 120-day review period expires on March 11, 2024.
Attachments Attach 1 - Ordinance PUD District with Waivers
Attach 2 – Ordinance Summary
Attach 3 - Resolution for Site Plan Review Attach 4 – Development Agreement
CITY COUNCIL AGENDA
SECTION: Consent
DATE
February 20, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION
Aldevron Building Addition
ITEM NO.
VIII.B
ALDEVRON
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the designation of the land be amended within the I-2 Zoning District as -2023-PUD-_-2024 (hereinafter "PUD-_-2024”). Section 3. The City Council hereby makes the following findings:
A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2024 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2024 are justified by the design of the development described therein.
D. PUD-_-2024 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the I-2 Zoning District as Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision
1, subparagraph B, shall be and are amended accordingly.
Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 20, 2024 entered into between Aldevron, LLC, a North Dakota limited liability company, and the City of Eden Prairie (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024,
and are hereby made a part hereof.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 2024, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of
February, 2024.
ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2024.
EXHIBIT A
PUD Legal Description Legal Description Lot 1, Block 2, Liberty Plaza, except that part which lies southeasterly, easterly, and northerly of Line 1 described below:
Line 1: Commencing at the most southerly southwest corner of said Outlot B; thence northwesterly on an azimuth of 313 degrees 16 minutes 09 seconds along the southwest line of said Outlot B a distance of 8.32 feet, more or less, to the most westerly southwest corner of said Outlot B and the point of beginning of Line 1 to be described; thence on an azimuth of 49
degrees 00 minutes 52 seconds along the northwest line of said Outlot B a distance of 323.17 feet; thence on an azimuth of 40 degrees 52 minutes 58 seconds 174.30 feet; thence on an azimuth of 39 degrees 53 minutes 33 seconds 51.51 feet; thence on an azimuth of 00 degrees 17 minutes 30 seconds 24.00 feet; thence on an azimuth of 05 degrees 43 minutes 14 seconds 127.80 feet; thence on an azimuth of 359 degrees 00 minutes 27 seconds 584.58 feet; thence on
an azimuth of 359 degrees 30 minutes 28 seconds 40.11 feet; thence continuing on the last described course 15.17 feet; thence on an azimuth of 269 degrees 31 minutes 24 seconds 41.65 feet; thence on an azimuth of 305 degrees 47 minutes 38 seconds 9.86 feet; thence on an azimuth of 342 degrees 03 minutes 53 seconds 16.28 feet to the north line of said Lot 1, Block 2, Liberty Plaza, and there terminating.
Torrens Property-Certificate of Title No. 1495165.
ALDEVRON
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land
located within the I- 2 Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR ALDEVRON BY BWBR WHEREAS, BWBR, has applied for Site Plan approval of Aldevron to construct an addition onto the existing building;
WHEREAS, zoning approval for the Aldevron building addition was granted by an Ordinance approved by the City Council on February 20, 2024; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 11, 2023 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 2024 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to BWBR, subject to the Development Agreement between Aldevron LLC and the City of Eden Prairie, reviewed and approved by the City Council on
February 20, 2024.
ADOPTED by the City Council of the City of Eden Prairie this 20th day of February, 2024.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 2, Liberty Plaza, except that part which lies southeasterly, easterly, and northerly of Line 1 described below: Line 1: Commencing at the most southerly southwest corner of said Outlot B; thence northwesterly on an azimuth of 313 degrees 16 minutes 09 seconds along the southwest line of said Outlot B a distance of 8.32 feet, more or less, to the most westerly southwest corner of said Outlot B and the point of beginning of Line 1 to be described; thence on an azimuth of 49 degrees 00 minutes 52 seconds along the northwest line of said Outlot B a distance of 323.17 feet; thence on an azimuth of 40 degrees 52 minutes 58 seconds 174.30 feet; thence on an azimuth of 39 degrees 53 minutes 33 seconds 51.51 feet; thence on an azimuth of 00 degrees 17 minutes 30 seconds 24.00 feet; thence on an azimuth of 05 degrees 43 minutes 14 seconds 127.80 feet; thence on an azimuth of 359 degrees 00 minutes 27 seconds 584.58 feet; thence on an azimuth of 359 degrees 30 minutes 28 seconds 40.11 feet; thence continuing on the last described course 15.17 feet; thence on an azimuth of 269 degrees 31 minutes 24 seconds 41.65 feet; thence on an azimuth of 305 degrees 47 minutes 38 seconds 9.86 feet; thence on an azimuth of 342 degrees 03 minutes 53 seconds 16.28 feet to the north line of said Lot 1, Block 2, Liberty Plaza, and there terminating.
Torrens Property-Certificate of Title No. 1495165.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Kinsley Townhomes
ITEM NO.:
VIII.C
Requested Action
Move to: Adopt the resolution approving the final plat of Kinsley. This proposal is for a plat located at 17305 and 17325 Pioneer Trail. The plat consists of 6.13 acres to be platted into 43 lots and 1 outlot and right of way dedication for street purposes. The proposed townhome project consists of 8 buildings and 42 units.
Background Information The preliminary plat was approved by the City Council on September 19, 2023. Second reading
of the Rezoning Ordinance and final approval was approved by the City Council on October 17, 2023. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $4,620.00
• Receipt of street lighting fee in the amount of $641.52
• Receipt of street sign fee in the amount of $570.00
• Revision to plat shall include removing the Valley Road label outside of the property
platted area.
• Revision to plat shall include a drainage and utility easement notation over all of Outlot A.
• Prior to release of final plat, Developer shall execute a Special Assessment Agreement for trunk sewer and water assessments on an assessable area of 5.47 acres in the amount of $52,376.10. A portion of the property (PID 20-116-22-33-0003) is subject to a deferred assessment in the amount of $20,520.00.
• Prior to release of final plat, Developer must pay the cash payment in lieu of tree replacement. The cash payment must be based on 214 inches of tree replacement.
• Prior to release of final plat, Developer shall execute an Encroachment and Maintenance Agreement for the maintenance and replacement of the screening in the right-of-way.
• Prior to release of final plat, Developer and the City will negotiate in good faith a separate agreement that sets forth the details of how the affordability of the IH Units as required by the IH Ordinance will be documented and enforced during the 10-year period.
• Satisfaction of bonding requirements for the installation of public improvements.
• Developer shall submit a permit fee of five percent of the construction value of the public
improvements prior to the release of the final plat.
• Prior to release of final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
Attachment Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024- A RESOLUTION APPROVING FINAL PLAT OF KINSLEY TOWNHOMES
WHEREAS, the plat of Kinsley has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Kinsley is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated February 20, 2024. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on February 20, 2024.
____________________________________ Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION:
Adopt Resolution to Update City’s Prioritized Bridge Replacement List
ITEM NO.:
VIII.D
Requested Action
Move to: Adopt Resolution to Update City’s Prioritized Bridge Replacement List Synopsis
The Local Bridge Replacement Program, which is administered by MnDOT State Aid for Local Transportation Division, provides local agencies transportation funding for the reconstruction of bridges on their local road system. The first step in the eligibility process is identifying and prioritizing bridge projects which are supported by City Council resolution and submitting to
MnDOT. If approved, the local agency begins developing bridge plans for State Aid approval. Background Information
MnDOT recommends cities update their bridge priority list from time to time. The previous resolution included two bridges in need of replacement. The Willow Creek culvert was replaced in 2023 and the bridge designation has been removed. The remaining bridge is the Creek Knoll Road bridge. This bridges is identified in the Capital Improvement Plan and funding sources such as State Transportation Funds are options to help fund the project.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-__ PRIORITIZED BRIDGE REPLACEMENT LIST
WHEREAS, the City of Eden Prairie has reviewed the pertinent data on bridges requiring
replacement, rehabilitation, or removal, supplied by local citizenry and local units of government; and
WHEREAS, the City of Eden Prairie has identified those bridges that are high priority and that require replacement within the next capital improvement plan cycle;
NOW, THEREFORE, be it resolved that the Eden Prairie City Council agrees that the following deficient bridge is a high priority and the City of Eden Prairie intends to replace the bridge as soon as possible when funds are available,
Old Bridge Number
Road Number or Name
Total Project Cost
Township or State Bridge Funds
Federal Funds Local or State Aid Funds
Proposed Construction Year
L8073 Creek Knoll
Road
1,650,000 1,000,000 0 650,000 2028
FURTHERMORE, the City of Eden Prairie does hereby request authorization to replace, such
bridges. ADOPTED by the Eden Prairie City Council on February 20, 2024.
____________________________________ Ronald A. Case, Mayor ATTEST: SEAL
______________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Administration Rick Clark, Facilities
ITEM DESCRIPTION:
Professional Services Agreement with Apex Facility Solutions for Fire 1 HVAC
ITEM NO.:
VIII.E
Motion Move to: Authorize entering into a Professional Services Agreement with Apex Facility Solutions for design and management services for the Fire 1 HVAC project in the amount of $34,550.00.
Synopsis
The HVAC system at Fire 1 is scheduled in the Capital Improvement Plan to be replaced in 2024. Entering into this agreement allows for proper scope and design services for replacing HVAC equipment at Fire Station 1 with a sustainability focus. Staff has worked with Apex on
other projects and recommends moving forward with this agreement.
Attachment Professional Services Agreement – Apex Facility Solutions
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 20th day of February 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Apex Facility Solutions (“Consultant”), a Minnesota LLC (hereinafter “Consultant”) whose business address is 3495 Northdale Blvd NW Suite 230 Coon Rapids, MN
55448.
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 HVAC equipment and controls replacement/improvement 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 in connection with the Work. Exhibit A is intended to be the scope of service
for the work of the Consultant. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from February 20th 2024 through December
30th 2024 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $34,550 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
Page 2 of 12 2021 04 22
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 12 2021 04 22
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
Page 4 of 12 2021 04 22
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
Page 5 of 12 2021 04 22
Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Page 6 of 12 2021 04 22
Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
Page 7 of 12 2021 04 22
negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for
Page 8 of 12 2021 04 22
mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 12 2021 04 22
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
Page 10 of 12 2021 04 22
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________ By: Its:
Page 11 of 12 2021 04 22
Exhibit A
January 17, 2024 City of Eden Prairie
8080 Mitchell Rd Eden Prairie, MN 55344
RE: City of Eden Prairie Fire Station 1 HVAC Upgrades
Professional Services Proposal Apex Facility Solutions is pleased to provide the following proposal for the above-referenced project.
Our proposal encompasses professional services for both the design and construction management of the City's Fire Station 1 HVAC project. This project involves enhancements to the facility’s existing HVAC system.
Construction Budget
Project scope is based on a construction budget of $275,000.
Scope of Services
Step 1— Design services
• Site visit and on-site data collection.
• Collect Information on HVAC systems including boilers, roof top unit, water heater,
HVAC controls, and routing possibilities for a hot water conversion of the RTU.
• Create design documents to be used for obtaining bids for the work.
• Obtain bids for the work.
• Create bid tabulation and make recommendations for final scope of work.
Step 2 – Construction Management
• Prepare contract(s) for implementation of work.
• Review shop drawings.
• Conduct construction administration (RFI’s, Invoicing, etc.)
• Startup oversight assistance (Client will be on site lead)
• Commissioning of new HVAC systems
• Obtain and organize closeout documents from contractor(s) for the project.
Page 12 of 12 2021 04 22
Consideration
The fee for Apex to provide these services is $34,550. We appreciate the opportunity to continue to work with the City of Eden Prairie on these
important facility improvement projects. Sincerely,
Cody Capra
Cody Capra
Director of Business Development CodyC@apex-co.us 715-419-0781
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Administration/ Finance, Tammy Wilson
ITEM DESCRIPTION:
Approve Professional Services Agreement with Baker Tilly Municipal Advisors, LLC for Post Compliance Issuance Services
ITEM NO.:
VIII.F
Requested Action
Move to: Approve professional services agreement with Baker Tilly Municipal Advisors, LLC for Post Compliance Issuance Services. Synopsis
To ensure that the City is compliant with rules and regulations for post compliance issuance on debt, staff conducted an RFP process in 2013 to hire a firm to perform these services. As IRS scrutiny of tax-exempt debt has increased, staff wants to be proactive in ensuring compliance. The original and prior contract allowed for the renewal of the contract. This action allows the City to enter into a yearly agreement. We have been satisfied with their service and if we switch to a new
company, there will be additional one-time set-up fees that we have already paid to Baker Tilly. For the last contract, we have paid between $6,125 and $12,525 annually. Costs vary due to when arbitrage calculations are due and the number of debt issues outstanding. Attachments Agreement for Professional Services Exhibit A – Arbitrage Scope Exhibit B – Continuing Disclosure Scope
Exhibit C – Municipal Advisory Disclosures
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 20th day of February, 2024, between the City of
Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Baker Tilly Municipal Advisors LLC, a Wisconsin limited liability
company (hereinafter “Consultant”) whose business address is 30 East 7th Street, Suite 3025, St.
Paul, MN 55101.
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 Post-Compliance Issuance Advisory 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
Exhibits A and B (Scope Appendices) in connection with the Work. Exhibits A and B are
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 Exhibits A or B are declined in full and, accordingly, are deleted and shall
not be in effect in any manner unless otherwise referred to in this Agreement.
2.Term. The term of this Agreement shall be from 1/1/2024 through 12/31/2024, the date
of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate,
and upon the terms and conditions as herein stated.
3.Compensation for Services. City agrees to pay the Consultant for the services as
described in Exhibits A and B.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
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, full and
accurate 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, as provided for in Exhibits A and B, the
Consultant shall provide an itemized listing and such documentation as reasonably
required by the City. Each invoice shall contain the City’s project number and a
progress summary showing the original (or amended) amount of the contract,
current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibits A and B performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6.Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7.Standard of Care. Consultant warrants that it will 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. City’s sole
and exclusive remedy for a breach of Consultant’s warranty will be for Baker Tilly, in the
City’s sole discretion, to either: (i) use its reasonable commercial efforts to re-perform or
correct the Services, or (ii) refund the fee City paid for the Services that are in breach of
Consultant’s warranty. City must make a claim for breach of warranty in writing within
sixty (60) days of the date that Services have been performed that do not comply with
Consultant’s warranty. This warranty is voided in the event that the City makes alterations
to the Services provided by Consultant or to the environment in which the Services are
used (including the physical, network and systems environments) that are not authorized
in writing by Consultant. If the City does not notify Consultant of a breach of Consultant’s
warranty during that 60-day period, the City will be deemed to have irrevocably accepted
the Services. Consultant shall put forth reasonable efforts to complete its duties in a timely
manner. Consultant shall not be responsible for delays caused by factors beyond its control
or that could not be reasonably foreseen at the time of execution of this Agreement.
Consultant shall be responsible for costs, delays or damages arising from unreasonable
delays in the performance of its duties.
8.Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9.Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
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.
Though the Services may include the Consultant’s recommendations or advice, all
decisions regarding the implementation of such advice or recommendations shall be the
responsibility of, and made by, 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 that all subcontractors maintain insurance meeting all the
requirements of this paragraph 11, and Consultant must include in its contract with
subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$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 per
claim. 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 occurrence”
basis.
i. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
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 reasonably acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to
enforce the terms of Consultant’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance
under this Agreement. 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.
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 grossly 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.
