HomeMy WebLinkAboutCity Council - 04/16/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 16, 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)
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
a. ALICE WILLIAMS, EDEN BROOK CONSERVATION AREA TRASH
RECEPTACLES
III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 16, 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. SMALL BUSINESS WEEK PROCLAMATION
B. ARBOR DAY PROCLAMATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 02, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 02, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. ADOPT RESOLUTION TERMINATING DEFERRED SPECIAL ASSESSMENT, APPROVE SPECIAL ASSESSMENT AGREEMENT WITH
RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT
C. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR RAINBOW
DRIVE CULVERT REPLACEMENT CONSTRUCTION ADMINISTRATION WITH SRF CONSULTING GROUP
D. AWARD CONTRACT FOR 2024 PAVEMENT REHABILITATION
PROJECT TO BITUMINOUS ROADWAYS, INC.
CITY COUNCIL AGENDA April 16, 2024
Page 2
E. AUTHORIZE POLICE INSPECTOR VEHICLE REPLACEMENT
F. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR SANITARY SEWER MODELING SERVICES WITH ADVANCED ENGINEERING AND
ENVIRONMENTAL SERVICES
G. AWARD CONTRACT FOR 2024 MUDJACKING TO METRO CONCRETE
RAISING INC.
H. AWARD CONTRACT FOR 2024 CRACK SEAL PROJECT TO
NORTHWEST ASPHALT AND MAINTENANCE
I. AWARD CONTRACT FOR 2024 PAVEMENT MARKING TO SIR LINES-A-LOT LLC
J. APPROVE CONTRACT WITH GRANICUS, LLC FOR WEBSITE HOSTING, EMAIL/TEXT SUBSCRIPTION, AND STREAMING VIDEO
SERVICES
IX. PUBLIC HEARINGS AND MEETINGS
A. EDEN PRAIRIE PUBLIC SCHOOLS/UNFI by Eden Prairie Public Schools. Resolution for a Guide Plan Change from Office and Parks & Open Space to Public/Semi-Public and Parks & Open Space on 60.91 acres, first reading of Ordinance for Zoning District Change and Planned Unit Development District
Review with waivers on 60.91 acres.
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
CITY COUNCIL AGENDA April 16, 2024
Page 3
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
Requested Action
Proclaim Sunday April 28 through Saturday May 4, 2024 “Small Business Week” in Eden Prairie. Synopsis
The proclamation is in support of Eden Prairie’s business economy joining in a national effort to
recognize the contributions of small business to the local and national economy. Background
Every year since 1963 Presidents of the United States have proclaimed National Small Business Week
to highlight the importance of small businesses to our economy. Half of the nation’s workers are employed by small businesses. Attachments
Attach 1 – Small Business Week Proclamation
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE
April 16, 2024
DEPARTMENT/DIVISION:
Community Development
Julie Klima/David Lindahl
ITEM DESCRIPTION
Small Business Week Proclamation
ITEM NO.
IV.A.
ITEM NO.: IV.A.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, America’s economic growth is driven by the resilience of
small businesses that create employment opportunities for millions of families
and workers across America; and
WHEREAS, small businesses remain the heartbeat of our communities
and employ more than half of our nation’s workers, and
WHEREAS, when we support small businesses, jobs are created, and
local communities prosper economically; and
WHEREAS, Presidents of the United States have proclaimed National
Small Business Week every year since 1963 to highlight the importance of
small businesses to our economy; and
WHEREAS, the City of Eden Prairie joins in a national effort to
recognize the contributions of small business to the local and national
economy.
NOW, THEREFORE, the City Council of the City of Eden Prairie, Minnesota,
does hereby proclaim Sunday April 28 thru Saturday May 4, 2024: National Small Business Week
in the City of Eden Prairie.
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 cities’ 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.
ADOPTED by the Eden Prairie City Council on April 16, 2024.
Ronald A. Case, Mayor
ITEM NO.: IV.B.
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 02, 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. ECONOMIC DEVELOPMENT UPDATE
Getschow introduced David Lindahl, Economic Development Manager. Lindahl explained the
City recently met with medical technology companies including GreaterMSP (Minneapolis Saint
Paul Regional Economic Development Partnership). GreaterMSP is applying to receive Federal
grant funding for a regional medical technology hub. Case noted the City is becoming a hub for
medical technology companies. Lindahl stated the Eden Prairie School District (EPSD) is
starting construction on an Innovation Sandbox project to be completed in the fall. Eden Prairie
High School (EPHS) will be renovated to create a collaboration space for EPHS students and
local entrepreneurs. Case noted he is glad to see EPHS include entrepreneurship and innovation
in curriculum.
Lindahl explained the Economic Development Fund financed an entry sign on the Minnesota
River Bluffs Regional Trail bridge over east bound Highway 212. A cost feasibility analysis is
underway for an entry sign at the intersection of Shady Oak Road and south bound Highway
494. There are several challenges including high costs, MnDOT approval, and right of way
restrictions. Other improvement projects include the Singletree Lane and Prairie Center Drive
intersection. The right turn lane was reconfigured for improved safety, and the Economic
Development Fund was used to redesign and landscape the intersection. In the Golden Triangle,
the City worked with the County to use $200 thousand of grant funding to build a trail along
Shady Oak Road closing a gap in the trail system.
Lindahl stated the City is exploring constructing an entry sign on a retaining wall at City West
Station. The sign would be installed in 2024 and funded by the Economic Development Fund.
Nelson asked what type of landscaping would be used for the sign. Lindahl stated the City would
use short plants to preserve the view of the sign. Nelson said the City should use a flowering
City Council Workshop Minutes April 2, 2024
Page 2
plant. Narayanan noted this sign is not uniform to other entry signs in the City. Nelson asked if
the sign could have a curved top for uniformity. Klima explained the challenges with the
retaining wall site. Existing color and materials needed to be incorporated in the design. The
depth is 18 inches, which does not leave much room for the sign and landscaping. The text and
color are consistent with existing entry signs. Staff can continue to research sign options
including color.
Lindahl explained business retention and expansion activities in the City. Eden Prairie based
NVE Corporation received a $400 thousand grant through the Minnesota Investment Fund for a
cleanroom expansion. Eden Prairie based company Aldevron is also seeking a grant through the
Minnesota Investment Fund.
Lindahl noted the City discussed business conditions at a Breakfast with the Mayor event this
year. The City has offered meet and greet events with companies including Christianson
Insurance Group and Rxfunction. Case asked how many total meet and greet events the City has
participated in. Lindahl answered over 300 since 2003. The realtor forum held in May keeps
local realtors informed of community developments. The event included a bus tour and a
presentation from the EPSD. Collaborations with the Chamber of Commerce including the
Economic Development bus tour, annual EPHS career expo, session priorities event, and the
annual golf fund raiser.
Lindahl outlined development activity in the City. A 40 thousand square foot building at the
intersection of Flying Cloud Drive and Prairie Center Drive intended to be a grocery store is still
vacant. Goodwill inquired about leasing half the space. Narayanan asked how the building
entrance would be configured if Goodwill only occupies half the space. Lindahl confirmed
Goodwill would create a separate entrance. There is a vacant 41 thousand square foot industrial
building at 10700 Prairie Lakes Drive. A developer purchased the property with the intention to
redevelop the site into 21 single family homes. The Planning Commission will vote on this
proposal on April 8. Case stated single family homes are a good match for the surrounding twin
homes. Klima added the developer was proactive in outreach to surrounding neighbors. Case
asked what zoning this project is requesting. Klima confirmed this project is requesting R1-9.5
zoning. The existing single family homes to the south are R1-13.5, slightly denser.
Narayanan asked how a commercial building redeveloped into single family homes affects City
tax collected. Getschow answered the City benefits more from residential properties than
commercial due to the fiscal disparities program. Case stated commercial properties redeveloped
as residential has disadvantageous planning implications for growing cities. As the City is mostly
developed, the EPSD generally views more residential properties as a positive. Narayanan noted
more housing is beneficial for the City overall. Case stated costly housing is also beneficial as
homeowners in existing affordable homes will sell in favor of an upgrade.
Lindahl summarized redevelopment at Eden Prairie Center. Staff is encouraging mall owner
MetLife to consider other uses besides retail. The owner is interested in redeveloping for
City Council Workshop Minutes April 2, 2024
Page 3
potential uses including hotel, residential, and commercial. Demolition and redevelopment costs
are extremely expensive. The developer is hoping to use Tax Increment Financing (TIF) to help
cover costs. The mall, although heading toward economic obsolesce, is only 50 years old and
does not meet the blight test necessary to establish a TIF district. The City is pursuing special
legislation to waive the blight test. If the legislation passes, a TIF district could be created. The
developer has indicated they intend to submit a plan this year. Case asked if the developer has
considered a multi-level senior living including a health clinic. Lindahl confirmed the developer
has considered senior living. Nelson stated if senior living is pursued there should be a definite
separation from mall patrons. Narayanan asked if the developer has considered an event center.
Lindahl stated the developer has not considered an event center. Nelson stated a large indoor
pickleball court would be a good idea.
Lindahl explained Target, Scheels, Kohls and Von Maur are privately owned. JCPenneys and the
remaining retail are owned by MetLife. The value of the portion owned by MetLife has dropped
from $85 million in 2019 to $30 million today. Narayanan asked how many visitors the mall has.