As Consultant is performing the Services solely for the benefit of City, City will indemnify
Consultant, its subsidiaries and their present or former partners, principals, employees,
officers and agents against all costs, fees, expenses, damages and liabilities (including
attorneys’ fees and all defense costs) associated with any third-party claim, relating to or
arising as a result of the City’s use of the Deliverables or any breach of this Agreement by
City.
In the event Consultant is requested by the City; or required by government regulation,
subpoena or other legal process to produce our engagement working papers or its personnel
as witnesses with respect to its Services rendered for the City, so long as Consultant is not
a party to the proceeding in which the information is sought, City will reimburse Consultant
for its professional time and expenses, as well as the fees and legal expenses, incurred in
responding to such a request.
13.Ownership of Documents.
Subject to Consultant’s rights in Consultant Knowledge (as defined below) or unless
otherwise set forth to the contrary in an applicable SOW, the Consultant shall deliver,
assign, transfer and convey to City all rights including, but not limited to, intellectual
property rights (patents, trademarks, copyrights, and trade secrets) title, and interest to all
documents, data, materials, programming, processes, studies, reports, surveys, proposals,
plans, codes, scientific information, technological information, regulations, maps,
equipment, charts, schedules, photographs, exhibits, software, software source code,
documentation, services furnished hereunder, and other materials and property prepared,
provided or developed under this Agreement ("Deliverables"). Notwithstanding the
foregoing, Consultant will maintain all ownership right, title and interest to all of
Consultant‘s Knowledge. For purposes of this Agreement “Consultant Knowledge” means
Consultant’s proprietary programs, modules, products, inventions, designs, data, or other
information, including all copyright, patent, trademark and other intellectual property
rights related thereto, that are (1) owned or developed by Consultant prior to the Effective
Date of this Agreement (“Consultant’s Preexisting Knowledge”) (2) developed or obtained
by Consultant after the Effective Date, including during the course of providing services
under this Agreement, but: (i) which are developed or obtained without using City’s
Confidential Information, or (ii) which City has not paid for such development; and (3)
extensions, enhancements, or modifications of Consultant Preexisting Knowledge which
do not include or incorporate City’s Confidential Information. To the extent that any
Consultant Knowledge is incorporated into the Deliverables, Consultant grants to City a
non-exclusive, paid up, perpetual royalty-free worldwide license to use such Consultant
Knowledge in connection with the Deliverables, and for no other purpose without the prior
written consent of Consultant.
14.Mediation and Dispute Resolution. 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 using the
mediation rules for professional accounting and related services disputes 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
a location 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.
BOTH PARTIES HEREBY WAIVE TRIAL BY JURY IN ANY JUDICIAL
PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER
(WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY
ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AGREEMENT OR
THE RELATIONSHIP ESTABLISHED HEREUNDER. THE PARTIES AGREE THAT
ANY DISPUTES RELATED TO OR CONNECTED WITH THIS AGREEMENT
SHALL BE BROUGHT IN THE STATE AND FEDERAL COURTS OF MINNESOTA.
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. The liability (including attorney’s fees and all other costs) of Consultant and its
present or former partners, principals, agents or employees related to any claim for
damages relating to the Services performed under this Agreement shall not exceed two
times (2x) the fees paid to Consultant during the previous 12 months, except to the extent
finally determined to have resulted from the gross negligence, willful misconduct or
fraudulent behavior of Consultant relating to such Services. This limitation of liability is
intended to apply to the full extent allowed by law, regardless of the grounds or nature of
any claim asserted, including the negligence of either party. In no event shall either party
be liable for any lost profits, lost business opportunity, lost data, consequential, special,
incidental, exemplary or punitive damages, delays, interruptions or viruses arising out of
or related to this Agreement even if the other party has been advised of the possibility of
such damages.
Because of the importance of the information that City provides to Consultant with respect
to Consultant’s ability to perform the Services, City hereby releases Consultant and its
present and former partners, principals, agents and employees from any liability, damages,
fees, expenses and costs, including attorney's fees, relating to the Services, that arise from
or relate to any information, including representations by management, provided by City,
its personnel or agents, that is not complete, accurate or current, whether or not
management knew or should have known that such information was not complete, accurate
or current.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy
limitations in this Agreement are material bargained for bases of this Agreement and that
they have been taken into account and reflected in determining the consideration to be
given by each party under this Agreement and in the decision by each party to enter into
this Agreement.
The terms of this Section shall apply regardless of the nature of any claim asserted
(including, but not limited to, contract, tort or any form of negligence, whether of City,
Consultant or others), but these Terms shall not apply to the extent finally determined to
be contrary to the applicable law or regulation. These Terms shall also continue to apply
after any termination of this Agreement.
20.Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21.Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22.Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23.Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24.Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25.Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26.Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27.Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28.Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29.Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
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.
To the extent the Services require Consultant to receive private, nonpublic, confidential or
personal data or personal information from City, Consultant may process, and engage
subcontractors to assist with processing, any private, nonpublic or personal data or personal
information, as those terms are defined in applicable privacy laws. Consultant’s processing
shall be in accordance with the requirements of the applicable privacy laws relevant to the
processing in providing Services hereunder, including Services performed to meet the
business purposes of the City, such as Consultant’s tax, advisory, and other consulting
services. Applicable privacy laws may include any local, state, federal or international
laws, standards, guidelines, policies or regulations governing the collection, use,
disclosure, sharing or other processing of personal data or personal information with which
Consultant or its clients must comply. Such privacy laws may include (i) the EU General
Data Protection Regulation 2016/679 (GDPR); (ii) the California Consumer Privacy Act
of 2018 (CCPA); (iii) the Minnesota Government Data Practices Act; and/or (iv) other laws
regulating marketing communications, requiring security breach notification, imposing
minimum security requirements, requiring the secure disposal of records, and other similar
requirements applicable to the processing of private, nonpublic, confidential or personal
data or personal information. Consultant is acting as a Service Provider/Data Processor, as
those terms are defined respectively under the CCPA/GDPR, in relation to City personal
data and personal information. As a Service Provider/Data Processor processing personal
data or personal information on behalf of City, Consultant shall, unless otherwise permitted
by applicable privacy law, (a) follow City instructions; (b) not sell personal data or personal
information collected from the City or share the personal data or personal information for
purposes of targeted advertising; (c) process personal data or personal information solely
for purposes related to the City’s engagement and not for Consultant’s own commercial
purposes; and (d) cooperate with and provide reasonable assistance to City to ensure
compliance with applicable privacy laws. City is responsible for notifying Consultant of
any applicable privacy laws the personal data or personal information provided to Baker
Tilly is subject to, and City represents and warrants it has all necessary authority (including
any legally required consent from individuals) to transfer such information and authorize
Consultant to process such information in connection with the Services described herein.
Consultant is responsible for notifying City if Consultant becomes aware that it can no
longer comply with any applicable privacy law and, upon such notice, shall permit City to
take reasonable and appropriate steps to remediate private, nonpublic, confidential or
personal data or personal information processing. City agrees that Consultant has the right
to generate aggregated/de-identified data from the accounting and financial data provided
by City to be used for Consultant business purposes and with the outputs owned by
Consultant. For clarity, Consultant will only disclose aggregated/de-identified data in a
form that does not identify City, City employees, or any other individual or business entity
and that is stripped of all persistent identifiers. City is not responsible for Consultant’s use
of aggregated/de-identified data.
Consultant has established information security related operational requirements that
support the achievement of our information security commitments, relevant information
security related laws and regulations, and other information security related system
requirements. Such requirements are communicated in Consultant's policies and
procedures, system design documentation, and contracts with customers. Information
security policies have been implemented that define our approach to how systems and data
are protected. City is responsible for providing timely written notification to Consultant of
any additions, changes or removals of access for City personnel to Consultant provided
systems or applications. If City becomes aware of any known or suspected information
security or privacy related incidents or breaches related to this agreement, City should
timely notify Consultant via email at dataprotectionofficer@bakertilly.com.
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.
31.Important Disclosures. Consultant provides a list of “Important Disclosures” that is
attached and incorporated into this Agreement as Exhibit C.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its: Director
Christina Cromer
EXHIBIT A: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20201214) Page SA - 1 | 4
RE: Arbitrage Monitoring Services
DATE: February 20, 2024
This Scope Appendix is attached by reference to the above-named agreement (the “Agreement”) between the City
of Eden Prairie, Minnesota (the “Client”) and Baker Tilly Municipal Advisors, LLC and relates to services to be
provided by Baker Tilly Municipal Advisors, LLC.
SCOPE OF WORK
Baker Tilly Municipal Advisors, LLC (“BTMA”) will perform the following services:
A. Arbitrage Monitoring Services
City of Eden Prairie, Minnesota
$3,940,000 General Obligation Bonds, Series 2016A
$4,920,000 General Obligation Water Revenue Bonds, Series 2019A
$7,417,000 General Obligation Refunding Bonds, Series 2020A
$17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A
$381,102 Tax-Exempt Lease Purchase Agreement 2022
BTMA shall, based on information supplied by Client, make arbitrage calculations (to include for purposes of
this document, rebate and yield reduction calculations) required by Section 148 of the Internal Revenue Service
(“IRS”) Code and related U.S. Treasury regulations with respect to specified Debt Obligations for the reporting
period designated for any such Debt Obligation.
In carrying out its duties, BTMA shall periodically, for each specified Debt Obligation:
1. Determine the arbitrage yield limit on the applicable Debt Obligation;
2. Determine the amount of any arbitrage payment due the IRS while taking into consideration applicable
exceptions;
3. Notify Client and/or its designee of any liability amount;
4. Prepare for submission by Client the form(s) with which to submit any payment amount due to the IRS
at the appropriate intervals throughout the term of the engagement relative to each specified Debt
Obligation.
Client agrees to timely provide BTMA with accurate information concerning cash and investment activity within
all funds relative to the subject Debt Obligations. The information to be provided shall include:
1. Deposits and withdrawals of proceeds or money from other sources within any funds subject to the IRS
arbitrage rules;
2. Payments of principal and interest on the Debt Obligations; and
3. All investment activity including:
a. Date of purchase or acquisition;
b. Purchase price of investments including any accrued interest;
c. Face amount and maturity date;
d. Stated rate of interest;
e. Interest payment dates;
f. Date of sale, transfer, or other disposition;
g. Sale or disposition price; and
h. Accrued interest due on the date of sale or disposition.
EXHIBIT A: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20201214) Page SA - 2 | 4
4. The Client will provide copies of Debt Obligation offering or legal documents, including, but not limited
to, the official statement, the information return filed upon issuance (Form 8038 or 8038-G), the
arbitrage certificate, verification report and the bond ordinance/trust indenture.
5. Any other information necessary for BTMA to make the calculations required for the specified Debt
Obligation.
The Client is responsible for notifying BTMA of any of the following:
- additional or subsequent Debt Obligations that would require arbitrage monitoring services;
- redemptions/refundings of Debt Obligations that would affect the designated reporting period.
Our engagement will not include verifying that: proceeds were used for purpose expenditures; investments
were purchased at market price; no amounts were paid to any party in order to reduce the yield on any
investment; the Debt Obligation was appropriately structured or qualified as a tax-exempt offering; or
information provided to us is complete and accurate.
During the performance of these procedures, it may become necessary for us to consult with your bond counsel
and/or obtain information from them concerning interpretations of the above information as affected by
applicable sections of the Internal Revenue Code. We will consult with you before any such action is initiated.
Subsequent changes in official interpretations of the tax law may require or permit revision of calculations by
requiring or permitting a different methodology for the calculation of arbitrage rebate and yield reduction. We
will be under no obligation to update our report for any events occurring, or data or information coming to our
attention, subsequent to the issuance of our report.
Calculation and payment of any arbitrage rebate liability and yield reduction payment due is the responsibility
of the Client. As such, management has the primary responsibility for the arbitrage rebate and/or yield reduction
payment return which the Client may be required to file. You should review the report and calculations carefully
upon receipt.
COMPENSATION AND INVOICING
Fees for services set forth in the Scope Appendix will be applied as follows per determination for each Debt
Obligation:
1. Initial determination for a Debt Obligation: $2,500 for the first year, plus $500 for each additional year up
to a five-year period when such determinations are made for periods in excess of one year.
2. Subsequent determination for a Debt Obligation: $1,750 for one year, plus $500 for each additional year
when such determinations are made for periods in excess of one year.
3. Preparation of Form 8038-T: $500
4. If BTMA is required to perform allocations of investments among funds and/or Debt Obligations, additional
compensation will be charged at the standard hourly rates in place at the time services are provided.
Standard Hourly Rates by Job Classification
2024
Principal $330
Director $300
Manager $260
Consultant $200
Support, municipal bond disclosure specialist $150
Intern $110
EXHIBIT A: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20201214) Page SA - 3 | 4
Billing rates are subject to change periodically due to changing requirements and economic conditions. Baker Tilly
will notify Client thirty (30) days in advance of any change to fees. If Client does not dispute such change in fees
within that thirty (30) day period, Client will be deemed to have accepted such change. The fees billed will be the
fees in place at the time services are provided. Actual fees will be based upon experience of the staff assigned and
the complexity of the engagement.
The above fees shall include all expenses incurred by BTMA with the exception of expenses incurred for mileage
which will be billed on a separate line item. No such expenses will be incurred without the prior authorization of the
Client. The fees do not include the charges of other entities such as rating agencies, bond and official statement
printers, couriers, newspapers, bond insurance companies, bond counsel and local counsel, and electronic bidding
services, including Parity®. Coordination of the printing and distribution of Official Statements or any other Offering
Document are to be reimbursed by the Client based upon the time and expense for such services.
Nonattest Services
As part of this engagement, we will perform certain nonattest services. For purposes of the Agreement and this
Scope Appendix, nonattest services include services that the Government Auditing Standards refers to as nonaudit
services.
We will not perform any management functions or make management decisions on your behalf with respect to any
nonattest services we provide.
In connection with our performance of any nonattest services, you agree that you will:
Continue to make all management decisions and perform all management functions, including approving
all journal entries and general ledger classifications when they are submitted to you.
Designate an employee with suitable skill, knowledge, and/or experience, preferably within senior
management, to oversee the services we perform.
Evaluate the adequacy and results of the nonattest services we perform.
Accept responsibility for the results of our nonattest services.
Establish and maintain internal controls, including monitoring ongoing activities related to the nonattest
function.
Conflicts of Interest
Exhibit C to the Agreement contains important disclosure information that is applicable to this Scope Appendix.
We are unaware of any additional conflicts of interest related to this Scope Appendix that exist at this time.
Termination
Notwithstanding termination provisions contained in the Agreement, this Scope Appendix is intended to be ongoing
and applicable individually to specific services including financings, arbitrage computations, and/or continuing
disclosure engagement, (“Sub-engagements”) as if they are the sole subject of the Scope Appendix. As such,
termination may occur for a specific Sub-engagement without terminating the Scope Appendix itself. On termination
of a Sub-engagement or the Scope Appendix, all fees and charges incurred prior to termination shall be paid
promptly. Unless otherwise agreed to by the Client and Baker Tilly, the scope of services provided in a Sub-
engagement performed under this Scope Appendix will terminate 60 days after completion of the services for such
Sub-engagement.
EXHIBIT A: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20201214) Page SA - 4 | 4
If this Scope Appendix is acceptable, please sign below and return one copy to us for our files. We look forward
to working with you on this important project.
Sincerely,
Christina L. Cromer, Director
Signature Section:
The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by:
Name: _______________________________
Title: _______________________________
Date: _______________________________
EXHIBIT B: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20230309) Page SA - 1 | 3
RE: Municipal Advisory Services: Continuing Disclosure
DATE: February 20, 2024
This Scope Appendix is attached by reference to the above-named agreement (the “Agreement”) between
the City of Eden Prairie, Minnesota (the “Client”) and Baker Tilly Municipal Advisors, LLC and relates to
services to be provided by Baker Tilly Municipal Advisors, LLC.
SCOPE OF WORK
Baker Tilly Municipal Advisors, LLC (“BTMA”) will perform the following services:
A. Continuing Disclosure Services
BTMA will commence continuing disclosure services for debt obligations as set forth in any continuing
disclosure undertaking for the debt obligations that the Client will execute upon settlement. Annually,
BTMA will check in with the Client to confirm the engagement for the next annual reporting period.
In carrying out its duties, BTMA shall do the following:
1. Preparation and filing of annual reporting.
The Client will provide BTMA with a copy of each executed Continuing Disclosure Undertaking
(“CDU”) including master and supplemental CDUs if any.
BTMA will:
Identify the Client's reporting obligations, compile and prepare, as needed, any necessary
operating data, and file any required annual report and financial statements, including the audit
as provided for in each CDU for the reporting period;
Provide to the Municipal Securities Rulemaking Board ("MSRB") through its Electronic
Municipal Market Access System ("EMMA"), the annual information required under each
respective CDU; and
Provide additional reporting to purchasers, as set forth in Debt Obligation documents or private
agreements;
2. Assistance filing reportable events on EMMA
Upon notification of one of the events listed as set forth in each CDU (collectively, Reportable
Events), BTMA will assist the Client with filing any Reportable Events. Most Reportable Events are
required by the Rule to be filed within ten business days of the occurrence of such event. Client will
notify BTMA as soon as possible when they believe a reportable event has or may have occurred
to enable BTMA to file a timely notice on EMMA. It is the Client’s sole responsibility to notify BTMA
of the potential occurrence of a Reportable Event.
3. Five-year Compliance Check
At the time any Debt Obligations subject to the Rule are issued, the Client must disclose in its
official statement any instances in the past five years it failed to comply, in all material respects,
with any previous undertakings for Debt Obligations which were subject to the Rule. BTMA will:
A. Compile reporting requirements for any Debt Obligations that were outstanding during the
five-year period and assess all financial data, operating data, and reportable event filings made
for each applicable debt obligation. If necessary, at the time that BTMA conducts services
annually under Item 1, BTMA will update the five-year compliance check.
B. If a deficiency is found and the debt obligation(s) remain outstanding at the time of BTMA’s
compliance check, BTMA will prepare any necessary reporting or notices to meet the CDU
obligations. BTMA will provide the Client with documentation that the EMMA filing has been
completed.
EXHIBIT B: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20230309) Page SA - 2 | 3
Client agrees to provide BTMA with the audit and accurate information with respect to compiling the
annual report in a timely manner and to fully disclose to BTMA any Reportable Events as they occur.
4. EMMA Issuer Homepage (Upon request. Hourly rates will apply.)
BTMA will assist the Client on the creation of an Issuer Homepage on EMMA where Client and
related entity filings may be shown. The Client will have the option to review the Homepage and
provide additional information related to the Client.
5. Other post issuance services (Upon Request. Hourly rates will apply.)
If requested, BTMA will provide to the Client other post issuance services including, but not limited
to, consultation related to disclosure operating procedures, post issuance policies and procedures,
and debt management.
COMPENSATION
1. Compensation for continuing disclosure services
Fees for continuing disclosure services include the following:
a) Full Disclosure - An annual report is required to be prepared by BTMA:
(i) A fee of $1,300.00 will be applied to each separate type of debt report required (i.e., general
obligation, revenue, etc.); plus
(ii) A fee of $200.00 per debt obligation.
b) Full Disclosure – The Client’s audited financial statements contain some or all of the required
financial and operating data:
(i) A fee of $600.00; plus
(ii) A fee of $200.00 per debt obligation.
c) Full Disclosure – A Final Official Statement previously filed on EMMA can be referenced as containing
all the required financial and operating data:
(i) A fee of $200.00 per debt obligation.
d) Limited Disclosure
(i) A fee of $600.00; plus
(ii) A fee of $200.00 per debt obligation.
In addition to the above, Client shall be responsible for any county auditor certificate fees incurred for the
preparation of an annual report.
2. Expenses and Hourly Fees
Title 2024 Hourly Rate
Principal $330
Director $300
Manager $260
Consultant $200
Support, municipal bond disclosure specialist $150
Intern $110
Billing rates are subject to change periodically due to changing requirements and economic conditions.
Baker Tilly will notify Client thirty (30) days in advance of any change to fees. If Client does not dispute
such change in fees within that thirty (30) day period, Client will be deemed to have accepted such change.
The fees billed will be the fees in place at the time services are provided. Actual fees will be based upon
experience of the staff assigned and the complexity of the engagement.
EXHIBIT B: SCOPE APPENDIX to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
(Scopev20230309) Page SA - 3 | 3
The above hourly fees shall include all expenses incurred by BTMA with the exception of expenses incurred
for mileage which will be billed on a separate line item. No such expenses will be incurred without the prior
authorization of the Client.
Amounts due BTMA for expenses and services charged at hourly rates shall not be contingent.
Conflicts of Interest
Exhibit C to the Agreement contains important disclosure information that is applicable to this Scope
Appendix.
We are unaware of any additional conflicts of interest related to this Scope Appendix that exist at this time.
Termination
Notwithstanding termination provisions contained in the Agreement, this Scope Appendix is intended to be
ongoing and applicable individually to specific services including financings, arbitrage computations, and/or
continuing disclosure engagement, (“Sub-engagements”) as if they are the sole subject of the Scope
Appendix. As such, termination may occur for a specific Sub-engagement without terminating the Scope
Appendix itself. On termination of a Sub-engagement or the Scope Appendix, all fees and charges incurred
prior to termination shall be paid promptly. Unless otherwise agreed to by the Client and Baker Tilly, the
scope of services provided in a Sub-engagement performed under this Scope Appendix will terminate 60
days after completion of the services for such Sub-engagement.
If this Scope Appendix is acceptable, please sign below and return one copy to us for our files. We look
forward to working with you on this important project.
Sincerely,
Alyssa L. Glaser
Managing Director
Signature Section:
The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by:
Name: _______________________________
Title: _______________________________
Date: _______________________________
EXHIBIT C to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
Eden Prairie Agreement, dated February 20, 2024 (Exhibit C) Page 1 of 2
RE: Important Disclosures
Non-Exclusive Services
Client acknowledges and agrees that Baker Tilly and its affiliates, including but not limited to Baker Tilly
US, LLP, Baker Tilly Municipal Advisors, LLC, Baker Tilly Capital, LLC, and Baker Tilly Wealth
Management, LLC, is free to render municipal advisory and other services to the Client or others and that
Baker Tilly does not make its services available exclusively to the Client.
Affiliated Entities
Baker Tilly US, LLP is an independent member of Baker Tilly International. Baker Tilly International
Limited is an English company. Baker Tilly International provides no professional services to clients. Each
member firm is a separate and independent legal entity and each describes itself as such. Baker Tilly US,
LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International
or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly US, LLP, nor any
of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions.
The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited.
Baker Tilly Wealth Management, LLC (“BTWM”), a U.S. Securities and Exchange Commission (“SEC”)
registered investment adviser, may provide services to the Client in connection with the investment of
proceeds from an issuance of securities. In such instances, services will be provided under a separate
engagement, for an additional fee. Notwithstanding the foregoing, Baker Tilly may act as solicitor for and
recommend the use of BTWM, but the Client shall be under no obligation to retain BTWM or to otherwise
utilize BTWM relative to Client’s investments. The fees paid with respect to investment services are
typically based in part on the size of the issuance proceeds and Baker Tilly may have incentive to
recommend larger financings than would be in the Client’s best interest. Baker Tilly will manage and
mitigate this potential conflict of interest by this disclosure of the affiliated entity’s relationship, a Solicitation
Disclosure Statement when Client retains BTWM’s services.
Baker Tilly Capital, LLC (“BTC”) is a limited service broker-dealer specializing in merger and acquisition,
capital sourcing, project finance and corporate finance advisory services. BTC does not participate in any
municipal offerings advised on by its affiliate Baker Tilly Municipal Advisors. Any services provided to
Client by BTC would be done so under a separate engagement for an additional fee.
Baker Tilly Municipal Advisors (“BTMA”) is registered as a “municipal advisor” pursuant to Section 15B of
the Securities Exchange Act and rules and regulations adopted by the SEC and the Municipal Securities
Rulemaking Board (“MSRB”). As such, BTMA may provide certain specific municipal advisory services
to the Client. BTMA is neither a placement agent to the Client nor a broker/dealer. The offer and sale of
any bonds is made by the Client, in the sole discretion of the Client, and under its control and supervision.
The Client acknowledges that BTMA does not undertake to sell or attempt to sell bonds or other debt
obligations and will not take part in the offer or sale thereof.
Baker Tilly, may provide services to the Client in connection with human resources consulting, including,
but not limited to, executive recruitment, talent management and community survey services. In such
instances, services will be provided under a separate scope of work for an additional fee. Certain
executives of the Client may have been hired after the services of Baker Tilly were utilized and may make
decisions about whether to engage other services of Baker Tilly or its affiliates. Notwithstanding the
foregoing, Baker Tilly may recommend the use of Baker Tilly or a subsidiary, but the Client shall be under
no obligation to retain Baker Tilly or an affiliate or to otherwise utilize either relative to the Client’s activities.
EXHIBIT C to
Agreement dated: February 20, 2024
Between City of Eden Prairie, MN and
Baker Tilly Municipal Advisors, LLC
Eden Prairie Agreement, dated February 20, 2024 (Exhibit C) Page 2 of 2
Conflict Disclosure Applicable to Municipal Advisory Services Provided by BTMA
Legal or Disciplinary Disclosure. BTMA is required to disclose to the SEC information regarding criminal
actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer
complaints, arbitrations and civil litigation involving BTMA. Pursuant to MSRB Rule G-42, BTMA is
required to disclose any legal or disciplinary event that is material to the Client’s evaluation of BTMA or
the integrity of its management or advisory personnel.
There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil
judicial actions, customer complaints, arbitrations or civil litigation involving BTMA. Copies of BTMA filings
with the SEC can currently be found by accessing the SEC’s EDGAR system Company Search Page
which is currently available at https://www.sec.gov/edgar/searchedgar/companysearch.html and
searching for either Baker Tilly Municipal Advisors, LLC or for our CIK number which is 0001616995. The
MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that
describes the protections that may be provided by MSRB rules and how to file a complaint with the
appropriate regulatory authority.
Contingent Fee. The fees to be paid by the Client to BTMA are or may be based on the size of the
transaction and partially contingent on the successful closing of the transaction. Although this form of
compensation may be customary in the municipal securities market, it presents a conflict because BTMA
may have an incentive to recommend unnecessary financings, larger financings or financings that are
disadvantageous to the Client. For example, when facts or circumstances arise that could cause a
financing or other transaction to be delayed or fail to close, BTMA may have an incentive to discourage a
full consideration of such facts and circumstances, or to discourage consideration of alternatives that may
result in the cancellation of the financing or other transaction.
Hourly Fee Arrangements. Under an hourly fee form of compensation, BTMA will be paid an amount equal
to the number of hours worked multiplied by an agreed upon billing rate. This form of compensation
presents a potential conflict of interest if BTMA and the Client do not agree on a maximum fee under the
applicable Appendix to this Engagement Letter because BTMA will not have a financial incentive to
recommend alternatives that would result in fewer hours worked. In addition, hourly fees are typically
payable by the Client whether or not the financing transaction closes.
Fixed Fee Arrangements. The fees to be paid by the Client to BTMA may be in a fixed amount established
at the outset of the service. The amount is usually based upon an analysis by the Client and BTMA of,
among other things, the expected duration and complexity of the transaction and the work documented
in the Scope Appendix to be performed by Baker Tilly. This form of compensation presents a potential
conflict of interest because, if the transaction requires more work than originally contemplated, Baker Tilly
may suffer a loss. Thus, Baker Tilly may recommend less time-consuming alternatives, or fail to do a
thorough analysis of alternatives.
BTMA manages and mitigates conflicts related to fees and/or other services provided primarily through
clarity in the fee to be charged and scope of work to be undertaken and by adherence to MSRB Rules including,
but not limited to, the fiduciary duty which it owes to the Client requiring BTMA to put the interests of the
Client ahead of its own and BTMA’s duty to deal fairly with all persons in its municipal advisory activities.
To the extent any additional material conflicts of interest have been identified specific to a scope of work the
conflict will be identified in the respective Scope Appendix. Material conflicts of interest that arise after the date of
a Scope Appendix will be provide to the Client in writing at that time.
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: February 20, 2024
DEPARTMENT:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Purchase and install UPS Battery Backup at City
Hall Data Center
ITEM NO.:
VIII.G
Requested Action: Move to approve quote and authorize purchase and implementation of UPS Battery backup from
2N Systems for a total cost of $27,357.81
Background: City Hall data center is currently setup with a UPS battery backup for critical networking equipment. The vendor (Vertiv) notified the city in January 2023 that this unit is End of Life
(EOL) and will not receive any maintenance or support after September 2023. With assistance from the Facilities division, IT setup a second battery backup unit in late 2023 for Power Supply B, while retaining the Vertiv unit for Power Supply A. This Vertiv unit needs to be replaced. IT worked with vendors on sizing, and other requirements and quotes were obtained from 2N
Systems and Circuit Works. After further discussions, IT recommends using 2N Systems for this project. The unit provided by 2N is comparable to Circuit Works and the quote for 2N includes electrical permits and installation.
Cost Analysis
Circuit Works: $24,026.00 includes 2 years warranty and support with optional annual renewal. Electrical permit, materials and installation: $5,505.00 2N Systems: $27,357.81 includes electrical materials and permit, and 2 year warranty and support with optional annual renewal ($1,692 for routine hours service visit)
Attachments: Quote from 2N Systems Quote from Circuit Works Quote from Prairie Electric
20170610
Contract for Goods and Services
This Contract ("Contract") is made on the �ay of � , 20 �. between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Z.W 5"7 c Hlk--l: lLC a Minnesota ___ -,--______ (hereinafter "Vendor") whose business address1s z.<t'f.f:i w c.te,, st, u, ... tk:. 11tN rrs�.,/
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Replacement of UPS Battery backup in City Hall Data Centerhereinafter referred to as the "Work".
The City and Vendor agree as follows:
I.Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2.Term of Contract. All Work under this Contract shall be provided, performed and/or completed by ________ _
3.Compensation for Services. City agrees to pay the Vendor [a fixed sum of $ ______ __, OR [an hourly sum of$ ____ , with total payments not to exceed as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4.Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
5.Staffing. The Vendor has designated ___________ to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the
Work in accordance with the terms established herein. Vendor may not remove or replace the designated :staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6.Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in theperformance of its services as is ordinarily exercised by members of the profession undersimilar circumstances in Hennepin County, Minnesota.