Lindahl stated the mall has 7 million visitors annually, down from its peak of 12 million annual
visitors. Narayanan asked if there are any height restrictions for developing. Klima answered the
City’s zoning districts have height restrictions, the Council can choose to grant a waiver. Case
stated he met with MetLife representatives to explore redevelopment possibilities. The City
communicated all good ideas are worth considering and there are no explicit confines.
Lindahl summarized new development and redevelopment in the City. Office Depot is
considering redevelopment as they have more square footage than needed. Narayanan asked if
the area would stay commercial. Lindahl confirmed the area would stay commercial. Nelson
stated the parking lot must be refinished. Lindahl confirmed the entire area, including the parking
lot, would be redone. Smash Park Pickleball and Entertainment and Kwik Trip are interested in
locations in the City. A 425-unit building, Bluestem Apartments, is under construction. A
MnDOT Truck Storage Station addition is under construction on Highway 212. Case asked if the
City has an approval process as MnDOT already owned the land. Klima stated MnDOT shared
plans with the City for feedback, but there was no formal approval process. Lindahl stated the
Crew Carwash building permit has been approved. The Mr. Carwash permit is currently under
review. Freiberg asked what the old Mr. Carwash site will be turned into. Lindahl stated the site
would likely be a teardown.
Lindahl explained the office market has struggled post COVID. Prairie Commons Office Center,
a 450 thousand square foot building at 13625 Technology Drive, is currently listed for lease. The
property has many advantages including proximity to the light rail, bus station, restaurants, and
other amenities. There is a vacant 155 thousand square foot office building at the intersection of
Technology Drive and Prairie Center Drive. Optum leased the property but never occupied it.
Case stated it has a parking deck and would be a good location for an apartment with commercial
on the main floor. Lindahl stated CH Robinson is vacating the 150 thousand square foot Eden
Bluff Corporate Center on Charlson Road. Nelson asked where the company is moving. Lindahl
City Council Workshop Minutes April 2, 2024
Page 4
confirmed employees are relocating to other properties or working from home. Case stated the
building oversees a lake and would be a good spot for a restaurant. Lindahl stated Endeavor
Development is proposing to redevelop the vacant American Family Insurance campus into
Nexus Innovation Center, an Industrial Flex property.
Lindahl explained the UNFI/SuperValu campus west parcel may be acquired by CSM
Corporation. Their concept plan includes a five story 150 room Marriott Residence Inn and a
freestanding commercial building. An additional apartment building may be considered if
topographical challenges can be overcome. Nelson asked if there are any anticipated traffic
issues. Lindahl stated traffic will be vetted by staff during the development proposal process.
Lindahl stated the UNFI/SuperValu campus east parcel, including a 165 thousand square foot
building, is being acquired by the EPSD for the Tassel Program and the Alternative High School.
Planning Commission approved the project on March 25 and the City Council will vote April 16.
Case asked if the EPSD’s purchase of the parcel is complete. Getschow stated the purchase is
contingent on City approval. Case asked Getschow to explain the negotiated payment agreement.
Getschow stated the parcel would be tax exempt if occupied by the school district. The City
negotiated to receive ten years of City tax as part of the sale. Toomey asked if the payment
would be made up front or in annual increments. Getschow answered the payment would be
made up front. Narayanan asked how the payment is accounted for. Getschow confirmed the
payment would be general fund revenue, identical to other property tax payments. Nelson noted
while tax exempt, schools and churches are valuable to the community. Getschow stated a hotel,
restaurant, and potential apartment added to the west parcel would increase the tax base.
Case stated the Council is fortunate for the City’s success. The City’s tax base is strong and has
an extremely low tax levy. Once complete, the light rail will bring employees and patrons to the
mall. Narayanan asked what route Southwest Transit’s autonomous vehicle will be. Lindahl
answered staff had made recommendations based on density of potential riders. The mall would
likely be a hub. Narayanan commented the City should keep future development in mind when
considering the route, and asked if the autonomous vehicles have any negatives. Klima and
Lindahl answered there are no perceived negatives. Lindahl further expressed the autonomous
vehicle company completed a successful pilot in Grand Rapids. Narayanan asked if the City
contributes money. Lindahl confirmed the City is not expected to.
Getschow gave a summary of the Missing Middle bill. Most authors discarded legislation
removing local zoning authority. One bill remains which would allow multifamily residential
development in commercially zoned areas. Additionally, cities may be required to allow
accessory dwelling units on single family lots. It is possible elements of the Missing Middle bill
could return in the future. Toomey asked why this bill was put forward. Case explained
supporters include pro-affordable housing groups and developers. Getschow added if the housing
market is flooded with supply, in theory costs would eventually be forced down. However, this
City Council Workshop Minutes April 2, 2024
Page 5
bill would work the exact opposite by increasing land value. Apart from multifamily buildings
with TIF, very little new construction is affordable due to cost of land.
Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 2, 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, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. LOW SALT DESIGN PILOT CITY CERTIFICATE
Getschow explained Eden Prairie has been a leader in chloride reduction efforts for decades. Eden Prairie was an early adopter of salt spreader calibration, the use of
brine for pretreating roads, and Smart Salting training for all winter maintenance staff. Eden Prairie is the first City to complete Bolton & Menk’s Low Salt Design Pilot Program.
Connie Fortin, representative of Bolton & Menk, pointed out salt pollution is a growing problem in Minnesota’s waterbodies. Chlorides are toxic to plants and
animals, contaminate surface and ground water, and impacts soil health. Working with Eden Prairie has been an inspiration to her. She presented the City with the Certificate. Case asked if Staff knew a number of the salt reduction impact. Public Works
Director Robert Ellis stated they don’t have the data. He stated the City tries to stay at 100 pounds per lane mile, which adds up with the number of streets in Eden Prairie. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
CITY COUNCIL MINUTES April 2, 2024
Page 2
MOTION: Nelson moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0.
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 12, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 12, 2024
MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, March 12, 2024, and the City Council meeting held Tuesday, March 12, 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. 2024-033 APPROVING MASTER LICENSE AGREEMENT WITH VERIZON WIRELESS FOR CELL INSTALLATIONS, APPROVE SUPPLEMENT TO THE MASTER LICENSE AGREEMENT FOR CRESTWOOD PARK AND FRANLO PARK
C. ADOPT RESOLUTION NO. 2024-034 SUPPORTING APPLICATION TO THE JOB CREATION FUND BY EDEN PRAIRIE BASED ALDEVRON COMPANY
D. ADOPT RESOLUTION NO. 2024-035 APPROVING APPOINTMENT OF ELECTION JUDGES FOR APRIL 30, 2024, SPECIAL PRIMARY AND MAY
14, 2024, SPECIAL ELECTION FOR HENNEPIN COUNTY DISTRICT 6 COMMISSIONER
E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WATERFRONT RESTORATION TO CONDUCT WATERCRAFT INSPECTIONS
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2024 LAKE MONITORING PROGRAM
G. AWARD RAINBOW DRIVE CULVERT REPLACEMENT PROJECT TO RACHEL CONTRACTING, LLC
H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR
DESIGN AND CONSTRUCTION ADMINISTRATION FOR MOUNT CURVE WATERMAIN REHABILITATION
CITY COUNCIL MINUTES April 2, 2024
Page 3
I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR WASHINGTON AVENUE SANITARY SEWER CIPP
J. AWARD ANNUAL SWEEPING CONTRACT TO PEARSON BROTHERS
K. AWARD CONTRACT FOR 2024 SURFACE SEAL PROJECT TO
CORRECTIVE ASPHALT MATERIALS, LLC
L. APPROVE 2023 UNBUDGETED FUND TRANSFERS
M. DECLARE OBSOLETE EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL
N. ADOPT RESOLUTION NO. 2024-036 AUTHORIZING STAFF TO SUBMIT GRANT REQUEST TO MINNESOTA DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM FOR
HOMEWARD HILLS PLAYGROUND IMPROVEMENT PROJECT
MOTION: Toomey moved, seconded by Narayanan, to approve Items A-N on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
A. ADOPT RESOLUTION NO. 2024-037 SUPPORTING APPLICATION TO
THE MINNESOTA INVESTMENT FUND ON BEHALF OF EDEN PRAIRIE BASED ALDEVRON COMPANY
Getschow explained the City is applying for a $3.7M grant through the through the Department of Employment and Economic Development’s (DEED) Minnesota Investment Fund (MIF) to help fund a major renovation and expansion of 7075
Flying Cloud Drive owned by Aldevron. DEED requires the City to apply for the
grant and behalf of the business and act as the conduit between DEED and the business. DEED also requires a public hearing before application submittal. The City provides a resolution of support but doesn’t fill out any applications. Eden Prairie has approved 10 or so in the last 12 years.
Narayanan asked if the funds are intended only for development or could also be
used to pay for employees. Getschow stated the money is intended for capital improvements.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Narayanan, to close the public hearing,
and to adopt Resolution No. 2024-037 supporting application to the Minnesota Investment Fund by the City of Eden Prairie on behalf of Eden Prairie based company Aldevron. Motion carried 5-0.
CITY COUNCIL MINUTES April 2, 2024
Page 4
B. ADOPT RESOLUTION NO. 2024-038 VACATING PART OF LOT 1, BLOCK 2, LIBERTY PLAZA DRAINAGE AND UTILITY EASEMENTS
Getschow noted the property owner has requested a vacation of part of the drainage and utility easements as dedicated on Lot 1, Block 2, Liberty Plaza, Hennepin County, Minnesota to facilitate the proposed building expansion that
requires relocating the existing watermain. The Council approved the project site plan on February 20, 2024.