7.Insurance.a.General Liability. Vendor shall maintain a general liability insurance policy withlimits of at least $1,000,000.00 for each person, and each occurrence, for bothpersonal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.b.Worker's Compensation. Vendor shall secure and maintain such insurance as willprotect Vendor from claims under the Worker's Compensation Acts and from claimsfor bodily injury, death, or property damage which may arise from the performance ofVendor's services under this Contract.c.Comprehensive Automobile Liability. Vendor shall maintain comprehensiveautomobile liability insurance with a $1,000,000 combined single limit each accident(shall include coverage for all owned, hired and non-owed vehicles.)
8.Indemnification. Vendor will defend and indemnify City, its officers, agents, andemployees and hold them harmless from and against all judgments, claims, damages, costsand expenses, including a reasonable amount as and for its attorney's fees paid, incurred orfor which it may be liable resulting from any breach of this Contract by Vendor, its agents,contractors and employees, or any negligent or intentional act or omission perfonned, takenor not performed or taken by Vendor, its agents, contractors and employees, relative to thisContract. City will indemnify and hold Vendor harmless from and against any loss forinjuries or damages arising out of the negligent acts of the City, its officers, agents oremployees.
9.Warnmty. The Vendor expressly warrants and guarantees to the City that all Workperformed and all materials furnished shall be in accord with the Contract and shall be freefrom defects in materials, workmanship, and operation which appear within a period of oneyear, or within such longer period as may be prescribed by law or in the terms of theContract, from the date of City's written acceptance of the Work. The City's rights under theContractor's warranty are not the City's exclusive remedy. The City shall have all otherremedies available under this Contract, at law or in equity.
10.Termination. Jbis Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for servicesrendered until the effective date of termination.
11.Independent Contractor. At all times and for all purposes herein, the Vendor is anindependent contractor and not an employee of the City. No statement herein shall beconstrued so as to find the Vendor an employee of the City.
Standard Purchasing Contract 2017 06 0 I Page 2 of 5
.•
12.Subcontract or Assignment. Vendor shall not subcontract any part of the services to beprovided under this Contract; nor may Vendor assign this Contract, or any interest arisingherein, without the prior written consent of the City.
13.Services Not Provided For. No claim for services furnished by Vendor not specificallyprovided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14.Assignment Neither party shall assign this Contract, nor any interest arising herein,without the written consent of the other party.
15.Compliance with Laws and Regulations. In providing services hereunder, the Vendorshall abide by statutes, ordinances, rules, and regulations pertaining to the provisions ofservices to be provided. Any violation of statutes, ordinances, rules and regulationspertaining to the services to be provided shall constitute a material breach of this Contractand entitle the City to immediately terminate this Contract.
16.Conflicts. No salaried officer or employee of the City and no member of the Council of theCity shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17.Countemarts. This Contract may be executed in multiple counterparts, each of which shallbe considered an original.
18.Damages. In the event of a breach of this Contract by the City, Vendor shall not beentitled to recover punitive, special or consequential damages or damages for loss ofbusiness.
19.Employees. Vendor agrees not to hire any employee or former employee of City and Cityagrees not to hire any employee or former employee;: of Vendor prior to termination of thisContract and for one (1) year thereafter, without prior written consent of the formeremployer in each case.
20.Enforcement. The Vendor shall reimburse the City for all costs and expenses, includingwithout limitation, attorneys' fees paid or incurred by the City in connection with theenforcement by the City during the term of this Contract or thereafter of any of the rights orremedies of the City under this Contract.
21.Entire Contract, Construction, Application and Interpretation. This Contract is infurtherance of the City's public purpose mission and shall be construed, interpreted, andapplied pursuant to and in conformance with the City's public purpose mission. The entireagreement of the parties is contained herein. This Contract supersedes all oral agreementsand negotiations between the parties relating to the subject matter hereof as well as anyprevious agreements presently in effect between the parties relating to the subject matter
Standard Purchasing Contract 2017 06 0 I Page 3 of5
hereof. Any alterations, amendments, deletions, or waivers of the prov1s1ons of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
22.Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23.Non-Discrimination. During the performance of this Contract, the Vendor shall notdiscriminate against any employee or applicants for employment because of ra<.:e, color,creed, religion, national origin, sex, marital status, status with regard to public assistance,disability, sexual orientation or age. The Vendor shall post in places available toemployees and applicants for employment, notices setting forth the provision of this nondiscrimination clause and stating that all qualified applicants will receive consideration foremployment. The Vendor shall incorporate the foregoing requirements of this paragraph inall 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 Vendorfurther agrees to comply with all aspects of the Minnesota Human Rights Act, MinnesotaStatutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24.Notice. Any notice required or permitted to be given by a party upon the other is given inaccordance with this Contract if it is directed to either party by delivering it personally toan officer of the party, or if mailed in a sealed wrapper by United States registered orcertified mail, return receipt requested, postage prepaid, or if deposited cost paid with anationally recognized, reputable overnight courier, properly addressed to the address listedon page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt orthe date of mailing or deposit as aforesaid, provided, however, that if notice is given bymail or deposit, that the time for response to any notice by the other party shall commenceto run one business day after any such mailing or deposit. A party may change its addressfor the service of notice by giving written notice of such change to the other party, in anymanner above specified, 10 days prior to the effective date of such change.
25.Rights and Remedies. The duties and obligations imposed by this Contract and the rightsand remedies available thereunder shall be in addition to and not a limitation of any duties,obligations, rights and remedies otherwise imposed or available by law.
26.Services Not Provided For. No claim for services furnished by the Vendor notspecifically provided for herein shall be honored by the City.
27.Severability. The provisions of this Contract are severable. If any portion hereof is, forany reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28.Statutory Provisions.a.Audit Disclosure. The books, records, documents and accounting procedures andpractices of the Vendor or other parties relevant to this Contract are subject to examination
Standard Purchasing Contract 20 I 7 06 0 I Page 4 of 5
by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b.Data Practices. Any reports, infonnation, or data in any form given to, orprepared or assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without theCity's prior written approval. This Contract is subject to the Minnesota Govenunent DataPractice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, asdefined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of thefunctions of the City during performance of this Contract is subject to the requirements ofthe Data Practice Act and Vendor shall comply with those requirements as if it were agovernment entity. All suhcontracts entered into by Vendor in relation to this Contractshall contain similar Data Practices Act compliance language.
29.Waiver. Any waiver by either party of a breach of any provisions of this Contract shall notaffect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
Its: ---'------"--�-------
Standard Purchasing Contract 2017 06 0 I Page 5 of5
A-Side UPS Replacement
City of Eden Prairie
January 25, 2024
Exhibit A
A-Side UPS Replacement
January 25, 2024
2NSystems 2448 Water St Victoria, MN 55386
www.2NSystems.com
City of Eden Prairie
8080 Mitchel Road
Eden Prairie, MN 55344
Dear James Goldenstein,
Listed in this document is the solution overview and pricing proposal, per your requirements.
Regards,
Jason Tannahill
Sales Executive
2NSystems, LLC
2448 Water Street, Victoria, MN 55386
Phone: 612.743.4592 | Email: Jason.Tannahill@2NSystems.com
www.2nsystems.com
2
A-Side UPS Replacement
January 25, 2024
2NSystems 2448 Water St Victoria, MN 55386
www.2NSystems.com
A-Side UPS Replacement
Scope Of Work Overview
2NSystems to provide and install (1) 10KVA UPS replacement, electrical materials, electrical permit and project management to
replace (1) end of life 20KVA UPS system with (1) 10KVA UPS systems at the 8080 Mitchel Road Eden Prairie location.
2NSystems will provide materials and services as follows:
UPS Systems: (1) 10KVA/9KW/ single-phase/ 208V/ 120V/ Network card/ (20-Minutes @ current 5.4KW)
• UPS Systems Materials:
◦ (1) AS3B0NCWGNNXBMK - UPS
◦ (1) External Maintenance Bypass Cabinet
◦ (3) Internal Battery Strings
• Services:
◦ Factory assembly
◦ OEM Start Up, After Hours (7x24)
◦ Warranty / response time (4-Hour)
◦ Electrical & Mechanical Contractor installation
◦ Design Engineering and Project Management
◦ Demo and Proper Disposal
• Requirements:
◦ (1) Required - 208V/ 100A/ 2P existing circuit for overcurrent protection for UPS system
◦ Note: this will require a scheduled outage for A-Side replacement
3
10987321564
F
E
D
C
B
A
F
E
D
C
B
A
10987321564
Title
Date
Scale
Page No.2248 WATER STREETVICTORIA, MINNESOTA 553868080 MITCHELL RDEDEN PRAIRIE, MN 55344EXISTING
LAYOUT
00.0
NOT TO SCALE
1/25/241/25/24EXISTING LAYOUTDS12345LOGOEXISTING
UPS
EXISTING
UPS
BATTERIES
UPS PANEL
2-POST2-POST
4-POST
SERVER
RACK
4-POST
SERVER
RACK
WORKSTATION AUDIO
CABINET
STORAGE
CABINET
EXISTING LAYOUT
4
10987321564
F
E
D
C
B
A
F
E
D
C
B
A
10987321564
Title
Date
Scale
Page No.2248 WATER STREETVICTORIA, MINNESOTA 553868080 MITCHELL RDEDEN PRAIRIE, MN 55344DEMO PLAN
D00.1
NOT TO SCALE
1/25/241/25/24DEMO PLANDS12345LOGOPROJECT DEMO NOTES:
DEMO PHASE - Items in outlined red:
- Demo & Proper disposal:
* UPS System & Batteries
DEMO
WORKSTATION AUDIO
CABINET
EXISTING
UPSBATTERIES
EXISTING
UPS
UPS PANELSTORAGE
CABINET
4-POST
SERVER
RACK
4-POST
SERVER
RACK
2-POST 2-POST
5
10987321564
F
E
D
C
B
A
F
E
D
C
B
A
10987321564
Title
Date
Scale
Page No.2248 WATER STREETVICTORIA, MINNESOTA 553868080 MITCHELL RDEDEN PRAIRIE, MN 55344MDF
CONCEPT
OPTION #1
00.1
NOT TO SCALE
1/25/241/25/24NEW MDF CONCEPT #1DS12345LOGOCONCEP
T
PHASE #1 - PRE-PROJECT:
- Permit process (by EC)
- Site Prep work
- Receive & inspect new UPS equipment
- Unpack & stage new material on-site for install
PHASE #2 - INSTALL: ** OUTAGE ** A-SIDE **
- MOP(s) TO BE USED FOR DISRUPTIVE POWER EVENT
- (EC) Power down existing UPS circuit
- (EC) Disconnect UPS
- (EC) Install new UPS and MBP
- (EC) Rework existing feeder to new bypass, 100A Breaker
- (EC) Final Load-side connection to A-Side UPS system
- Startup A-Side UPS system complete (OEM)
- POWER ON all components
- Final network connectivity for new UPS system
PHASE #3 - FINAL DEMO & POST-INSTALL:
- Label all critical systems components and circuits
- DEMO & properly dispose of all existing UPS system materials complete
- DEMO & properly dispose of unused electrical circuits & materials
- Permit sign-off (by EC)
- Closeout documentation
CONCEPTUAL UPS INSTALL - PHASED APPROACH:
WORKSTATION AUDIO
CABINET
MAINT.
BYPASS
NEW
UPS
UPS PANELSTORAGE
CABINET
4-POST
SERVER
RACK
4-POST
SERVER
RACK
2-POST 2-POST
6
A-Side UPS Replacement
January 25, 2024
2NSystems 2448 Water St Victoria, MN 55386
www.2NSystems.com
Engineering Services
2NSystems to provide standard-hours engineering labor.
• Establishing project parameters based on:
◦ Criticality of the solution
◦ Required capacity
◦ Future growth projections
◦ Energy efficiency goals
◦ Budget
• Creating a design based on parameters
• Incorporate user preferences and constraints
• Ensure conformance to standards and requirements
• Creating statements of work, bill of materials, floor plans, one-line diagrams, installation instructions, as built
documentation
• Overseeing installation and implementation of the solution
• 2NSystems MOP creation for planned outage
Project Management Services
2NSystems to provide standard-hours project management labor.
• Oversight to address project-critical activities:
◦ Scheduling
◦ Determining resources both internal and external vendors
◦ Identifying scope of responsibilities
◦ Ensuring continuity (handoffs)
◦ Managing budget
• Documenting and communicating
◦ Scope changes
◦ Risks/Issues
◦ Status reporting
Assumptions
• Loading dock, receiving area or parking lot is available to receive all materials
• Route to IT room is free from obstructions
• Staging area exists outside of the technologies area by or outside if weather permits
• Phase #1 - Rough-in - Standard working hours (Monday to Friday 7:00am - 3:30pm)
• Phase #2 - Planned Outage, Final Connectivity, OEM startup, Cutover (Monday to Friday 7:00am - 3:30pm)
• Phase #3 - Demo & Signoff - Standard working hours (Monday to Friday 7:00am - 3:30pm)
• No work will be performed on energized equipment / devices outside of troubleshooting activities as permitted by
OSHA. Planned outages will be necessary to complete this scope of work.
• Project pricing valid for 30-days
Pricing For City Of Eden Prairie
Name Price QTY Subtotal
Base - Materials and Installation $23,693.91 1 $23,693.91
External Maintenace Bypass $3,663.90 1 $3,663.90
Total (Excludes Tax & Freight)$27,357.81
7
A-Side UPS Replacement
January 25, 2024
2NSystems 2448 Water St Victoria, MN 55386
www.2NSystems.com
TERMS AND CONDITIONS
These Terms and Conditions of sale (“T & C”) are applicable to the Sales Quote submitted by 2NSystems (“2NSystems”) to and accepted by Customer (sometimes referred to separately as a “party” or collectively as “parties”):1. DEFINITIONS. As used in this document, the following terms shall have the following meanings: 1. “Acceptance” shall mean Customer’s signed acceptance of a Sales Quote and these T & C, and the agreement of Customer to be bound thereby, and to purchase from and pay 2NSystems for all Products and Services at the cost, including, if applicable, any tax and delivery costs, stated in the Sales Quote. In lieu of signing a Sales Quote, Customer will be deemed to have accepted a Sales Quote and these T & C if Customer provides 2NSystems a purchase order based on such Sales Quote and Customer agrees that the terms of the Sales Quote and these T & C shall take precedence over such purchase order as described in Section 2 herein.2. “Customer” shall mean the buyer which has agreed to purchase from and pay 2NSystems for all Products (including, if applicable, taxes and delivery costs) and/or Services referenced in the Sales Quote. 3. “Data Center” shall mean a repository that houses computing facilities that may include, without limitation, powering, cooling, protecting, monitoring and/or managing the physical infrastructure. 4. “Data Center Design” shall mean the plans and specifications for a Data Center that may include, without limitation, determining the location, engineering, architecture, material and Products selection.5. “Products” shall mean any products related or integral to or used in a Data Center including, without limitation, containment and cooling systems, Data Center infrastructure management tools, generators, power supply, distribution and monitoring systems, server racks, switchgear, and backup and recovery systems, and any other equipment and supplies offered for sale from time-to-time by 2NSystems, and referenced in a Sales Quote. 6. “Sales Quote” shall mean the written proposal submitted by 2NSystems to Customer setting forth the Products and Services, including quantities and prices, 2NSystems shall sell to Customer, and, if applicable, the taxes and delivery costs. 7. “Services” shall mean repair and other services offered for sale from time-to-time by 2NSystems and referenced in a Sales Quote.8. “Third Party Products” shall mean any product purchased by Customer from a source other than through 2NSystems.2. DATA CENTER DESIGN. Customer acknowledges and agrees that 2NSystems is not an engineering firm. Customer is responsible for and shall approve all engineering and other aspects of the Data Center Design, even if 2NSystems has any input whatsoever, or participated in anyway, in such design. 2NSystems shall not be responsible for ensuring any such Data Center Design is acceptable to Customer or meets Customer’s Data Center needs. Customer takes full responsibility for ensuring that any Data Center Design fulfills Customer’s needs and expectations, is proper for the purpose for which the Data Center is designed, complies with all laws, ordinances, codes, regulations and other legal requirements, and will adequately and appropriately house and power any Products purchased by Customer under the Sales Quote.3. SCOPE OF T & C. Customer’s Acceptance of the Sales Quote is expressly limited to the Sales Quote and these T & C. These T & C are in addition to, and not a replacement of, the Sales Quote. Subsequent to Acceptance of a Sales Quote by Customer, 2NSystems will provide to Customer the Products and/or Services specified in the Sales Quote, subject to these T & C. Any contrary provision, term or condition, other than those stated in the Sales Quote and these T & C, including, but not limited to, in any purchase order, acknowledgement or other document submitted by Customer to 2NSystems, or any course of dealing or course of performance between the parties or by either, or any trade practices, and all of the aforesaid, except for the accepted Sales Quote and these T & C, are hereby rejected by 2NSystems, and of no force and effect. Unless expressly stated in a Sales Quote prior to Acceptance, 2NSystems shall have no obligation to provide maintenance, support, training or related ancillary services for or related to the Products, Third Party Products, and Services provided to Customer.4. PRICE AND PAYMENT TERMS. All prices are stated in USD. The Products and Services, including quantity and price, shall be set forth in the Sales Quote. Unless otherwise expressly stated in the Sales Quote, all prices exclude shipping and taxes. Payment terms are net thirty (30) calendar days from the date of the invoice. Returned checks will be subject to a $25.00 charge. Payments not made within thirty (30) days will be assessed interest at one and ½ percent (1.5%) per month on the late balance until paid in full. Accounts past due more than thirty (30) days may result in future Sales Quotes for Products and Services being placed on credit hold until all balances due have been paid in full. 2NSystems reserves the right to charge a 3.25% credit card processing fee for those customers paying invoices using a credit card.5. DELIVERY AND RISK OF LOSS; TITLE; RETURNS. The Sales Quote shall describe delivery terms. The risk of loss to Products shall pass to Customer at such time as Products leave 2NSystems’s facility or the facility of any manufacturer or distributor who ships directly to Customer. Title to Products shall pass to Customer only upon payment in full by Customer. Except as referenced in Section 6 herein, Products may not be returned to 2NSystems without 2NSystems’s prior consent. 2NSystems, at its discretion, may charge a restocking fee for Products it allows to be returned.6. CUSTOMER REMEDIES. CUSTOMER’S EXCLUSIVE REMEDY FOR A DEFECTIVE PRODUCT, IF PROPERLY RETURNED TO 2NSYSTEMS, OR FOR A FAILURE BY 2NSYSTEMS TO PROVIDE ANY SERVICE, SHALL BE THAT 2NSYSTEMS SHALL, AT ITS OPTION, EITHER REPAIR OR REPLACE THE DEFECTIVE PRODUCT, RE-PERFORM THE SERVICE, OR REFUND THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE.7. DISCLAIMER OF WARRANTIES. 2NSYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTOR SERVICE PURCHASED BY CUSTOMER INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NONINFRINGMENT, MERCHANTABLITYOR FITNESS FOR A PARTICULAR PURPOSE. 2NSYSTEMS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE PERFORMANCE OR QUALITYOF ANY PRODUCT OR SERVICE PURCHASED BY CUSTOMER UNDER A SALES QUOTE. THE DECISION TO ACQUIRE ANY THIRD PARTYPRODUCT IS CUSTOMER’S, EVEN IF 2NSYSTEMS ASSISTS CUSTOMER IN IDENTIFYING, EVALUATING OR SELECTING, ORRECOMMENDS TO CUSTOMER THAT IT PURCHASE, A THIRD PARTY PRODUCT. 2NSYSTEMS IS NOT RESPONSIBLE FOR, ANDEXPRESSLY DISCLAIMS LIABILITY FOR, THE PERFORMANCE OR QUALITY OF ANY THIRD PARTY PRODUCT OR THE ABILITY OF ANYTHIRD PARTY PRODUCT TO INTEGRATE PROPERLY OR EFFECTIVELY WITH ANY PRODUCT PROVIDED BY 2NSYSTEMS OR OTHERS.8. LIMITATION OF LIABILITY. IN NO EVENT SHALL 2NSYSTEMS BE LIABLE TO CUSTOMER FOR INCIDENTAL, SPECIAL,INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON LOSS OF USE,LOST PROFIT OR REVENUE, LOST GOODWILL, WORK STOPPAGE, BUSINESS INTERUPTION, IMPAIRMENT OF OTHER PRODUCTS,LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION, COST OF PURCHASE OFREPLACEMENT PRODUCTS OR SERVICES, OR CLAIMS OF CUSTOMER OR CUSTOMERS OF CUSTOMER FOR SERVICE INTERRUPTION,EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES; AND 2NSYSTEMS’S TOTAL LIABILITY FOR DAMAGESUNDER A SALES QUOTE SHALL BE LIMITED TO THE PRODUCT AND SERVICE COSTS STATED ON THE SALES QUOTE. CUSTOMERSHALL HAVE NO RIGHT TO MAKE ANY CLAIM AGAINST 2NSYSTEMS IN CONNECTION WITH THE PERFORMANCE OF ANY THIRD PARTYPRODUCT, IT BEING ACKNOWLEDGED BY CUSTOMER THAT CUSTOMER’S SOLE REMEDY FOR SUCH WILL BE AGAINST THEMANUFACTURER OF SUCH THIRD PARTY PRODUCT.9. FORCE MAJEURE. 2NSystems shall not be liable for any failure to perform or delay in performance of its obligations under the Sales Quote or these T & C to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond 2NSystems’s commercially reasonable control.10. MISCELLANEOUS. 1. Notices. Any notice sent pursuant to the Sales Quote or these T & C shall be in writing and sent by certified mail, proper postage prepaid, return receipt requested, or by properly paid overnight mail, to the addresses on the Sales Quote, or to such address as either party may in the future designate in writing. Notices sent by certified mail shall be effective two (2) business days after being placed in the United States mail, and if sent by recognized overnight carrier, upon delivery.2. Severability. If and to the extent any provision of a Sales Quote or these T & C is held invalid or unenforceable at law, such provision will be deemed stricken from the Sales Quote or these T & C and the remainder of the Sales Quote or these T & C will continue in effect and be valid and enforceable to the fullest extent permitted by law.3. Attorneys’ Fees. 2NSystems shall be entitled to recover from Customer 2NSystems’s reasonable costs incurred, including costs of litigation and attorneys’ fees, for any suit, action or proceeding arising out of or related to Customer’s purchase of Products or Services, the collection of any sums past due from Customer to 2NSystems, the Sales Quote or these T & C.4. Non-Waiver. Failure by 2NSystems to demand compliance or performance of any term or condition of any Sales Quote or these T & C shall not constitute a waiver of 2NSystems’s rights hereunder these T & C or a Sales Quote.5. Binding Effect. The Sales Quote and these T & C shall be binding upon and inure to the benefit of the parties, and their respective successors and lawful assigns.6. Governing Law and Venue. The Sales Quote and these T & C shall be governed by the laws of the State of Illinois, without reference to conflicts of law principles. Any law suit, action or proceeding arising out of or relating to the Sales Quote or these T & C shall be brought in a federal or state court located in DuPage County, Illinois, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.7. No Assignment. Customer may not assign its rights, interests or obligations under the Sales Quote or these T & C without the express written consent of 2NSystems.8. Merger and Entire Agreement. The Sales Quote and these T & C sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior agreements or understandings of the parties, as it pertains to this Sales Quote, whether written or oral.9. Amendments. The Sales Quote or these T & C may not be amended, supplemented, changed, or modified, except by in writing signed by the parties.10. Signatures. Facsimile signatures shall be deemed and accepted as originals. In the event of execution in one or more counterparts, each shall be deemed an original, and all of them together will constitute one and the same instrument.
Thank you for your business!
8
590-2014-501A/SL-04630_8-18 1
LIMITED WARRANTY FOR APS
Warrantor
Vertiv Corporation (referred to herein as “Vertiv”) offers the following Two-Year Limited Warranty Against Defects in Material and Workmanship (“Warranty”) for applicable Product.
Products Covered
• Liebert APS
Terms of Limited Warranty
As provided herein, Vertiv warrants that during the Warranty Period (as defined below) the Product:
• is free of defects in material and workmanship; and
• conforms to the descriptions contained in any applicable certified drawings for such Product, to Vertiv’s
final invoices, and to applicable Vertiv Product brochures and manuals current as of the date of Product
shipment (“Descriptions”)
Warranty Period
A period of two (2) years from date of product shipment, which period shall expire no later than twenty-seven
(27) months from the Product shipment date. Product shipment date is determined only from the bill of lading.
If any part or portion of the Vertiv Product fails to conform to the Warranty within the Warranty Period, Vertiv, at
its option, will furnish new or factory remanufactured Products for repair or replacement of that failed portion or part. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND OR
RESTART THE ORIGINAL WARRANTY PERIOD. Vertiv does not control the use of any Product and, accordingly,
materials classified as “Descriptions” are NOT WARRANTIES OF PERFORMANCE and NOT WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE.
Who is Covered
This Warranty extends to the original end-user (the “User”) and only within the fifty states of the USA and Canada.
This Warranty is not transferable or assignable without the prior written permission of Vertiv. This Warranty is
given ONLY to purchasers who buy for commercial or industrial use in the ordinary course of business. Vertiv
assigns to User any warranties which are made by manufacturers and suppliers of components of, or accessories
to, the Vertiv Product and which are assignable, but Vertiv makes NO REPRESENTATIONS as to the effectiveness
or extent of such warranties, assumes NO RESPONSIBILITY for any matters which may be warranted by such
manufacturers or suppliers and extends no coverage under this Warranty to such components or accessories.
Warranty Claims Procedure and Services
Within thirty (30) days after User’s discovery of a defect, User must contact Vertiv at (800) 222-5877 and
provide all material information relating to such alleged defect.
In the event the Vertiv Startup Service is purchased, and subject to the other limitations specified herein, a Vertiv
field service representative will repair the non-conforming Vertiv Product warranted hereunder, without charge
for material or labor. Warranty coverage will be extended only after Vertiv’s inspection confirms the claimed
defect and shows no signs of treatment or use voiding the coverage of this Warranty. All defective Products and component parts replaced under this Warranty become the property of Vertiv. Vertiv may utilize third parties in
the performance of Warranty work, including repair or replacement hereunder, where, in Vertiv’s opinion, such
work can be performed in less time, with less expense, or in closer proximity to the Vertiv Product.
In the event the Vertiv Startup Service is not purchased, and subject to the other limitations herein, Vertiv, in its
sole discretion, shall either repair or replace defective Products as follows: A Vertiv field service representative shall
provide labor at no cost for the first ninety (90) days of the Warranty Period. For the remainder of the Warranty
Period, for Products to be repaired, Vertiv will issue a RETURN MATERIALS AUTHORIZATION (“RMA”) number.
The RMA number must appear on the packing slip, proof of purchase, AND ON THE OUTSIDE OF EACH SHIPPING
CARTON for any authorized returned Product. Vertiv will designate a shipping address (“Ship To Address”) that
9
2 590-2014-501A/SL-04630_8-18
must be used for each authorized returned Product. Vertiv shall pay all freight charges to the designated Ship
To Address for each authorized returned Product. Unauthorized returns or collect shipments will be refused.
Items Not Covered
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong
or inadequate electrical current or connection, negligence, inappropriate on site operating conditions, repair by
non-Vertiv designated personnel, accident in transit, tampering, alterations, a change in location or operating use,
exposure to the elements, Acts of God, theft or installation contrary to Vertiv’s recommendations or specifications,
or in any event if the Vertiv serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER unauthorized shipping costs, Product installation/removal costs, travel
costs, external circuit breaker resetting or maintenance or service items and further, except as may be provided
herein, does NOT include labor costs or transportation, arising from the replacement of the Vertiv Product or
any part thereof or charges to remove or reinstall same at any premises of User, nor for site inspections that
determine no corrective action was required nor any other services not expressly provided for by the terms of
the Warranty. Consumables, including but not limited to air filters, are not covered by this Warranty.
THIS WARRANTY IS VOID UPON THE FOLLOWING: (1) the Product having been stored in an unsuitable
environment after Product shipment, and/or (2) if the Product contains an internal battery, User allows such
battery to discharge below the minimum battery voltage cutoff point or if the User does not start recharging a
discharged, or partially discharged, battery within forty-eight (48) hours of the discharge period. No salesperson,
employee or agent of Vertiv is authorized to add to or vary the terms of this Warranty. Vertiv retains the right
to cancel the Warranty, subject to reinstatement at Vertiv’s sole discretion, for late- or non-payment of the
Product purchase price and any other amounts due. Warranty terms may only be modified, if at all, if in writing
and signed by a Vertiv officer.
Other Limitations
THIS LIMITED WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER’S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE VERTIV PRODUCT AS SET FORTH HEREIN. IF USER’S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, VERTIV’S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL VERTIV ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE. THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN CONNECTION WITH ANY NUCLEAR, MEDICAL, LIFE-SUPPORT AND RELATED APPLICATIONS.
10
ESTIMATE
CircuitWorks 'Eaton/TrippLite Certified'
PO Box 44956
Eden Prairie, MN 55344
greg@circuitworks-ups.com
612-701-5267
circuitworks-ups.com
City of Eden Prairie
Bill to
City of Eden Prairie
8080 Mitchell Rd.
Eden Prarie, MN 55344
Ship to
City of Eden Prairie
8080 Mitchell Rd.
Eden Prarie, MN 55344
Estimate details
Estimate no.: 1963 revision 3
Estimate date: 01/15/2024
Expiration date: 07/13/2024
Representative: Greg Marsh
#Date Product or service SKU Qty Rate Amount
1.UPS Unit 1 $15,010.00 $15,010.00
9PXM UPS 8kVA N+1 redundant
(Based on Current loads on existing City Center UPS units combined is 4.7kVA).
9PXM12S12K Eaton 9PXM Series List price: $25,770.00.
Scalable Single Phase Online Rack/Tower UPS
Preconfigured System
12kVA/10.8kW 120/208/240V, 50/60Hz (upgradable to 20kVA).
HW in/out
6 min runtime @ full load
consists of:
(1) 12 Slot Cabinet
(3) 4kVA/3.6kW power modules
(6) Battery Modules (3 Strings)
(1) Network-M2 web/SNMP card
Dimensions: 36.5"H x 17.5"W x 34.5"D
Weight: 482 lbs
2.Battery module 10 $414.00 $4,140.00
9PXMBAT Eaton 9PXM Series List price: $721.00.
Battery Module (must be installed in pairs, two required per slot/string)
Raises runtime (backup) to approx. 60 min @ present 4.7 kVA load.