There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing,
and to adopt Resolution No. 2024-038 vacating part of the Drainage and Utility easements lying over, under, and across Lot 1, Block 2, Liberty Plaza. Motion carried 5-0. X. PAYMENT OF CLAIMS
MOTION: Freiberg moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. SUMMARY OF CITY MANAGER PERFORMANCE REVIEW Case explained Eden Prairie has a City Manager that runs the City. The Council sets the philosophy and budget but directs Staff to carry out the operations. There is an annual review of the City Manager.
City Attorney Maggie Neuville pointed out the review was a Closed Session, which is allowed by State Statute. The salary was also set.
Case read the review from the Closed Session.
MOTION: Nelson moved, seconded by Toomey, to approve an increase in the City Manager’s salary for 2024 to $230,000 and provide an additional $20,000 in
CITY COUNCIL MINUTES April 2, 2024
Page 5
employee health insurance premiums and PTO contributions or deferred compensation. Motion carried 5-0.
Toomey pointed out Getschow is patient, knowledgeable, and willing to learn.
The entire Council enjoys working with him. Narayanan stated other cities and their managers have a high level of respect for Getschow. He maintains a low tax rate for the City along with high-performing
services. He is a great manager of people, and Eden Prairie is lucky to have him.
Nelson shared Eden Prairie has some of the lowest taxes with some of the best services consistently thanks to Getschow’s work. She thanked him for his work.
Freiberg noted Getschow has superb knowledge, leadership abilities, and
communication skills. He thanked Getschow for his work. Case added Eden Prairie is a top City in the State of Minnesota in most categories. Getschow is extremely competent and has a strength in relationship-building.
Getschow stated it is the employees who make the City so excellent and his success is a testament to their efforts. B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:33 p.m.
CITY COUNCIL MINUTES April 2, 2024
Page 6
Respectfully submitted,
________________________
Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Private Kennel Richard & Cynthia Warren 18620 Jacques Court
Temporary On-Sale Wine Organization: Franciscan Retreats and Spirituality Center Event: Franciscan International Award Dinner Date: Thursday, May 9, 2024
Place: Pax Christi Catholic Community
12100 Pioneer Trail
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT / DIVISION:
Public Works/Engineering
Robert Ellis, Public Works Director
ITEM DESCRIPTION:
Agreement with Riley Purgatory Bluff Creek Watershed District Regarding Deferred Special Assessments
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve Agreement Regarding Special Assessments with Riley Purgatory Bluff Creek Watershed District
• Adopt Resolution to Terminate a Special Assessment Deferred under Minn. Stat. § 273.111 Synopsis On April 3, 2024, Riley Purgatory Bluff Creek Watershed District entered into a Contract for Deed to
purchase real property located at 9875 and 9955 Spring Road in Eden Prairie (the “Property”). In 2003,
the City levied a special assessment against the Property related to a road improvement project. Because the Property was used for agricultural purposes, the special assessments were deferred under Minnesota’s green acres law. Under that law, an owner of agricultural property can apply to have certain taxes and special assessments deferred until the property is sold or no longer used for agricultural purposes. The
current amount of the assessment, including accrued interest, is $274,128.64.
When the Property transferred to the Watershed District pursuant to the Contract for Deed, it lost its green acres status and the special assessment is payable within 90 days. The Watershed District has requested additional time to pay the special assessment to the City. The City Attorney has drafted the attached
agreement with the Watershed District. Under the Agreement, the City will terminate the special
assessment with Hennepin County and the Watershed District will agree to pay the full balance to the City, plus additional interest, within two years of the date of transfer. A confession of judgment will secure the Watershed District’s repayment obligation. Staff recommends approval of the agreement.
Attachments
Agreement Regarding Deferred Special Assessments
Resolution
AGREEMENT REGARDING DEFERRED SPECIAL ASSESSMENTS
This Agreement Regarding Deferred Special Assessments (“Agreement”) is made this 16th
day of April, 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”) and the Riley Purgatory Bluff Creek Watershed District, a public body with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (“District”).
RECITALS
WHEREAS, on April 3, 2024, the District has entered into a Contract for Deed to purchase real property in the City of Eden Prairie identified as Hennepin County PID No. 28-116-22-32-0005 (the “Property”);
WHEREAS, in 2003, the City adopted Resolution No. 2003-143 levying special assessments for City project I.C. 99-5484, which included a special assessment against the Property in the amount of $120,761.23, payable in equal installments beginning in 2004, over 20 years at 6.5% interest (the “Special Assessment”); WHEREAS, as part of the District’s contract for the Property, the District has agreed to assume the obligation to pay the Special Assessment and any interest accrued thereon; WHEREAS, due to its status as a qualifying agricultural property under Minn. Stat. § 273.111, the Property’s Special Assessment was deferred for as long as the Property remained a
qualifying agricultural property under Minn. Stat. § 273.111; WHEREAS, upon the transfer of the Property to the District via the Contract for Deed, the Property lost its status as a qualifying agricultural property under Minn. Stat. § 273.111; WHEREAS, under Minn. Stat. § 273.111, subd. 11, “when such property no longer qualifies under subdivision 3 or 3a., all deferred special assessments plus interest shall be payable in equal installments spread over the time remaining until the last maturity date of the bonds issued to finance the improvement for which the assessments were levied. If the bonds have matured, the deferred special assessments plus interest shall be payable within 90 days.”;
WHEREAS, the bonds issued to finance the improvement for which the Special Assessment was levied have matured, and as a result the Special Assessment, plus interest, is payable within 90 days after the Property was transferred to the District; WHEREAS, as of the date of this Agreement, the outstanding balance of the Special Assessment, including accrued interest, is $274,128.64; WHEREAS, the District has requested that the City allow additional time for payment of the Special Assessment beyond the 90 days provided by the statute, and the City has agreed to
grant the request, subject to the terms and conditions of this Agreement.
2
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the
District agree as follows:
1. Termination of Special Assessment. Upon approval of this Agreement, the City will adopt, execute, and provide to the Hennepin County Assessor’s Office a resolution terminating the Special Assessment, in the form attached hereto as Exhibit A.
2. Agreement to Pay Outstanding Balance. In consideration of the City’s termination of the Special Assessment, the District hereby agrees and promises to pay to the City the principal sum of Two Hundred Seventy-Four Thousand, One Hundred Sixty-Eight and 24/100 Dollars ($274,128.64), plus interest at the rate of 6% per annum beginning on the date of
this Agreement (the “Outstanding Balance”).
3. Term; Prepayment. Full payment of the Outstanding Balance evidenced by this Agreement, plus any interest incurred, must be made within two (2) years of the date of this Agreement (the “Term”). The Outstanding Balance may be prepaid in full or in part at any time during the Term. Partial prepayments shall be applied against the outstanding principal balance.
4. Confession of Judgment. The District hereby confesses judgment in the amount of $307,024.08 (the “Confession Amount”), which represents the principal amount plus the total amount of interest payable through the end of the Term, as described in paragraph 2. A Confession of Judgment, attached hereto as Exhibit B and executed by the District
contemporaneously with execution of this Agreement, serves as security for this Agreement. The Confession of Judgment may be filed in Hennepin County District Court in the event of the District’s failure to pay the Outstanding Balance in accordance with the terms of this Agreement.
5. Notice of Default. City agrees that, if it intends to file the Confession of Judgment, the City will give the District written notice of the default. The notice will provide the District with at least thirty (30) days to cure the default and will inform the District that failure to cure the default within such time period may result in the City’s filing of the Confession of Judgment.
6. Attorney’s Fees, Defense and Indemnification. In the event the District fails to pay the Outstanding Balance to the City as required by this Agreement and the City employs attorneys or incur other expenses for the collection of the amounts due hereunder, the District will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. In the event that Larry Koch brings a court action against the City
challenging the City’s legal authority to enter into this Agreement, the District agrees to defend and indemnify the City for all costs and expenses incurred by the City, including reasonable attorneys’ fees, provided that the City will first tender such action to the League of Minnesota Cities Insurance Trust for coverage under the City’s policy. The District agrees to be responsible for any defense and/or indemnification costs incurred by the City
and not covered by its insurance, including any applicable deductible. The City agrees that its interests in any such action may be represented by legal counsel currently provided by
3
the League of Minnesota Cities Insurance Trust to defend the District in its current litigation with Larry Koch.
7. No Assignment. This Agreement may not be assigned or transferred by the District or the
City, in each case, without the other party’s prior written consent.
8. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the
Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin
County, Minnesota.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both
parties.
[signatures on following pages]
4
CITY OF EDEN PRAIRIE
___________________________ Ronald A. Case Mayor
____________________________ Rick Getschow
City Manager
Dated: April 16, 2024
RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT
By:
Name: Dorothy Peder n
Its: President
Dated: 3 / z_q 2-4-1
[Signature Page to Agreement Regarding Deferred Special Assessments]
6
EXHIBIT A
Form of Resolution
7
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____ A RESOLUTION TO TERMINATE A SPECIAL ASSESSMENT DEFERRED UNDER MINN. STAT. § 273.111
WHEREAS, Green Acres is a tax deferral program for certain qualifying agricultural properties pursuant to Minn. Stat. § 273.111; and WHEREAS, on October 7, 2003, the City of Eden Prairie (“City”) adopted Resolution No.