Weight: 22.5 lbs
3.Maintenance Bypass Panel 1 $1,682.00 $1,682.00
1 BPM125HW Eaton Bypass Power Module List price: $2,932.00
Wall Mount, Make Before Break Bypass Switch
Hardwired Input/Output
Dims: 5.1"H (3U) x 17.3"W x 25.6"D each
4.UPS Startup Service 1 $1,476.00 $1,476.00
Eaton Onsite 7x24 Startup Service. List price: 2074.00
After installation of the UPS unit, but prior to starting unit up,an Eaton factory tech arrives at a pre-scheduled startup day to
inspect all wiring, connections, and ensure proper installation . The tech will also make certain the unit is properly configured
to your application (with generator), install latest firmware upgrades, connect network card, and brief staff/answer questions
on operation of UPS unit.
5.Warranty Upgrade 1 $1,368.00 $1,368.00
Eaton Warranty Upgrade. List price: $1,921.00.
Onsite next day response.
The Warranty Upgrade raises the basic warranty of 90 days labor coverage, and 2 years parts to include labor coverage to
2 years, and offers optional annual renewal.
6.Automatic Transfer Switch (ATS)1 $0.00 $0.00
ATS (Auto Transfer Switch) Options.
(Note: upon determination, quote will be revised to specify).
Option 1: 120v
PDUMH20ATNET Tripp Lite Switched ATS PDU Horizontal Mount TAA
List price: $1,128.82, EP cost: $776.00.
Single Phase, 120V 1.9kW
Input: (2) L5-20P, (2)5-20P 12ft
Output: (16) 5-15/20R
Dims: 1.75""H x 17.5""W x 14.5""D
Option 2: 120v
PDUMH20AT Tripp Lite Metered ATS PDU Horizontal Mount TAA
List price: $754.42, EP cost: $519.00.
Single Phase, 120V 2.4kW
Input: (2) L5-20P, (2)5-20P 12ft
Output: (16) 5-15/20R
Dims: 1.75""H x 17.5""W x 14.5""D
Option 3 120v
1 UATS1-LV-Y515-515 Micro uATS Y Cord NEMA 5-15R
List cost: $412.56 EP cost: $385.00.
Option 4: 200-240v.
PDUMH15HVATNET Tripp Lite Switched ATS PDU Horizontal Mount
List price: $1,329.12, EP cost: $914.00.
Single Phase, 200-240V 2.4kW
Input: (2) C14, 12ft
Output: (10) C13
Dims: 1.71""H x 17.33""W x 14.45""D.
Option 5: 200-240v
PDUMH15HVAT Tripp Lite Metered ATS PDU Horizontal Mount
List price: $694.52, EP cost: $477.00.
Single Phase, 200-240V 2.4kW
Input: (2) C14, 12ft
Output: (10) C13
Dims: 1.71""H x 17.33""W x 14.45""D
7.Software 1 $0.00 $0.00
Software for management and monitoring.
If desired
(5) Eaton Brightlayer
Distributed IT Performance Management (DITPM) Essentials
Software.
P/N: BL-DITPM-ESS-PER
Perpetual License
List price: $45.00 x (5) = $225.00.
EP cost: $41.00 x (5) = $205.00.
(2) Eaton Brightlayer
Tech Support - DITPM Essentials
1Yr Subscription
List cost: $9.00 x (2) = $18.00.
EP cost: $8.00 X (2) = $16.00.
(4) Eaton Brightlayer $250.00 $212.50 $180.63 $722.50
Software Implementation Serv
P/N BL-SVC-DEPLOY-1H
List cost: $250 x (4) = $1000.00.
EP cost: $226.00 x (4) = $904.00.
(Note: if these items are desired, quote would be revised to include them).
8.Shipping 1 $350.00 $350.00
As all items ship locally, freight cost would be low.
Approx. $350.00.
Circuitworks does not mark up shipping cost, but passes cost directly to customer.
Note to customer
Quote 1963 revision 1 revises 02/2023 quote based on information
gained from 01/10/2024 site survey taking into account revisedrequirements arising in the past year.
Quote 1963 revision 2 corrects the 'ATS (Auto Transfer Switch)
options section.
Quote 1963 revision 3 adds (2) ATS 200-240v options and deletesPDU options listed in revs 1&2.
Total $24,026.00
Expiry
date 07/13/2024
To: James Goldenstein
Company: City of Eden Prairie
Email: jgoldstein@edenprairie.org
From: Scott Oswald
Company: Prairie Electric Company
Date: 1/31/24
Number of Pages: 1
Subject: City of Eden Prairie
James,
We are pleased to offer the following electrical quotation for your consideration and review.
-Electrical permit
-Disconnect existing UPS & set on dock for disposal by others
-Receive and install new 10KVA single phase UPS
-Support OEM for startup of new UPS
Total: $5,505.00
If you have any questions regarding this quotation please don’t hesitate to
call.
Sincerely,
Scott Oswald Project Manager
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award the Contract for the Purchase and Installation of Playground Equipment to PlayPower LT Farmington, Inc.
ITEM NO.:
VIII.H
Motion
Move to: Approve the Standard Agreement for Contract Services with PlayPower LT Farmington, Inc. for the purchase and installation of playground equipment at High Trail Estates Park at a cost not to exceed $63,472.00. Synopsis
The City of Eden Prairie requested proposals and received submittals from five playground vendors for new playground designs and equipment at High Trail Estates Park. Staff and the Parks Commission unanimously agreed that the proposal presenting the highest play value was submitted by Northland Recreation. Using feedback from the Parks Commission and Park Staff
we suggested a change to the original proposal to remove two spinners and replace those with an independent play structure that would provide higher play value as well as a quiet space for children to rest. While EP Parks and Northland were unable to identify a suitable feature supplied by little tikes, we agreed to leave the space open for a future addition. This future addition will be purchased and installed by EP Parks Staff at a later date. The decision was made to ensure the
City maintains our standard of conditions for play areas. Funding for the play equipment replacement work will come from the Capital Improvement Program. Background
Play equipment is on a replacement schedule based on our annual safety audits. Equipment is identified as needing replacement based on its age and safety audit point priority ranking. Play equipment has a normal life expectancy of 15 years and the existing equipment is 20 years old at High Trail Estates Park, outliving its normal expectancy. Recommendation The proposal from PlayPower LT Farmington, Inc. is in line with our estimate and staff recommends approval of this Contract. Attachment Standard Agreement for Contracted Services Exhibit A
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 20th day of February, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and PlayPower LT, a Minnesota business (hereinafter "Contractor") whose business address is 878 E US Hwy 60 Monet, MO 65708.
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 supply and installation of the play equipment at High Trail Estates Park 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
February 20th, 2024. The project completion must be completed by September 1, 2024, ready
for owner inspection. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Removal of existing playground equipment in each play container.
c. Removal of EWF in each play container.
d. Grading and leveling of soil substrate, installation of drain field and installation of landscape fabric in each play container. e. Installation of EWF in each play container.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $63,472.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
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
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party
notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________ City Manager
CONTRACTOR By: ________________________________
Its: _______________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION:
Approve Contract for Goods and Services with Tree Trust for facilitating the Arbor Day Tree Sale
ITEM NO.:
VIII.I
Motion Move to: Authorize Entering into a Contract for Goods and Services with Tree Trust for facilitating the Arbor Day Tree Sale at an amount not to exceed $44,129.99.
Synopsis
The City has been using Tree Trust to facilitate our annual Arbor Day Tree Sale for the last four years. Each year, Tree Trust has been able to coordinate the purchase and sale of trees for this extremely popular event to Eden Prairie residents. The event has been so popular, staff are now proposing to increase the number of trees available for purchase from 200 to 400 trees. Providing
residents with options made up of mostly native climate-ready trees with a few options of
ornamental/cultivar and fruit trees. The goal is to provide residents with a diversity of species to aid in creating a more disease resistant urban forest. Attachment
Contract for Goods and Services – Tree Trust
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 7 day of Febuary, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Tree Trust, a Minnesota organization (hereinafter "Vendor") whose business
address is 1419 Energy Park Drive St. Paul, MN 55108.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or
services by Vendor for a 2024 Tree Sale hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform, and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by December 1, 2024.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $44,125.99 with
total payments not to exceed $44.125.99 as full and complete payment for the goods, labor,
materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated Megan Christel to perform the Work. They shall be
assisted by other staff members as necessary to facilitate the completion of the Work in
accordance with the terms established herein. Vendor may not remove or replace the
designated staff without the approval of the City.
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
2024 Tree Sale Contract Page 2 of 7
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance
of Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees
and hold them harmless from and against all judgments, claims, damages, costs and
expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for
which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Vendor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Vendor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination
under this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
2024 Tree Sale Contract Page 3 of 7
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall
abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of
this Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights
or remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
2024 Tree Sale Contract Page 4 of 7
provisions of this Contract shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for
such work to incorporate such requirements in all subcontracts for program work. The
Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act,
Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change
its address for the service of notice by giving written notice of such change to the other
party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not specifically
provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to
2024 Tree Sale Contract Page 5 of 7
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be
kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Vendor in performing
any of the functions of the City during performance of this Contract is subject to the
requirements of the Data Practice Act and Vendor shall comply with those requirements
as if it were a government entity. All subcontracts entered into by Vendor in relation to
this Contract shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Director of Parks & Recreation: Amy Markle
___________________________________
Date
VENDOR
By: ________________________________
Its: _______________________________
Date: _______________________________
2024 Tree Sale Contract Page 6 of 7
Exhibit A
2024 Tree Sale Specifications:
1. Grading Standards: Grading standards shall conform to the American Nursery and
Landscape Association as published in “American Standard for Nursery Stock” (ANSI
Z60.1-2014). No substitution of grade of tree shall be permitted without written
permission form the City.
2. Certificates and Documents: The Vendor shall meet and comply with all federal, state,
and local regulations and requirements involving the nursery stock provided to the City.
This includes obtaining inspection certificates, quarantine compliance documents, and
any special inspections that may be required. The Vendor shall be appropriately certified
or licensed in the State of Minnesota.
3. Tree Quality: Trees must meet the quality and condition standards set for in the
“American Standard for Nursery Stock” (ANSI Z60.1-2014).
4. The Vendor is to purchase trees in #7 or #10 containers for a total of 400 trees for Spring
Arbor Day Sale.
5. All species and any change in variety must be pre-approved by the City.
6. Upon the completion of all work, email, mail, or deliver invoices to:
Karli Wittner
Attn: Forestry Division
City of Eden Prairie Parks and Natural Resources
15150 Technology Dr., Eden Prairie, MN 55344
-Or-
kwittner@edenprairie.org
2024 Tree Sale Contract Page 7 of 7
7. The Vendor is responsible for all items listed below in the 2024 Tree Sale Budget:
2024 Tree Sale Budget
Revenue
Tree Revenue @ $45 per tree (400 Trees) $18,000.00
Expense
Materials
Tree Cost (400 Trees), Mulch, & Delivery $57,772.00
Staff Time
Project Management $3,036.72
Day of Facilitation $1,317.27
Contracting
Shopify Fees (2.9% + $0.30/transaction)
Total City Cost $44,125.99
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION:
Approve Contract Services Agreement with SMSC ORF for 2024 Moss Site Wood Grinding
ITEM NO.:
VIII.J
Motion Move to: Authorize Entering into an Agreement for Contracted Services with Shakopee Mdewakanton Sioux Community (SMSC)’s Organics Recycling Facility (ORF) for grinding and removing woody debris from the MOSS Yard and Wood Waste Site at the cost of $4.50 per cubic yard.
Synopsis SMSC has been graciously providing tub grinding and removal of woody debris at no cost to the City for close to 10 years. The influx in wood waste within the Twin Cities metro area from EAB infested ash trees has saturated the market. SMSC’s Organics Recycling Facility approached
Parks and Natural Resource Staff about requiring charging for services. City Staff then reached out to four vendors and received two bid responses. The woody debris is primarily from disease tree removals within the City, including residential and City tree work. In recent years, on average the City has 5,752 cubic yards of wood waste, with expectations of this number increasing in the coming years due to peak EAB infestation. Of the two bids that were received,
SMSC’s was the lower cost to the City. Attachment Contract Services – SMSC Organics Recycling Facility
OFFICIAL BID FORM
*Site maps can be found in Exhibit B*
The City of Eden Prairie will have Yard Waste Site Grinding at the Eden Prairie Yard Waste Site, 9811
Flying Cloud Drive with an average of 5,752 cubic yards of wood waste per year. This contract weight
and volume are to be measured after grinding or chipping.