2003-143 levying multiple special assessments, including for project I.C. 99-5484 (the “Special
Assessment”); and WHEREAS, the Special Assessment for Parcel Identification No. 32-116-22-32-0005 (the “Property”), was $120,761.23, payable in equal installments beginning in 2004, over 20 years at 6% interest; and
WHEREAS, due to its status as a qualifying agricultural property under Minn. Stat. § 273.111, the Property’s Special Assessment was deferred for as long as the Property remained a qualifying agricultural property under Minn. Stat. § 273.111; and WHEREAS, as of April 3, 2024, the Property lost its status as a qualifying agricultural property under Minn. Stat. § 273.111; and WHEREAS, the owner of the Property has made alternate arrangements with the City to payoff the outstanding balance of the Special Assessment and has requested that the City terminate
the Special Assessment; and WHEREAS, Hennepin County requires a formal resolution from the City Council regarding any changes to a levied special assessment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Eden Prairie, that the Special Assessment levied upon the Property by Resolution No. 2003-143 is hereby terminated and released from the Property. ADOPTED by the City Council of the City of Eden Prairie this 3rd day of April, 2024.
[Not to be Signed] ATTEST: Ronald A. Case, Mayor
[Not to be Signed] David Teigland, City Clerk
8
EXHIBIT B
Confession of Judgment
9
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: 3B – OTHER CONTRACT
City of Eden Prairie, Plaintiff,
vs. Riley Purgatory Bluff Creek Watershed District, Defendant.
Court File No. _____________ CONFESSION OF JUDGMENT
The undersigned Riley Purgatory Bluff Creek Watershed District (“Defendant”), hereby
confesses judgment in favor of Plaintiff City of Eden Prairie (“City”) for the sum of $307,024.08,
plus interest at the applicable judgment rate from the date hereof. The sum of $307,024.08, is justly due, and the Defendant hereby authorizes the entry of judgment against it for said amount, less any amounts previously paid, with interest at the prevailing judgment rate from the date hereof until duly paid in full.
The Defendant hereby executes this Confession of Judgment (the “Confession”) pursuant
to Minnesota Statutes § 548.22, and as for such purpose, states and agree as follows:
1. This Confession is for a debt due and owing to the City based on the facts set forth herein.
2. On April 3, 2024, the Defendant and City entered into an Agreement Regarding
Deferred Special Assessments (“Agreement”) whereby it agreed to pay to the City the amount of
$274,128.64, plus interest at 6% per annum (the “Outstanding Balance”) in exchange for the City’s termination of a special assessment previously levied by the City against Defendant’s property and deferred under the Green Acres law, Minn. Stat. § 273.111.
3. In consideration for the Agreement, the City terminated the special assessment.
4. The Agreement required Defendant to pay to the City the Outstanding Balance with
two (2) years of the date of Defendant’s notice to the City that Defendant’s property no longer qualified for deferral under the Green Acres law.
5. Payment of the Outstanding Balance was due on or before April 16, 2026.
6. Defendant failed to pay the Outstanding Balance to the City by April 16, 2026.
7. The sum of $307,024.08, less any amounts previously paid, plus interest at the
prevailing judgment rate from the date of this Confession, is justly due and owing to the City, and
RILEY PURGATORY BLUFF CREEK WATERSHED
DISTRICT
By:
Dated: 3 / 2. q/ Name: Dorot y Pedersen
Its: President
[Signature Page to Confession of Judgment)
VERIFICATION
I, Dorothy Pederson, being first duly sworn on oath states that I am the President of
Defendant, Riley Purgatory Bluff Creek Watershed District, in the above-named matter, and that I
have read the foregoing Confession of Judgment and know the contents thereof, that the same is
true of my own knowledge on behalf of Defendant, except for those things stated on information
and belief and as to those things I believe them to be true.
Dated: 5 29 I 2- 44
Doro y Pederson
4 ,•••' '''''''''' Amy B Bakkum
STATE OF MINNESOTA
) ss. ''
Notary Public
Minnesota
My corrirrussec Expires January 31, 2025 lo
COUNTY OF 1-kti rt erl
The foregoing Confession of Judgment was signed, verified and acknowledged before me,
a Notary Public, on this 2-914/ day of ,Ak cxrc h. , 2024 by Dorothy Pederson, the
President of Riley Purgatory Bluff Creek Watershed District.
Notary Pu
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____ A RESOLUTION TO TERMINATE A SPECIAL ASSESSMENT DEFERRED UNDER MINN. STAT. § 273.111
WHEREAS, Green Acres is a tax deferral program for certain qualifying agricultural properties pursuant to Minn. Stat. § 273.111; and WHEREAS, on October 7, 2003, the City of Eden Prairie (“City”) adopted Resolution No.
2003-143 levying multiple special assessments, including for project I.C. 99-5484 (the “Special
Assessment”); and WHEREAS, the Special Assessment for Parcel Identification No. 32-116-22-32-0005 (the “Property”), was $120,761.23, payable in equal installments beginning in 2004, over 20 years at
6% interest; and
WHEREAS, due to its status as a qualifying agricultural property under Minn. Stat. § 273.111, the Property’s Special Assessment was deferred for as long as the Property remained a qualifying agricultural property under Minn. Stat. § 273.111; and
WHEREAS, as of April 3, 2024, the Property lost its status as a qualifying agricultural property under Minn. Stat. § 273.111; and WHEREAS, the owner of the Property has made alternate arrangements with the City to
payoff the outstanding balance of the Special Assessment and has requested that the City terminate
the Special Assessment; and WHEREAS, Hennepin County requires a formal resolution from the City Council regarding any changes to a levied special assessment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Eden Prairie, that the Special Assessment levied upon the Property by Resolution No. 2003-143 is hereby terminated and released from the Property.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 2024.
___________________________
Ronald A. Case, Mayor ATTEST: _________________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 23811
Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration for the Rainbow Drive Culvert Replacement
Project
ITEM NO.:
VIII.C.
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration for the Rainbow Drive Culvert Replacement Project in the amount of $50,904.50.
Synopsis This Professional Services Agreement includes construction administration, observation, staking, and record drawings for the culvert replacement project.
Background Information The City of Eden Prairie engaged with SRF to design a replacement culvert and storm improvements for Rainbow Drive. The existing corrugated metal culvert that carries Purgatory
Creek is deteriorated and at the end of its functional lifespan. This project will replace the
corrugated arch culvert with a reinforced concrete box culvert, which will provide greater longevity and lower maintenance. The project will also correct storm sewer and drainage deficiencies in the vicinity of the culvert.
Project Cost Summary
The funding source for the Project is the City’s storm water utility fund. The contract with SRF will be paid on an hourly basis, and the proposed scope of work is estimated to cost $40,904.50 to complete. A contingency of $10,000 is proposed to cover unanticipated construction issues,
bringing the total project cost up to an amount not to exceed $50,904.50.
Attachment Professional Services Agreement
2024 03 08
Version 2024 03 08
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _ 16 th_ day of April, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group_ (“Consultant”), a Minnesota Corporation (hereinafter “Consultant”) whose business address is 3701 Wayzata Blvd Suite 100, Minneapolis,
MN 55416.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for In-Construction Services for Rainbow Drive Box Culvert hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( SRF Letter Dated April 8, 2024) 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 April 16, 2024 through December 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 on an hourly basis plus
expenses in a total amount not to exceed $50,904.50 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
Page 2 of 10 2024 03 08
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 10 2024 03 08
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. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
Page 4 of 10 2024 03 08
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 Aggregate
Page 5 of 10 2024 03 08
$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 Liability policy shall insure the defense and indemnity obligations assumed by
Page 6 of 10 2024 03 08
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 negligent or otherwise wrongful act or omission (including breach of contract) of
Page 7 of 10 2024 03 08
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 mediation unless a longer period of time is provided by agreement of the parties. Cost of
Page 8 of 10 2024 03 08
mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 10 2024 03 08
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 10 2024 03 08
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor ______________________________ _____
City Manager CONSULTANT
By:
Its:
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity/Affirmative Action Employer
SRF 17686.PP
April 8, 2024
Mr. Patrick Sejkora, PE
Water Resources Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Subject: Proposal for Professional In-Construction Services for Rainbow Drive Box Culvert,
Bridge No. 27J82, CP 23811
Dear Mr. Sejkora:
SRF Consulting Group, Inc. (SRF) has been assisting the City by preparing the final design of the
Rainbow Drive Box Culvert project. The project was recently bid and is in the award phase, and we
are prepared to support the City with professional services during the construction of this project.
Scope of Services
Our scope of work will include construction contract administration, part-time construction
inspection, construction staking, materials compliance, as-built plans, and design support necessary
for shop drawing review and plan clarifications. Field sampling and testing will be coordinated by
SRF but will be performed by others.
Assumptions
We have developed our scope of services based on the following assumed project schedule:
• The project is anticipated to be awarded on April 2, 2024.
• Anticipate a construction start date of June 15, 2024, with primary construction completed
by August 30, 2024. Anticipated to be four weeks of active construction.
• August 31, 2024, to October 31, 2024 – Punch list and minor work (assume one week of
active work).
• Material testing will be completed by a separate consultant contracted directly to the City.
• The City will provide resident communication and periodic inspections to be coordinated
with SRF’s inspection efforts.
Keeping the project on schedule may be the most significant factor that will impact our proposed
construction services budget. However, as with any construction project, other factors beyond our
control (such as weather or contractor efficiency and progress) can influence the time required to be
Mr. Patrick Sejkora, PE April 8, 2024
City of Eden Prairie Page 2
spent on construction services. For these reasons, we have included a budget contingency in the
event that the estimated budget is exhausted due to factors beyond our ability to control.
Basis of Payment/Budget
We propose to be reimbursed for our services on an hourly basis for the actual time expended.
Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and
mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted
monthly for work performed during the previous month. Payment is due within 35 days.
Business miles include only miles traveled in excess of an employee’s normal commute to and from
the office and actual mileage on a construction site, including visits to off-site facilities, such as
material suppliers.
We have estimated the cost of providing professional in-construction services for this project. Each
major task is sub-totaled below. We have made every attempt to include a sufficient estimate of
hours based on our experience with similar projects while providing the City of Eden Prairie with a
reasonable value. The fee shown below has been estimated based on our proposed work plan, our
project experience to date, and our current understanding of the project schedule. The fee has been
computed using our established rates for the City of Eden Prairie.
Changes in the Scope of Services
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
However, before any out-of-scope work is initiated, we will submit a budget request for the new
work and will not begin work until we receive your authorization.
TASK FEE
1. Contract Administration $9,620.00
2. Construction Inspection (50% part-time) $16,020.00
3. Material Sampling and Testing Coordination
(included with Task 2)
$0
4. Construction Surveying $12,420.00
5. As-builts $2,136.00
6. Expenses $708.50
7. Budget Contingency $10,000.00
TOTAL $50,904.50
Mr. Patrick Sejkora, PE April 8, 2024
City of Eden Prairie Page 3
Acceptance/Notice to Proceed
A signed Professional Services Agreement with a copy of this proposal, mailed or emailed to our
office, will serve as our notice to proceed. The email address is bmoore@srfconsulting.com.
We appreciate your consideration of this proposal and look forward to working with you on this
important project. Please feel free to contact us if you have any questions or need additional
information.
Sincerely,
SRF CONSULTING GROUP, INC.
Bob Moore
Vice President
BM/as
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
S:\Marketing\Proposals\2024 Letter Proposals\17686.PP Rainbow Dr CA\20240405_17686.PP_RainbowDrCA.docx
4/8/2024 Page 1 of 4
SRF Consulting Group, Inc.Work Tasks and Person-Hour Estimates
Client:Eden Prairie
Project:Rainbow Drive Box Culvert, CP 23811
Construction Administration Services
Subconsultants:N/A 17686.PP
TASK NO.SUMMARY OF TASKS Project Overview:
1.0 Contract Administration
2.0 Construction Inspection
3.0 Material Sampling and Testing Coordination
4.0 Construction Survey
6.0 As-Built Plans
TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. V PROF. IV PROF. III TECH. IV TECH. II Support TOTALS EST. FEE
General Assumptions
a.It is the goal of this contract to provide Contract Administration, Construction
Inspection, Construction Staking, and materials compliance services for this
project.
b.Project utilizes Local funds
c.Construction anticipated to begin June 15, 2024 to August 30, 2024 with final
completion by October 31, 2024.
e.SRF field staff will provide 50% part-time inspection during active construction,
generally assumed to average 15 hours per week. Active construction is
estimated to be approx. 4 weeks, with an additional 1 week for punch-list.
City of Eden Prairie Responsibilities:
a.Assign a Project Manager to the project who will be the primary point of contact
for all project communications and coordination.
c.Contract seperately with a consultant for material testing services and
geotechnical support.
SRF will provide the following services:
1.0 Contract Administration
Assumptions:
Assume 6 hours/week during active construction and 20 hours for preparation
and final for Project Engineer plus time for design engineers to provide shop
drawing review and plan clariffications
1.1 Contract Administation 4 8 -50 --6 68 $9,620.00
-Schedule and conduct a preconstruction conference, including private utilities for
the project.
-Review Construction Contractor’s Schedule for compliance with the contract
specifications and provide recommendations for acceptance or rejection of
baseline and update schedules to the City Project Manager.
-At least once each month, tabulate the quantity of each pay item satisfactorily
completed to date. Quantities will be based on daily records or calculations. The
tabulation will be used for preparation of the Monthly Pay Voucher.
SRF Consulting Group, Inc. (SRF) has been assisting the City by preparing the final design of the Rainbow Drive Box Culvert project. The project is in the
award phase, and we are prepared to support the City with professional services during construction of this project. Services would include construction
contract administration, construction inspection, construction staking, materials compliance, as-built plans and design support necessary for shop
drawing review and plan clarifications. The project includes local funding. Construction is anticipated to be substantially completed by August 30, 2024.
SRF CONSULTING GROUP, INC.17686.PP ScopeOfWork.xlsx
MINNEAPOLIS. MN
4/8/2024 Page 2 of 4
TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. V PROF. IV PROF. III TECH. IV TECH. II Support TOTALS EST. FEE
-In the event that the construction contractor for the project submits a claim for
additional compensation, SRF will analyze the submittal for consistency with the
project specifications and prepare a recommendation to the City Project Manager
covering validity and reasonableness of the charges and conduct negotiations
leading to recommendations for settlement of the claim. SRF will maintain
complete and accurate records of work involved in claims.
-Review shop drawings and maintain a complete log of all submittals of shop
drawings, noting the dates of first submittal and subsequent reviews and re-
submittals, approvals, etc.
-Assist with coordination between the construction contractor and utility
companies to assure that conflicting utilities are removed, adjusted or protected
in-place in a timely manner to minimize delays to construction operations.
-Videotape and/or photograph the preconstruction conditions throughout the
project limits. Provide a photo record of project activities, with heavy emphasis
on potential claim items/issues, and on easement areas.
-Prepare construction contract change documents, including supplemental
agreements, work orders and/or change orders.
-Obtain, review, distribute, and close-out all required Project permits ensuring
contractor permitted activities meet requirements.
-Perform periodic quality control reviews of project documentation, inspection,
and survey procedures.
-Prepare final project documentation package and provide a copy to the City. This
documentation may include: final quantities, final quantity cost splits, letter
stating conformance of project with project requirements, and material
certification documentation.
SUBTOTAL - TASK 1 4 8 0 50 0 0 68 $9,620.00
2.0 Construction Inspection
Assumptions:
Assume 15 hours/week during active construction, plus additional time for pre-
con prep and project closeout.
2.1 Construction Observation ----90 -90 $16,020.00
-Provide daily observation of the construction contractors operations as necessary
to ensure the contractors operations are consistent with the project contract
documents.
-Provide observation of landscape items through the landscape warranty period.
Coordinate this observation and reporting with the construction contractors
activities.
Maintain on a daily basis complete and accurate records of activities and events
relating to the project
-Attend, and when necessary, direct meetings necessary for close coordination
during day-to-day progress of the work or as required to carry out the
construction contract.
-Perform daily reviews of construction signing, detour signing, and construction
traffic control maintenance. Keep a diary of reviews and recommendations made
to the construction contractor for remedial action to be taken.
-Prepare and submit such periodic, intermediate and final data and records as
may be required by the City and State, and as are applicable to the project.
-Collect documentation, in accordance with the State’s Contract Administration
Manual, for work quantities completed. Measure and compute quantities of all
materials incorporated in the work and items of work completed, and record data
on item record account sheets.
SRF CONSULTING GROUP, INC.17686.PP ScopeOfWork.xlsx
MINNEAPOLIS. MN
4/8/2024 Page 3 of 4
TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. V PROF. IV PROF. III TECH. IV TECH. II Support TOTALS EST. FEE
-Perform reviews of temporary and permanent erosion control measures on the
project for compliance with applicable permits and specifications. Keep a diary
of reviews and recommendations made to the construction contractor for
remedial action to be taken.
-Final Inspection – conduct final inspection with City and State Aid staff and
recommend project acceptance.
-Prepare final documentation of construction pay item quantities, as per the
approved plans, Specifications, Special Provisions, and Contract Administration
Manual.
-Prepare Final Payment Voucher – generate a final voucher and submit to the City
Project Manager for review and approval.
SUBTOTAL - TASK 2 0 0 0 0 90 0 90 $16,020.00
3.0 Material Sampling and Testing Coordination
Assumptions:
Hours for coordinating materials sampling and testing are included in tasks 1
and 2
3.1 Material Sampling and Testing Coordination ------0 $0.00
-Field sampling and testing of grading, concrete and bituminous materials will be
performed by others under a separate contract with the City.
-Materials testing will be done in accordance with the project requirements.
-Produce the necessary concrete, bituminous and grading and base reports and
submit them as required during the same week that the construction work is
done, or as needed to keep the project on schedule.
-Make certain that test report records or certificates of compliance have been
received, prior to the incorporation of materials in the work, for materials tested
off the project site.
-SRF will coordinate with testing firm to prepare a materials certification binder for
the Project and include a copy with the final project documentation.
SUBTOTAL - TASK 3 0 0 0 0 0 0 0 $0.00
4.0 Construction Survey
Assumptions:
SRF surveyors will set all stakes and marks necessary for the construction
contractor to build the project.
4.1 Construction Survey --8 -45 45 98 $12,420.00
-Establish control points
-Construction limits
-Right of way and easements
-Limits for removals
-Alignment and grades for private utility relocates
-Alignment and grades for roadway subgrade and select granular
-Alignment and grades for storm sewer and box culvert
-Alignment and grades for curb and gutter
-Final grades for top of aggregate base
Collect as-built survey information
SUBTOTAL - TASK 4 0 0 8 0 45 45 98 $12,420.00
5.0 As-Built Plans
5.1 As-Built Plans --3 -12 -15 $2,136.00
-Prepare and submit to the City Project Manager a set of as-built plans.