City Wood Waste Site Grinding
FEMA Standard Conversion Rate of 4 Cubic yards= 1 ton
Item Price Per Cubic Yard Price Per Ton
Grinding & Hauling Tree Debris $ $
Hauling City Wood Chip Pile $ $
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 Phone
Company Email: #·:
*Need to sign on next page and return entire document to complete bid*
Page 11 of 13
L
4.50
4.50
SMSC Organics Recycling
Facility
Dustin.Montey@shakopee
dakota.org
Dustin Montey
952-233-9191
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
February 20, 2024
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 306780 – 307169
Wire Transfers 1035364 - 1035453
Wire Transfers 10177 – 10222
City of Eden Prairie
Council Check Summary
2/20/2024
Division Amount Division Amount
100 City Manager 58,220 601 Prairie Village Liquor 82,210
101 Legislative 20,348 602 Den Road Liquor 169,461
110 City Clerk 104 603 Prairie View Liquor 99,412
111 Customer Service 5,665 605 Den Road Building 1,535
113 Communications 10,480 701 Water Enterprise Fund 738,262
114 Benefits & Training 4,223 702 Wastewater Enterprise Fund 398,160
131 Finance 615 703 Stormwater Enterprise Fund 35,104
132 Housing and Community Services 750 Total Enterprise Fund 1,524,144
151 Park Maintenance 21,258
154 Community Center 13,817 802 494 Commuter Services 28,497
156 Youth Programs 1,909 806 SAC Agency Fund 4,970
157 Special Events 2,500 807 Benefits Fund 993,689
158 Senior Center 747 809 Investment Fund 1,710
159 Recreation Administration 3,474 810 Workers Comp Insurance 400,227
162 Arts 660 811 Property Insurance 175,585
163 Outdoor Center 146 812 Fleet Internal Service 119,776
180 Police Sworn 44,107 813 IT Internal Service 124,152
184 Fire 25,972 814 Facilities Capital ISF 159,938
186 Inspections 4,702 815 Facilites Operating ISF 10,793
200 Engineering 4,037 816 Facilites City Center ISF 27,072
201 Street Maintenance 12,338 817 Facilites Comm. Center ISF 55,031
202 Street Lighting 83,351 818 Dental Insurance 18,245
Total General Fund 319,422 Total Internal Svc/Agency Funds 2,119,684
301 CDBG 7,286 Report Total 5,364,054
Total Special Revenue Fund 7,286
435 2008B G.O. Improvement Bonds 121,947
446 2014A G.O. TAX ABATEMENT BONDS 1,011,850
448 2016A GO BONDS - WEST 70TH ST.117,327
Total Debt Service Fund 1,251,123
309 DWI Forfeiture 3,948
315 Economic Development 1,453
502 Park Development 2,485
509 CIP Fund 76,310
522 Improvement Projects 2006 475
526 Transportation Fund 28,964
539 2020 Improvement Projects 27,700
542 Willow Creek Street/Utilities 1,056
804 100 Year History 3
Total Capital Projects Fund 142,394
City of Eden PrairieCouncil Check Register by GL2/20/2024Check # Amount Supplier / Explanation Account Description Business Unit Comments10199 1,793,158 U S BANK Principal Water Capital Debt Payment307113 577,256 LEAGUE MN CITIES INS TRUST WC Insurance Property/Workers Comp Insurance Work comp/Property/Casualty Premiums 307121 383,901 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee March 202410200 350,001 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Feb 2024 Premiums10196 304,230 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 01.26.2410194 224,024 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA Pr Ending 01.12.24306855 159,938 FRANK J ZAMBONI & CO INC Other Contracted Services Facilities Capital New Zamboni - Ice resurfacer1035417 100,450 XCEL ENERGY Electric Various Funds Multi-premise electric306878 72,429 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Taxes, Fees Utility Operations - General1035413 69,996 STREICHERS Clothing & Uniforms Police Sworn306909 64,125 VIGILANT SOLUTIONS LLC Prepaid Expenses General Fund306805 35,889 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store10198 35,409 EMPOWER Deferred Compensation Health and Benefits307123 34,692 MGX EQUIPMENT SERVICES LLC Autos Fleet - Public Works1035397 28,729 ESRI Software Maintenance IT Operating307150 28,188 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital307139 27,700 ONE NECK DATA CENTER HOLDINGS LLC Right of Way & Easement 2020 Improvement Projects1035444 27,021 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds307102 26,514 FLEETIO Software Maintenance IT Operating306903 25,540 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund1035441 22,672 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating307087 22,475 BOLTON & MENK INC Design & Engineering Water Capital307078 22,071 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM306823 21,687 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store306869 19,994 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating307136 19,100 NOW MICRO INC Computers IT Operating10197 18,966 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits10203 18,065 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Funds306786 18,050 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store10206 17,181 WEX HSA - Employee Health and Benefits306985 16,234 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store10222 16,134 PAYCHEX Wages and Benefits 494 Corridor Commission307164 16,000 VIGILANT SOLUTIONS LLC Prepaid Expenses Police Sworn307091 14,733 CIVICPLUS LLC Software Maintenance IT Operating306856 14,631 GRAYMONT Treatment Chemicals Water Treatment1035381 14,271 INNOVATIVE OFFICE SOLUTIONS Cleaning Supplies City Center - CAM1035390 13,980 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital10211 13,810 CARD CONNECT Bank and Service Charges Community Center Admin306799 13,698 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store306895 12,509 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council1035416 12,500 WALL TRENDS INC Contract Svcs - General Bldg Various Funds307002 12,421 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store307116 12,414 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating306840 11,035 BLOOMINGTON, CITY OF Software Maintenance IT Operating307085 10,868 BADGER METER Telephone Water Metering307128 10,635 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits306894 10,255 SITEIMPROVE, INC Dues & Subscriptions Communications
Check #Amount Supplier / Explanation Account Description Business Unit30712810,635 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
306894 10,255 SITEIMPROVE, INC Dues & Subscriptions Communications
1035401 9,926 HANSEN THORP PELLINEN OLSON Design & Engineering Improvement Projects 2006
10205 9,772 HEALTHPARTNERS Dental Insurance Dental Insurance
306993 9,673 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1035377 9,548 CLAREY'S SAFETY EQUIPMENT Small Tools Fire
306817 9,066 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
307118 8,908 MARCO INC Telephone IT Operating
306864 8,878 K-TECH SPECIALTY COATINGS, INC Salt Snow & Ice Control
10210 8,476 CHASE Bank and Service Charges Wastewater Accounting
307005 8,385 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
306914 8,121 PROP Deposits Den Road Liquor Store
10201 7,750 BPAS HRA Health and Benefits
306812 7,676 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1035409 7,654 PRAIRIE ELECTRIC COMPANY Other Contracted Services General Community Center
307161 7,563 VAISALA Software Maintenance IT Operating
307105 7,407 GRAYMONT Treatment Chemicals Water Treatment
306828 7,222 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
307115 7,125 LUBE TECH RELIABLE PLUS INC Lubricants & Additives Fleet Operating
306928 6,814 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
306800 6,813 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
307013 6,766 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
306918 6,575 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
10185 6,539 HEALTHPARTNERS Dental Insurance Dental Insurance
306880 6,171 NATIONAL LEAGUE OF CITIES Dues & Subscriptions City Council
306994 6,118 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1035414 5,768 UNIQUE PAVING MATERIALS Asphalt Overlay Water Distribution
307104 5,645 FORMS & SURFACES INC Equipment Repair & Maint Street Lighting
307019 5,379 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1035449 5,286 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service
307122 4,920 METROPOLITAN COUNCIL Due to Other Funds SAC Agency Fund
306888 4,850 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
307101 4,775 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Various Funds
307112 4,724 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
307117 4,703 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
307108 4,695 HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Various Funds
10177 4,613 WEX FSA - Medical Health and Benefits
307088 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
306793 4,491 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
306995 4,473 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
306781 4,306 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
306819 4,261 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
306892 4,215 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1035406 4,105 METRO SALES INCORPORATED*Other Rentals IT Operating
306873 4,000 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
307119 3,948 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture
306935 3,811 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
306843 3,787 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services Sustainable Eden Prairie
306875 3,783 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services
307130 3,779 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
Check #Amount Supplier / Explanation Account Description Business Unit3067823,719 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
307162 3,718 VAN PAPER COMPANY Cleaning Supplies General Community Center
306991 3,669 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
306980 3,625 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
306860 3,500 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police Sworn
306818 3,465 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
306862 3,379 HYDRO-VAC INC Other Contracted Services Stormwater Non-Capital
1035411 3,338 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
306981 3,271 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
306896 3,250 SPEEDPRO IMAGING INC Contract Svcs - Ice Rink Ice Arena Maintenance
306891 3,209 SCOTT COUNTY Licenses, Taxes, Fees Fleet Operating
10215 3,132 INVOICE CLOUD INC Bank and Service Charges Various Funds
307109 3,110 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
1035378 3,055 CUSTOM HOSE TECH Equipment Parts Fleet Operating
307107 2,975 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn
307086 2,845 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
307084 2,841 ASPEN MILLS Clothing & Uniforms Fire
306930 2,804 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
307147 2,800 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
306796 2,774 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
306859 2,750 HENNEPIN HEALTHCARE Training Fire
306810 2,718 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
307006 2,707 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
306932 2,577 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
306912 2,500 GREAT LAKES DRONE COMPANY, LLC.Other Contracted Services July 4th Celebration
1035408 2,498 POMP'S TIRE SERVICE INC Tires Fleet Operating
306846 2,485 CITY OF EDEN PRAIRIE Improvements to Land Park Acquisition & Development
307083 2,439 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating
307017 2,384 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
307003 2,329 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
306885 2,307 PERA Wages and Benefits 494 Corridor Commission
306785 2,303 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
306938 2,231 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
306851 2,225 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & Subscriptions Prairie View Liquor Store
306854 2,200 FOUNDATION BUSINESS SYSTEMS, LLC Dues & Subscriptions Stormwater Non-Capital
306835 2,129 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost)
1035365 2,128 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1035369 2,112 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
306882 2,110 NOW MICRO INC Computers - Monitors IT Operating
1035439 2,109 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance
10209 2,098 WEX FSA - Medical Health and Benefits
306844 2,079 CENTURYLINK Telephone City Center - CAM
1035400 2,070 GRAINGER Cleaning Supplies City Center - CAM
307081 2,031 APPLE FORD SHAKOPEE Equipment Repair & Maint Fleet Operating
1035405 2,026 MENARDS Operating Supplies Snow & Ice Control
306816 2,006 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
307096 2,000 DAKOTA COUNTY CDA Other Contracted Services CDBG - Public Service
307022 1,989 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
307111 1,975 JONES & BARTLETT LEARNING LLC Training Fire
306886 1,860 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire
Check #Amount Supplier / Explanation Account Description Business Unit3070001,797 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1035382 1,784 METROPOLITAN FORD Equipment Parts Fleet Operating
1035373 1,780 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
10212 1,723 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting
306920 1,719 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
306907 1,710 US BANK Interest Investment Fund
306803 1,678 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1035394 1,658 CDW GOVERNMENT INC.Computer -Accessories IT Operating
306919 1,610 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
10191 1,574 WEX FSA - Medical Health and Benefits
10186 1,561 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
306997 1,536 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
306815 1,531 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
306808 1,529 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
10195 1,510 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
306780 1,504 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
306861 1,484 HIGHWAY 5 BP Operating Supplies Fleet Operating
307153 1,472 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
306783 1,429 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
307007 1,426 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
307016 1,416 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1035427 1,388 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1035371 1,385 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
306863 1,289 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
306904 1,280 U S BANK Paying Agent Water Capital
1035391 1,280 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
306867 1,268 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
306841 1,263 BOUND TREE MEDICAL LLC EMS Supplies Fire
1035418 1,245 ZIEGLER INC Equipment Parts Fleet Operating
306850 1,226 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
307079 1,191 ACTIVE 911 INC Dues & Subscriptions IT Operating
1035367 1,184 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
307120 1,145 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
1035423 1,133 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
307134 1,100 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Recreational Sports
1035392 1,086 BIFFS INC Waste Disposal Park Maintenance
306988 1,061 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
306884 1,029 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities
306804 971 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1035402 960 IDEAL SERVICE INC Equipment Repair & Maint Water Treatment
307097 959 DELEGARD TOOL CO Equipment Parts Fleet Operating
1035446 938 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
1035404 935 MCNEILUS STEEL INC Repair & Maint. Supplies Street Maintenance
306827 916 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
10184 910 WEX FSA - Medical Health and Benefits
307009 908 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
10183 903 WEX Other Contracted Services Health and Benefits
10202 901 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Various Funds
306852 881 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
306916 869 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit307015866MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
307011 862 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
10214 829 WEX FSA - Medical Health and Benefits
307149 823 SOLUTION BUILDERS Computers 494 Corridor Commission
306838 823 ASPEN MILLS Clothing & Uniforms Fire
306910 809 YOUTH ENRICHMENT LEAGUE Instructor Service Recreational Sports
306789 800 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
306836 799 APPLIANCE OUTLET CENTER Supplies - General Bldg Maintenance Facility
306901 762 THE ADVENT GROUP Temp 494 Corridor Commission
306871 750 MEALS ON WHEELS Other Contracted Services Housing and Community Service
1035388 747 XTREME INTEGRATION Capital Under $25,000 Police (City Cost)
1035422 739 VINOCOPIA Liquor Product Received Den Road Liquor Store
1035434 735 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
10213 724 WEX FSA - Medical Health and Benefits
1035375 722 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
307080 705 AIRGAS USA LLC Supplies - Pool Pool Maintenance
306887 697 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
307146 693 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing Maintenance Facility
307140 680 ONE STEP PRODUCTIONS Other Rentals Ice Show
306809 680 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1035447 678 MENARDS Repair & Maint. Supplies Utility Operations - General
306790 678 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
10208 676 WEX FSA - Medical Health and Benefits
1035403 664 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
306795 658 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
306822 651 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1035407 648 MULCAHY COMPANY INC Building Repair & Maint.Utility Operations - General
307154 648 THE ADVENT GROUP Temp 494 Corridor Commission
306978 644 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
307041 638 ESTATE OF LINDA MARIE JARNOW AR Utility Water Enterprise Fund
306830 623 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
10220 610 WEX FSA - Medical Health and Benefits
307158 605 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
1035445 600 IDENTISYS Hardware - R&M IT Operating
307039 598 ESTATE OF JANET L KARP AR Utility Water Enterprise Fund
306890 597 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire
307151 589 STAPLES ADVANTAGE Office Supplies Customer Service
307124 589 MINNEAPOLIS SAW COMPANY INC Safety Supplies Park Maintenance
306922 561 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
306939 556 WINEBOW Liquor Product Received Prairie Village Liquor Store
306834 555 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1035393 544 BOYER TRUCKS Equipment Parts Fleet Operating
1035395 532 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
1035370 530 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
306792 529 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1035399 525 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Utility Operations - General
306872 510 MEDICINE LAKE TOURS Special Event Fees Trips
306826 501 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store
306877 495 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds
306900 483 STEPP MANUFACTURING INC Equipment Repair & Maint Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit1035387483SUMMIT FIRE PROTECTION Contract Svcs - Fire/Life/Safe Dunn Brothers
306865 480 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Building 51
1035432 477 BERRY COFFEE COMPANY Merchandise for Resale Concessions
306925 471 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
10192 467 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
306983 450 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
306996 450 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
307012 446 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
306791 434 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
306839 434 AUTOWASH SYSTEMS INC Contract Svcs - General Bldg Maintenance Facility
306858 430 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
306898 428 STALKER RADAR Equipment Repair & Maint Police Sworn
10179 426 WEX FSA - Medical Health and Benefits
306837 412 ARAMARK Janitor Service Prairie View Liquor Store
1035366 412 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1035451 408 ULINE Office Supplies Police Sworn
307135 407 NELSON SCOTT AR Utility Water Enterprise Fund
307099 406 DIAMOND MOWERS INC Repair & Maint. Supplies Park Maintenance
1035435 406 METROPOLITAN FORD Equipment Parts Fleet Operating
306831 406 WINEBOW Liquor Product Received Prairie View Liquor Store