SRF CONSULTING GROUP, INC.17686.PP ScopeOfWork.xlsx
MINNEAPOLIS. MN
4/8/2024 Page 4 of 4
TASK NO.TASK DESCRIPTION PROF. VIII-VII PROF. V PROF. IV PROF. III TECH. IV TECH. II Support TOTALS EST. FEE
-Document changes in plans and specifications for as-built plan preparation.
-Gather the necessary survey information for as-built plan preparation
-Draft as-built plans and submit PDF version
SUBTOTAL - TASK 5 0 0 3 0 12 0 15 $2,136.00
Project Deliverables
-Monthly pay vouchers
-Construction contract change orders
-Diaries, logs, notebooks, accounts and records for project
-Material certifications and testing results
-As-built plans
-Monthly invoices and progress reports
-Draft final voucher
-Final project documentation
TOTAL ESTIMATED PERSON-HOURS 4 8 11 50 147 45 6 0 0 271
AVERAGE HOURLY BILLING RATE $236.00 $167.00 $0.00 $136.00 $178.00 $98.00 $90.00 $0.00 $0.00
ESTIMATED LABOR AND OVERHEAD $944.00 $1,336.00 $0.00 $6,800.00 $26,166.00 $4,410.00 $540.00 $0.00 $0.00 $40,196.00
SRF ESTIMATED DIRECT NON-SALARY EXPENSES $708.50
$40,904.50
$0.00
TOTAL ESTIMATED FEE (SRF and Subconsultants combined)$40,904.50
SRF ESTIMATE OF DIRECT NON-SALARY EXPENSES:
MILEAGE:Personal Vehicles 700 Miles @ $0.655 $458.50
SUPPLIES:Survey Materials $250.00
SRF EXPENSES:$708.50
SUBTOTAL: (SRF Labor and Expenses)
SUBCONSULTANTS:
SRF CONSULTING GROUP, INC.17686.PP ScopeOfWork.xlsx
MINNEAPOLIS. MN
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24801
Award Contract for the 2024 Pavement Rehab Project to Bituminous Roadways, Inc.
ITEM NO.:
VIII.D.
Requested Action
Move to: Award the Contract for 2024 Pavement Rehab Project to Bituminous Roadways, Inc. in the amount of $3,632,850.00. Synopsis
Sealed bids were received on Thursday, April 4, 2024 for the 2024 Pavement Rehab Project. Five (5) bids were received and are summarized below. The low bid in the amount of $3,632,850.00 was submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and recommends awarding the contract for the project to Bituminous Roadways, Inc. in the amount of $3,632,850.00.
Bid Summary: Bituminous Roadways, Inc. $3,632,850.00 Park Construction Company $3,783,125.00 S.M. Hentges & Sons, Inc. $3,848,595.00
GMH Asphalt Corporation $3,995,849.00 Asphalt Surface Technologies Corp. $4,002,927.00 Background Information
The Bituminous Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The majority of funding is generated from the Pavement Management CIP. The Pavement Management CIP is funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota Valley
Electric collecting monies annually for pavement maintenance. Other payment sources come from State Aid funding. The pavement maintenance CIP fund also finances seal coating and other pavement improvement projects. Attachment
• Contract
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Bituminous Roadways Inc., hereinafter referred to as the “CONTRACTOR.” WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. 24801 – 2024 Bituminous Pavement Rehab Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required
quantities is estimated to be $3,632,850.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond
g. Responsible Contractor Verification Form
(2) Special Conditions (3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: April 16, 2024
DEPARTMENT / DIVISION:
Public Works
Gerald Byington / Fleet Services
ITEM DESCRIPTION:
Police Vehicle Replacement
ITEM NO.:
VIII.E.
Requested Action Move to: Authorize purchase of one 2024 Jeep Grand Cherokee 4X4 from National Auto Fleet Group for $50,463.34.
Synopsis This vehicle is scheduled for replacement due to its high mileage. This action will authorize purchase of one 2024 Jeep Grand Cherokee 4X4 currently in stock for replacement of a police inspector’s vehicle (unit # 251). This vehicle will be purchased from National Auto Fleet Group which is a Sourcewell CPV Contract
# 091521-NAF. Cost of this vehicle under contract price is $50,463.34 which includes delivery to City of Eden Prairie. The vehicle is a vehicle currently in stock at the National Auto Fleet Group dealership in Watsonville CA. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized.
Attachments
Vehicle cost and delivery quote
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION: I.C. 08-5731
Approve Professional Services Agreement with AE2S for Sanitary Sewer Modelling Services
ITEM NO.:
Requested Action
Move to: Approve a professional services agreement with Advanced Engineering and
Environmental Services (AE2S) in the amount of $31,800 for the development of a discrete hydraulic model of the City’s sanitary sewer collection system.
Synopsis
The City of Eden Prairie Utilities Division requires a digital, hydraulic model of the city’s sanitary sewer system for planning infrastructure support of future growth and development.
Background Information
AE2S was engaged in 2008 to develop a discrete hydraulic model of the City’s water distribution system for the purpose of evaluating and optimizing the performance of the city’s pipe network and water supply systems as future growth and development occur. The model became incredibly useful in evaluating water system pressures and water supply availability in advance of taking each of the City’s water storage tanks out of service for several months for
reconditioning. Staff continues to use the model when assessing the expansion of the distribution system into new developments and performing routine evaluations of treatment plant production schemes on the system as a whole. AE2S was also hired to develop a small-scale sanitary sewer model of a portion of the City that would be impacted by the SWLRT construction. The model simulated future growth planned along the corridor and enabled us to
plan the appropriate sizing of sewer mains beneath the railroad ROW before construction of the rails began. This project would extend the reach of SWLRT model into the remainder of the City’s sewer collection network. As we expand public sanitation services into unserved sections of the community, this model will assist staff in properly designing sewer infrastructure and determining costs for these improvements. Payments for the project will be provided by the
wastewater utility enterprise fund.
Attachment
•Professional Services Agreement
VIII.F.
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _16th_ day of_April_, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering & Environmental Services, LLC. (AE2S)_ (“Consultant”), a North Dakota _limited liability company_ (hereinafter “Consultant”) whose
business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_.
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 _completion of the City’s sanitary sewer system discrete hydraulic model_ 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 inExhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to bethe 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 partof Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect inany manner.
2.Term. The term of this Agreement shall be from _April 16, 2024_through _April 15 ,
2025_ the date of signature by the parties notwithstanding. This Agreement may beextended upon the written mutual consent of the parties for such additional period as theydeem 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 $ 31,800 for the services as described in ExhibitA.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Consultant shall require prior written approval by anauthorized 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 thecomplex or specialized nature of the Project and when authorized in writing by theCity.
c.If Consultant is delayed in performance due to any cause beyond its reasonablecontrol, including but not limited to strikes, riots, fires, acts of God, governmental
Page 2 of 10 2021 04 22
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4.City Information. The City agrees to provide the Consultant with the completeinformation 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 benecessary, the City shall obtain access to and make all provisions for the Consultantto enter upon public and private lands or property as required for the Consultant toperform such services necessary to complete the Work.
b.Consideration of the Consultant's Work. The City shall give thoroughconsideration to all reports, sketches, estimates, drawings, and other documentspresented by the Consultant, and shall inform the Consultant of all decisionsrequired of City within a reasonable time so as not to delay the work of theConsultant.
c.Standards. The City shall furnish the Consultant with a copy of any standard orcriteria, including but not limited to, design and construction standards that may berequired in the preparation of the Work for the Project.
d.City's Representative. Utility Manager, Rick Wahlen shall be appointed to act asthe City's representative with respect to the work to be performed under thisAgreement. He or she shall have complete authority to transmit instructions,receive information, interpret, and define the City's policy and decisions withrespect 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, anitemized invoice for professional services performed under this Agreement. Invoicessubmitted 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 shallindicate 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 statementssubmitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultantshall provide an itemized listing and such documentation as reasonably required bythe City. Each invoice shall contain the City’s project number and a progresssummary 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 wholeor in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 10 2021 04 22
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c.Payments for Special Consultants. The Consultant shall be reimbursed for the workof special consultants, as described herein, and for other items when authorized inwriting 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 thatthis account, claim, or demand is just and correct and that no part of it has beenpaid.”
6.Project Manager and Staffing. The Consultant shall designate Brian Weiss as Project
Manager and notify the City in writing of the identity of anyone working in support of theproject manager if it becomes necessary. The Project Manager shall be assisted by otherstaff members as necessary to facilitate the completion of the Work in accordance with theterms established herein. Consultant may not remove or replace the Project Managerwithout the approval of the City.
7.Standard of Care. Consultant shall exercise the same degree of care, skill and diligencein the performance of its services as is ordinarily exercised by members of the professionunder similar circumstances in Hennepin County, Minnesota. Consultant shall be liable tothe 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. Consultantshall put forth reasonable efforts to complete its duties in a timely manner. Consultantshall not be responsible for delays caused by factors beyond its control or that could not bereasonably foreseen at the time of execution of this Agreement. Consultant shall beresponsible 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 writtennotice delivered to the other party at the address written above. Upon termination underthis 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, theCity terminates the Agreement because the Consultant has failed to perform in accordancewith this Agreement, no further payment shall be made to the Consultant, and the City mayretain another consultant to undertake or complete the Work identified herein.
9.Subcontractor. The Consultant shall not enter into subcontracts for services providedunder this Agreement except as noted in the Scope of Work, without the express writtenconsent of the City. The Consultant shall pay any subcontractor involved in theperformance of this Agreement within ten (10) days of the Consultant's receipt of paymentby 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 Consultanthas received payment by the City, the Consultant shall pay interest to the subcontractor onthe unpaid amount at the rate of 1.5 percent per month or any part of a month. The
Page 4 of 10 2021 04 22
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10.Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to thisAgreement, who shall be employees, and under the direction, of Consultant and in norespect employees of City, and (ii) shall have no authority to employ persons, or makepurchases of equipment on behalf of City, or otherwise bind or obligate City. No 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 andpay for such insurance as will protect against claims or loss which may arise out ofoperations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shallinclude, but not be limited to, minimum coverages and limits of liability specified inthis Paragraph, or required by law.
b.If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meetingall the requirements of this paragraph 11, and Consultant must include in its contractwith subcontractors the requirement that the City be listed as an additional insured oninsurance required from subcontractors. In such case, prior to a subcontractorperforming any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicatingthat the City is an additional insured on the subcontractor’s insurance policy; and (ii)submit to the City a copy of Consultant’s agreement with the subcontractor for purposesof the City’s review of compliance with the requirements of this paragraph 11.
c.Consultant shall procure and maintain the following minimum insurance coverages andlimits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
Page 5 of 10 2021 04 22
Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d.Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under aninsured contract (including the tort liability of another assumed in a business contract).There shall be no endorsement or modification of the Commercial General Liabilityform arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e.Professional Liability Insurance. In addition to the coverages listed above, Consultantshall maintain a professional liability insurance policy in the amount of $2,000,000.Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.Consultant agrees to maintain the professional liability insurance for a minimum of two(2) years following termination of this Agreement.
f.Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is notavailable.
g.All policies, except the Worker’s Compensation Policy, Automobile Policy, andProfessional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h.All policies, except the Professional Liability Policy, shall apply on a “per project”basis.
i.All General Liability policies, Automobile Liability policies and Umbrella policiesshall contain a waiver of subrogation in favor of the City.
j.All policies, except for the Worker’s Compensation Policy and the ProfessionalLiability Policy, shall be primary and non-contributory.
k.All polices, except the Worker’s Compensation Policy, shall insure the defense andindemnity obligations assumed by Consultant under this Agreement. The Professional
Page 6 of 10 2021 04 22
Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
Page 7 of 10 2021 04 22
negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i.Furnish and pay for a surety bond, satisfactory to the City, guaranteeingperformance 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, andemployees and hold them harmless from and against all judgments, claims, damages, costsand expenses, including a reasonable amount as and for its attorney’s fees paid, incurredor for which it may be liable resulting from any breach of this Agreement by Consultant,its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors andemployees, relative to this Agreement. City will indemnify and hold Consultant harmlessfrom and against any loss for injuries or damages arising out of the negligent acts of theCity, its officers, agents or employees.
13.Ownership of Documents. All plans, diagrams, analyses, reports and informationgenerated in connection with the performance of the Agreement (“Information”) shallbecome the property of the City, but Consultant may retain copies of such documents asrecords of the services provided. The City may use the Information for its purposes and theConsultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve anyliability on the part of the Consultant, but any use of the Information by the City or theConsultant beyond the scope of the Project is without liability to the other, and the partyusing the Information agrees to defend and indemnify the other from any claims or liabilityresulting therefrom.
14.Mediation. Each dispute, claim or controversy arising from or related to this agreementshall be subject to mediation as a condition precedent to initiating arbitration or legal orequitable actions by either party. Unless the parties agree otherwise, the mediation shallbe in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing withthe American Arbitration Association and the other party. No arbitration or legal orequitable action may be instituted for a period of 90 days from the filing of the request for
Page 8 of 10 2021 04 22
mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 10 2021 04 22
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23.Governing Law. This Agreement shall be controlled by the laws of the State ofMinnesota.
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 toemployees 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 itssubcontractors for such work to incorporate such requirements in all subcontracts forprogram work. The Consultant further agrees to comply with all aspects of the MinnesotaHuman Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of1964, 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 inaccordance with this Agreement if it is directed to either party by delivering it personallyto an 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 a
nationally 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 address
for 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.
26.Rights and Remedies. The duties and obligations imposed by this Agreement and therights 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 notspecifically provided for herein shall be honored by the City.
28.Severability. The provisions of this Agreement are severable. If any portion hereof is, forany reason, held by a court of competent jurisdiction to be contrary to law, such decisionshall not affect the remaining provisions of this Agreement.
29.Statutory Provisions.a.Audit Disclosure. The books, records, documents and accounting procedures andpractices of the Consultant or other parties relevant to this Agreement are subject to
Page 10 of 10 2021 04 22
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b.Data Practices. Any reports, information, or data in any form given to, or preparedor assembled by the Consultant under this Agreement which the City requests to be keptconfidential, shall not be made available to any individual or organization without theCity'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 thefunctions of the City during performance of this Agreement is subject to the requirementsof the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shallnot affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor
______________________________ _____
City Manager
CONSULTANT – Advanced Engineering & Environmental Services, LLC
_______________________________________ By:
Its:
Re: Proposal to City of Eden Prairie from AE2S
Sanitary Sewer Model Development
Dear Rick:
Advanced Engineering and Environmental Services, Inc. (CONSULTANT) proposes to render
professional engineering services (Assignment) to the City of Eden Prairie (CITY).
Scope of Basic Services
CONSULTANT will perform the following tasks:
A.General Services
1.Provide project management and administration services.2.Provide the CITY with all materials and documentation related to the Water
Distribution Model with the CITY having full ownership.
B.Complete the development of the hydraulic model for the overall sanitary sewer collection
system based latest GIS data.
1.Project kickoff meeting, coordination of data, and discuss model development
steps.2.Obtain GIS data of the wastewater collection system.3.Review and cleanup of GIS data and coordination with the CITY.4.Import data for pipe invert elevations.5.Adjustment/verification of inverts within the sewer model.6.Verify lift station and forcemain setup and characteristics.7.Model review gravity sewer data.8.Complete development of model using InfoSewer by Innovyze.
C.Develop and allocate base flow information using water customer meter data from winter
demand period.
1.Obtain billing record information for individual meters.2.Link billing records with GIS based addresses to mapped meters.
Exhibit A - Scope of Services
January 22, 2024
City of Eden Prairie
Rick Wahlen
Manager of Utility Operations
14100 Technology Dr.
Eden Prairie, MN 55344
3.Review sewersheds and contributing areas.
4.Verify large flow users are properly located within model.
5.Allocate demands from mapped billing records based on winter water usage to
calculate base sanitary flow.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by
the CITY, CONSULTANT will provide services beyond the scope of this Agreement on an hourly
basis in accordance with the Hourly Fee Schedule attached as Exhibit A(1).
A.Modeling services to support operational decisions, system planning, and conceptual
design of capital projects including the following deliverables:
1.Maps and documentation2.Technical memoranda
B.Modeling sessions with CITY and CONSULTANT's staff to use the model for staff training
including the following deliverables:
1.Individual working sessions as requested by the CITY2.System maps and information as defined by the working session3.Distribute a summary of results from each working session
C.Related consulting services not explicitly described herein, as requested by the CITY.
D.Consultation Services
1.Provide communication and coordination as required for Engineer to complete
services requested by the CITY.2.Participate in conference calls and meetings as requested by the CITY.3.Review documentation provided by the CITY as appropriate to complete
requested services.4.Provide services in a one year contract for support of water distribution system
modeling, including support to CITY staff on an as needed basis.
CLIENT’S Responsibilities
CITY shall do the following in a timely manner, so as not to delay the services of CONSULTANT:
1.Designate a person to act as CITY’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit
instructions, receive information, and interpret and define CITY’s policies and
decisions with respect to services for the Assignment.
Exhibit A - Scope of Services
City of Eden Prairie
Proposal to City of Eden Prairie from AE2S
Sanitary Sewer Model Development
Page 2 of 6
2.Provide relevant information regarding requirements for the Assignment.CONSULTANT shall be entitled to use and rely upon all information provided by
CITY or others in performing CONSULTANT’s services under this Agreement.3.Provide access to relevant data sufficient for CONSULTANT to performs its services
under this Agreement.4.CITY shall, so long as CONSULTANT is not in default, promptly pay CONSULTANT for
such services as have been performed satisfactorily hereunder in accordance with
the fee terms set forth herein.
CITY shall bear all costs incident to compliance with its responsibilities pursuant to this section.
Fees
CONSULTANT shall render services under this Agreement on an hourly basis, in accordance with
the Hourly Fee Schedule attached as Exhibit A(1), not to exceed the following without written
authorization from CITY, plus reimbursement for all project related expenses. To complete the
scope of services above , CONSULTANT proposes the following fee estimates:
•Task No. 1 – Hydraulic Model Development $22,800
•Task No. 2 – Develop and Allocate Base Flow Information $9,000
•Total for Tasks Nos. 1 & 2 $31,800
•Task No. 3 – Modeling Support – As requested Hourly Basis
Fees are total costs, including all professional fees, expenses, travel, etc.
Performance Schedule
CONSULTANT shall use commercially reasonable efforts to complete Basic Services within a
reasonable time period. Upon receiving Notice to Proceed, the following are time frames for
completing each task.
•Task No. 1 – Hydraulic Model Development 6-8 weeks
•Task No. 2 – Develop and Allocate Base Flow Information 3-4 weeks
•Total for Tasks Nos. 1 & 2 9-12 weeks
•Task No. 3 – Modeling Support – As requested dependent on request
Exhibit A - Scope of Services
City of Eden Prairie
Proposal to City of Eden Prairie from AE2S
Sanitary Sewer Model Development
Page 3 of 6
Brian Weiss, PE
Hydraulic Modeling Engineer
Exhibit A - Scope of Services
City of Eden Prairie
Proposal to City of Eden Prairie from AE2S
Sanitary Sewer Model Development
Page 4 of 6
Thank you for the opportunity to assist with this service and we look forward to working with you!