306842 404 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center
1035453 402 XCEL ENERGY Electric Various Funds
306845 402 CENTURYLINK Internet Various Funds
306908 398 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility
1035398 397 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
307142 373 PITNEY BOWES Postage Customer Service
307110 372 J H LARSON COMPANY Supplies - Electrical Park Shelters
306926 371 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
307061 367 OLSEN SHARON AR Utility Water Enterprise Fund
307165 361 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
306788 359 MILK AND HONEY CIDERS Liquor Product Received Prairie Village Liquor Store
306979 342 MEGA BEER Liquor Product Received Den Road Liquor Store
306802 342 DOMACE VINO Liquor Product Received Den Road Liquor Store
307014 336 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1035433 330 GORDHAMER SCOTT Clothing & Uniforms Police Sworn
1035376 317 CARLSTON, BRANDON Clothing & Uniforms Police Sworn
306883 315 OCCUP HEALTH CENTERS OF THE SOUTHWEST Employment Support Test Organizational Services
1035419 314 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
10189 310 WEX FSA - Medical Health and Benefits
306937 310 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
307094 303 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
306811 300 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
307008 300 CARLOS CREEK WINERY Liquor Product Received Prairie View Liquor Store
307125 299 MINNESOTA AIR INC Building Repair & Maint.Utility Operations - General
1035389 293 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
306899 284 STAPLES ADVANTAGE Office Supplies Customer Service
306801 284 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
307010 282 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
306924 270 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
307100 270 ESTRINE, ROBERT Other Contracted Services Community Band
Check #Amount Supplier / Explanation Account Description Business Unit1035448258NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
306889 254 RICHFIELD PRINTING INC Office Supplies Customer Service
306797 252 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
306923 251 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
307167 251 WM CORPORATE SERVICES INC Waste Disposal Fleet Operating
306906 250 URBAN SUSTAINABILITY DIRECTORS NETWORK Dues & Subscriptions Sustainable Eden Prairie
306913 250 MAYS WILLIAM Deposits General Fund
307082 249 ARAMARK Janitor Service Prairie Village Liquor Store
306998 245 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
306897 244 ST CROIX LINEN LLC Operating Supplies-Linens Fire
307133 240 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
307166 240 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Traffic Signals
10221 239 WEX FSA - Medical Health and Benefits
306927 237 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
306825 235 MILK AND HONEY CIDERS Liquor Product Received Prairie View Liquor Store
306990 235 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1035421 230 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
307169 230 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
307018 229 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
307103 227 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
306879 225 MNIAI Dues & Subscriptions Police Sworn
306911 225 EDINA, CITY OF Other Contracted Services Communications
306820 222 DOMACE VINO Liquor Product Received Prairie View Liquor Store
307143 219 PROPIO LS LLC Other Contracted Services Police Sworn
1035428 218 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1035440 210 TOWNSEND BRETT Clothing & Uniforms Police Sworn
307093 209 COMCAST Phone/Data/Web 494 Corridor Commission
306787 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
306824 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
306874 207 MHSRC/DDP Other Contracted Services Senior Center Programs
307077 207 A TO Z RENTAL CENTER Repair & Maint. Supplies Utility Operations - General
307059 203 NABOKA MARINA AR Utility Water Enterprise Fund
307114 203 LIBERTY TIRE RECYCLING - MN Waste Disposal Fleet Operating
307058 198 MOSCHET KAREN AR Utility Water Enterprise Fund
307152 197 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
1035380 196 HACH COMPANY Laboratory Chemicals Water Treatment
1035384 196 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
306866 196 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
307001 195 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307023 191 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
306832 191 A TO Z RENTAL CENTER Repair & Maint. Supplies Park Maintenance
307092 190 COMCAST Internet IT Operating
307138 188 OFFICE OF MN IT SERVICES Clothing & Uniforms Police Sworn
307089 186 CENTURYLINK Internet IT Operating
10178 186 WEX FSA - Medical Health and Benefits
306931 185 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1035372 183 VINOCOPIA Liquor Product Received Prairie View Liquor Store
10180 179 WEX FSA - Medical Health and Benefits
306905 177 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
306814 175 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit306982175RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
306798 174 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
306989 170 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
307076 170 WOLDEMARIAM MELKAMU AR Utility Water Enterprise Fund
307156 168 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
307098 167 DEM CON LANDFILL LLC Waste Disposal Park Maintenance
306929 166 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
307062 165 POTTER JEFFERY AR Utility Water Enterprise Fund
1035424 155 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1035368 151 VINOCOPIA Liquor Product Received Den Road Liquor Store
306893 150 SIGHT AND SURF LLC Equipment Repair & Maint Fitness Center
306921 150 CARLOS CREEK WINERY Liquor Product Received Prairie Village Liquor Store
1035386 150 STOCKWELL, WENDELL Clothing & Uniforms Inspections-Administration
306784 149 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
306987 148 WACONIA BREWING COMPANY Liquor Product Received Den Road Liquor Store
307036 147 CVETNIC JOHN AR Utility Water Enterprise Fund
10188 146 WEX FSA - Medical Health and Benefits
307070 145 THOMSEN TROY AR Utility Water Enterprise Fund
306933 143 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
306821 141 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store
306794 140 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
306992 140 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
307004 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
306829 138 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
306807 134 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1035437 133 QUALITY PROPANE Motor Fuels Fleet Operating
307052 132 KNOLL JOLENE AR Utility Water Enterprise Fund
306940 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
306999 130 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
306853 127 ESTRINE, ROBERT Operating Supplies Community Band
307054 124 MICHAELIS TOM AR Utility Water Enterprise Fund
306849 122 CORE & MAIN Repair & Maint. Supplies Water Distribution
306857 120 HARVEST BAKERY SERVICES INC.Supplies - Plumbing Senior Center
307090 120 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
306876 120 MINNESOTA SECRETARY OF STATE - NOTARY Dues & Subscriptions Fire
1035420 120 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
1035425 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1035430 120 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
307127 120 MINNESOTA EQUIPMENT Equipment Repair & Maint Park Maintenance
306813 118 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
1035443 118 CDW GOVERNMENT INC.Computers IT Operating
306984 116 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
306917 110 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
306934 110 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
1035364 107 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1035412 106 STERICYCLE INC Other Contracted Services Police Sworn
1035452 106 UPS Postage Police Sworn
307057 105 MISKE PATRICK AR Utility Water Enterprise Fund
307144 105 QUAM BRITTANY Rental License Housing Inspections
307157 104 T-MOBILE Cell Phones 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit307031104BROWN MICHAEL AR Utility Water Enterprise Fund
306986 103 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
10181 101 WEX FSA - Medical Health and Benefits
307067 101 STACK MICHELLE AR Utility Water Enterprise Fund
307141 100 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
307137 99 OCCUP HEALTH CENTERS OF THE SOUTHWEST Employment Support Test Organizational Services
1035429 99 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
306847 97 COMCAST Internet IT Operating
1035450 96 STREICHERS Clothing & Uniforms Fire
307020 95 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
307035 94 CUMMINGS ROBERT AR Utility Water Enterprise Fund
1035379 91 EICHMAN NATHAN Canine Supplies Police Sworn
1035374 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
307028 88 BLACKOWIAK JASON AR Utility Water Enterprise Fund
306936 87 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1035385 85 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
307071 83 WANG YAQI AR Utility Water Enterprise Fund
307046 82 GRECO NICHOLAS AR Utility Water Enterprise Fund
10217 82 WEX FSA - Medical Health and Benefits
1035438 80 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
10182 80 WEX FSA - Medical Health and Benefits
1035396 78 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
10193 78 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
307029 74 BLASEWITZ JEANETTE AR Utility Water Enterprise Fund
307148 74 SHRED RIGHT Waste Disposal City Hall (City Cost)
307095 72 CUSTOM TRUCK ONE SOURCE Equipment Parts Fleet Operating
306806 69 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1035426 65 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
307033 65 CLARK, JEAN AR Utility Water Enterprise Fund
1035431 63 BECKER, DAVE Mileage & Parking Police Sworn
307064 62 SCHNEIDER KATHY AR Utility Water Enterprise Fund
307056 61 MILLER DAVE AR Utility Water Enterprise Fund
10218 60 WEX FSA - Medical Health and Benefits
307145 60 RICHFIELD PRINTING INC Office Supplies Customer Service
1035383 60 MPX GROUP, THE Operating Supplies Fire
307038 59 ELLIS ALEXANDRA AR Utility Water Enterprise Fund
306833 58 ACE SUPPLY COMPANY INC Supplies - HVAC Maintenance Facility
307043 57 FISCHER RONYLL AR Utility Water Enterprise Fund
306848 56 COMCAST Cable TV Fire
10207 55 WEX FSA - Medical Health and Benefits
10187 50 WEX FSA - Medical Health and Benefits
307132 50 MN-LEAP Dues & Subscriptions Police Sworn
307021 46 WACONIA BREWING COMPANY Liquor Product Received Prairie View Liquor Store
307163 46 VERMONT SYSTEMS, INC Software Recreation Admin
306868 45 MAMA Dues & Subscriptions Administration
307025 43 ANDERSON JONATHAN AR Utility Water Enterprise Fund
307034 41 CTW GROUP AR Utility Water Enterprise Fund
10219 40 WEX FSA - Medical Health and Benefits
307106 40 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
10190 37 WEX FSA - Medical Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit30713137MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance
307159 36 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
307047 34 GRUBE MARK AR Utility Water Enterprise Fund
306881 32 NORTHERN TOOL Equipment Parts Fleet Operating
307126 32 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
307045 29 GLYER ANGELA AR Utility Water Enterprise Fund
307024 28 ANDERSON BEVERLY AR Utility Water Enterprise Fund
307049 26 HEIM CHRIS AR Utility Water Enterprise Fund
307066 26 SKILLMAN ASHLEY AR Utility Water Enterprise Fund
306870 26 MCCUNE CHRIS Employment Support Test Organizational Services
307037 26 DAWSON PATRICIA AR Utility Water Enterprise Fund
307051 26 KELSAY TROY AR Utility Water Enterprise Fund
1035410 25 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
306902 25 TOLBERT ALLISON Tuition Reimbursement/School Fitness Classes
307048 24 HAYEK KRISTI AR Utility Water Enterprise Fund
10204 24 PAYA Bank and Service Charges Winter Theatre
307129 24 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance
1035415 22 UPS Postage Fitness Admin.
1035436 22 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
307069 21 TALLEY THOMAS AR Utility Water Enterprise Fund
307032 21 BURBANK JANE AR Utility Water Enterprise Fund
307074 19 WILSON LESLIE AR Utility Water Enterprise Fund
307160 18 UNITED SYSTEMS & SOFTWARE INC Capital Under $25,000 Water Metering
1035442 18 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
307055 18 MILLER CORY AR Utility Water Enterprise Fund
307155 18 TICKNOR LORI Tuition Reimbursement/School Fitness Classes
307065 17 SCHOEDER CHRISTOPHER AR Utility Water Enterprise Fund
307050 16 JOHNSON RYAN AR Utility Water Enterprise Fund
307026 16 BERGLUND KENNETH AR Utility Water Enterprise Fund
307040 15 ESTATE OF LANCE K DAY C/O LORLEE STEEVER AR Utility Water Enterprise Fund
307027 14 BLACKFORD DEBORAH AR Utility Water Enterprise Fund
307072 13 WEST PATRICIA AR Utility Water Enterprise Fund
307168 13 YUN ALLEN AR Utility Water Enterprise Fund
307063 13 REDING AMY AR Utility Water Enterprise Fund
307068 12 STANTON, KAY AR Utility Water Enterprise Fund
307030 10 BROWN AMY AR Utility Water Enterprise Fund
307075 10 WILSON RODNEY AR Utility Water Enterprise Fund
307042 10 ESTATE OF WANDA MARIENAU C/O JUDY JOHNSO AR Utility Water Enterprise Fund
307044 9 FRICK KAREN AR Utility Water Enterprise Fund
10216 7 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
307073 5 WEYERHAEUSER NANCY AR Utility Water Enterprise Fund
307060 5 NICOLAY JANIS AR Utility Water Enterprise Fund
307053 4 MAUSER DAVID AR Utility Water Enterprise Fund
5,364,054 Grand Total
CITY COUNCIL AGENDA
SECTION: Parks and Recreation Department Report
DATE:
February 20, 2024
DEPARTMENT/DIVISION:
Amy Markle, Parks and Recreation Director
ITEM DESCRIPTION:
Amended Professional Services Agreement with ISG for Design Phase Services for Miller Park Outdoor Court Complex
ITEM NO.:
XIV.D.1
Motion
Move to: Authorize First Amendment to Standard Agreement for Professional Services
with ISG, Inc. for Design Phase Services for the Miller Park Outdoor Court Complex at a cost not to exceed $89,000.00. Synopsis
Staff recommends entering into an amended professional services agreement with ISG for
development of design and construction documents for the Miller Park Outdoor Court Complex
Project. The proposed project would replace the existing tennis and basketball courts with an outdoor court complex that would provide residents a facility for lit tennis, pickleball, basketball courts along with adjacent seating areas.
Background The Parks and Recreation Department has researched, discussed, and presented several options for athletic court renovation at Miller Park over the past two years. The existing courts are at the end of
their useful life and need replacement. Options have included both indoor and outdoor designs with benefits and challenges to each. After several City Council work sessions and Parks and Recreation Natural Resources Commission meeting discussions, a direction of pursuing an outdoor facility has been recommended. The benefits of an outdoor court complex include: a wider variety of courts therefore appealing to a broader reach of residents and youth summer camp participants, cost-
effective, less staff intensive to operate and maintain, decrease in long-term capital costs, high-level of private industry success in regional indoor pickleball facilities, and the increase of outdoor playtime due to lit courts.
Staff recommends that the City enter into an amended agreement with ISG for the development of design and construction documents at Miller Park. The proposal will include eight pickleball courts, one tennis court, and one basketball court. There will be adjacent seating areas, landscaping, parking improvements, and lights to enhance the facility and participant experience.
The scope and cost for these services are in line with similar projects of this size and ISG has performed similar work within our park system and surrounding communities, so staff feels very comfortable recommending them for this project. Attachments
First Amendment to Standard Agreement for Professional Services
1
First Amendment To Standard Agreement for Professional Services This First Amendment to Standard Agreement for Professional Services (Amendment) is made on the 20th day of February, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ISG, Inc. (“Consultant”), a Minnesota Corporation (hereinafter "Consultant") whose business address is 6465 Wayzata Blvd Suite 970, Minneapolis, MN 55426. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 5th day of April, 2022 for the work described in Exhibit A thereto; and WHEREAS City and Consultant desire to amend paragraphs 1 and 3 of the Agreement relating to the Scope of Work and Compensation to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF Work: The Scope of Work identified in Paragraph 1, Exhibit A, is amended to
include the following services: Task 3 – Construction Documents Upon receiving the appropriate approvals from the City, ISG will prepare final construction documents for the project. This will include the development of plans, elevations, sections, details, schedules, and specifications for the following disciplines as they relate to the Miller
Park Tennis, Basketball, and Pickleball Court Complex.
• Structural Engineering
• Electrical Engineering
• Civil Engineering
• Landscape Architecture
Deliverables
• One (1) 60%, 90%, and 100% construction document package, project manual, and opinion of probable cost (includes one [1] comprehensive round of revisions to the packages incorporating City comments)
• Two (2) meetings with City staff and project stakeholders for 60% and 90% construction document package, project manual, and opinion of probable cost reviews. Task 4 – Permitting + Plan Review After preliminary due diligence and research of potential permits required, it is ISG’s understanding that the following permits may be required. ISG will coordinate the permits listed below and provide information as required; however, the contractor is responsible for obtaining all construction related permits and the City will be responsible for all permit application costs. Deliverables
• Watershed permit with Riley Purgatory Bluff Creek Watershed District (approximately 9–12-
week review/approval timeline) o Rule C (erosion and sediment control) and Rule J (stormwater management) apply
• NPDES General Stormwater Construction permit
• Land Alteration/Grading permit
2
Task 5 – Bid Administration
ISG will provide the professional design services necessary to prepare the bidding documents, including plans and specifications using the preferred City bidding platform, QuestCDN. For the purposes of this proposal, ISG’s assumes the project will be bid digitally through Quest CDN
and will also have a public bid notice posted with the local newspaper. Deliverables
• Provide one (1) bidding package (PDF)
• Provide one (1) advertisement for bid in the City paper (PDF)
• Respond to contractor questions
• Issue addenda as needed
• Provide a bid summary
• Provide award letter of recommendation 2. Compensation for Services: Paragraph 3 is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $89,000.00 for the services as described in Exhibit A as amended hereby. 3. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 4. Entire Agreement. This Amendment constitutes the entire agreement between the parties with
respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein
contained (other than the Agreement) are superseded and of no further force or effect. 5. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties
hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor
___________________________________ City Manager
ISG, Inc. By: ________________________________ Its: ________________________________
Miller Park Court Complex Project
February 20, 2024
Why is this Project Needed?
There is currently basketball and tennis at Miller Park and all
courts are in rough shape.
Proper facility management.
Reinvestment for future generations.
Project Discussions
•Over two years of research and
discussions
•Multiple Council Work Sessions
•Numerous Parks, Recreation and
Natural Resources Commission
Presentations and Discussions
•Staff and Consultant Expertise
Project Considerations
•Community Needs
•Cost Effectiveness of Design
•Long-term Maintenance and
Operational Costs
•Participant Costs
•Regional Trends
Regional Pickleball Landscape
Project Highlights
Discussion