Sincerely,
AE2S
Exhibit A(1) – Hourly Fee and Expense Schedule Page 1 of 2
This is EXHIBIT A(1), consisting of 2 pages, referred to in andpart of the Agreement between CITY and CONSULTANT dated1/22/2024. Hourly Fee and Expense Schedule
Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to annual adjustment effective January 1.
Labor Rates* Administrative 1 $67.00 Administrative 2 $82.00 Administrative 3 $99.00
Communications Specialist 1 $109.00 Communications Specialist 2 $127.00
Communications Specialist 3 $146.00 Communications Specialist 4 $176.00 Communications Specialist 5 $194.00
Construction Services 1 $130.00 Construction Services 2 $159.00
Construction Services 3 $176.00 Construction Services 4 $195.00
Construction Services 5 $216.00
Engineering Assistant 1 $88.00 Engineering Assistant 2 $103.00
Engineering Assistant 3 $130.00 Engineer 1 $140.00
Engineer 2 $168.00 Engineer 3 $197.00 Engineer 4 $228.00 Engineer 5 $244.00
Engineering Technician 1 $87.00
Engineering Technician 2 $109.00 Engineering Technician 3 $131.00 Engineering Technician 4 $146.00 Engineering Technician 5 $167.00
Financial Analyst 1 $116.00
Financial Analyst 2 $132.00 Financial Analyst 3 $159.00
Financial Analyst 4 $173.00 Financial Analyst 5 $193.00
GIS Specialist 1 $109.00
GIS Specialist 2 $132.00 GIS Specialist 3 $156.00
GIS Specialist 4 $174.00 GIS Specialist 5 $194.00
I&C Assistant 1 $104.00 I&C Assistant 2 $129.00 I&C 1 $154.00 I&C 2 $182.00
I&C 3 $205.00 I&C 4 $218.00
I&C 5 $228.00
IT 1 $135.00 IT 2 $182.00
IT 3 $223.00
Land Surveyor Assistant $99.00 Land Surveyor 1 $119.00
Land Surveyor 2 $144.00 Land Surveyor 3 $163.00
Land Surveyor 4 $179.00 Land Surveyor 5 $197.00
Operations Specialist 1 $104.00
Operations Specialist 2 $130.00 Operations Specialist 3 $161.00 Operations Specialist 4 $184.00 Operations Specialist 5 $206.00
Project Coordinator 1 $120.00
Project Coordinator 2 $135.00 Project Coordinator 3 $150.00 Project Coordinator 4 $166.00 Project Coordinator 5 $187.00
Project Manager 1 $213.00
Project Manager 2 $233.00 Project Manager 3 $249.00
Project Manager 4 $264.00 Project Manager 5 $282.00
Project Manager 6 $295.00
Sr. Designer 1 $185.00 Sr. Designer 2 $205.00
Sr. Designer 3 $220.00
Sr. Financial Analyst 1 $218.00 Sr. Financial Analyst 2 $239.00
Sr. Financial Analyst 3 $259.00
Technical Expert 1 $335.00 Technical Expert 2 Negotiable
Exhibit A - Scope of ServicesPage 5 of 6
Exhibit A(1) – Hourly Fee and Expense Schedule Page 2 of 2
$0.75/mile $0.95/mile $0.30/copy $1.00/s.f. $100.00/day $50.00/day $35.00/hour $25.00/hour $50.00/hour $100.00/day $75.00/month $26.00/month $280.00/hour cost * 1.15 cost * 1.30 cost * 1.15 cost * 1.20 Negotiable
*Position titles are for labor rate grade purposes only.
These rates are subject to adjustment each year on January 1.
Exhibit A - Scope of ServicesPage 6 of 6
Reimbursable Expense Rates
Transportation Survey Vehicle Laser Printouts/Photocopies Plotter Printouts UAS - Photo/Video Grade UAS – Survey Total Station – Robotic Mapping GPS Fast Static/RTK GPS All-Terrain Vehicle/Boat Cellular Modem Web Hosting Legal Services Reimbursement Outside Services Geotechnical Services Out of Pocket Expenses Rental Car Project Specific Equipment
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION:
Award Contract for 2024 Mudjacking to Metro Concrete Raising Inc.
ITEM NO.:
VIII.G.
Requested Action
Move to: Award Contract for the 2024 Mudjacking of curb and sidewalk panels to Metro Concrete Raising Inc for a cost not to exceed $50,000. Synopsis
A request for quotes was sent out for the Mudjacking of curb and sidewalk panels on March 14, 2024. Quotes were received by March 28, 2024, with Metro Concrete Raising being the lowest qualifying bid. Bidder Estimate
Northstar Mudjacking and More No Bid – Concrete Out of Business
Metro Concrete Raising $34,800.00
Background Information
This contract aims to help Streets and Parks Division Staff with the preservation of curb and
sidewalk infrastructure. Decreasing trip hazards on walks and maintaining positive flow of storm water throughout the city and in the overlay area. Attachments
Contract
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 16th day of April 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Metro Concrete Raising Inc,, a Minnesota company (hereinafter "Contractor") whose business address is 12501 Rhode Island Ave, Savage, MN 55378.
. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for mudjacking of concrete curb, gutter, and sidewalk panels throughout The City (hereinafter referred to as the "Work").
The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with the attached Exhibit A.
2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by November 30, 2024.
3. Compensation for Services. City agrees to pay the Contractor a cost not to exceed $50,000
based on unit prices described and as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A (Special Provisions and Quote Form).
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract 2018 08 01 Page 2 of 12
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and
that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each
of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract 2018 08 01 Page 3 of 12
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract 2018 08 01 Page 4 of 12
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract 2018 08 01 Page 5 of 12
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
Standard Construction Contract 2018 08 01 Page 6 of 12
The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
17. Responsible Contractor
Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct
contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 18. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
19. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of
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
Standard Construction Contract 2018 08 01 Page 7 of 12
this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
Standard Construction Contract 2018 08 01 Page 8 of 12
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
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
Standard Construction Contract 2018 08 01 Page 9 of 12
any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss
for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Contract (“Information”) shall become the
property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
Standard Construction Contract 2018 08 01 Page 10 of 12
American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation
of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
Standard Construction Contract 2018 08 01 Page 11 of 12
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such
change.
35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Scott Riley
Public Works/Streets Division
ITEM DESCRIPTION:
Award Contract for 2024 Crack Seal Project to Northwest Asphalt and Maintenance
ITEM NO.:
VIII.H.
Requested Action
Move to: Award contract for 2024 Crack Sealing Project to Northwest Asphalt and Maintenance in the amount of $29,775.00. Synopsis
Quotes were received Thursday, March 38, 2024, for the 2024 Crack Sealing project. Three quotes were received and are tabulated as follows:
Northwest Asphalt and Maintenance $29,775.00
Fahrner Asphalt Sealers LLC $31,455.00
ASTECH Inc $34,200.00 Allied Blacktop Company NO BID
Staff has reviewed the quotes and recommends awarding the contract to Northwest Asphalt and Maintenance in the amount of $29,775.00. Background Information
Bituminous crack sealing is an annual street maintenance project. Crack sealing for bituminous trails has also been included in the project. The street quantities include some of the recent overlay areas.
Bituminous crack sealing of roads is funded by Pavement Management account 5091.6339. The
trail and parking lots crack sealing portion of the project is funded through the Parks Division under maintenance. The crack sealant material has been purchased by the Streets Maintenance Division separately and this contract award is for the placement of the sealant material.
Attachment Contract
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 16, 2024
DEPARTMENT/DIVISION:
Scott Riley
Public Works/Streets Division
ITEM DESCRIPTION:
Award Contract for Street Striping and Pavement Marking to Sir Lines-A-Lot LLC
ITEM NO.
VIII.I.
Requested Action
Move to: Award contract for 2024 Striping and Pavement Marking to Sir Lines-A-Lot LLC in the amount of $127,840.00. Synopsis
Quotes were received Thursday, March 21, 2024, for the Pavement Marking project. Two quotes were received and are tabulated as follows: Sir Lines-A-Lot LLC $127.840.00 Warning Lites NO BID
Background Information Street striping is an annual street maintenance project. The budget for 2024 is $135,000 under budget #1714-6337. The difference between the budgeted amount for striping and the actual
quoted cost will be paid for through Pavement Management Funds. Staff recommends award to Sir Lines-A-Lot LLC. Attachment
Contract
CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this 16th day of April 2024, by and between City of Eden Prairie, hereinafter referred to as the "CITY", and Sir Lines-A-Lot LLC, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: 2024 Pavement Marking Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $127,840.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Proposal Form b. Construction Short Form Contract c. Specifications and Special Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________
Sir Lines-A-Lot, LLC
Chaise VanOverbeke, President
Cassidy Davey, Project Accountant
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 16, 2024
DEPARTMENT / DIVISION
Administration Joyce Lorenz, Communications
ITEM DESCRIPTION
Granicus, LLC Services Renewal
ITEM NO.
VIII.J.
Requested Action
Move to: Approve a contract for three-year renewal with Granicus, LLC for Website Hosting services, Email/Text Subscription services and Streaming Video services. Synopsis
The City of Eden Prairie uses three subscription services provided by Granicus for its website hosting, email/texting service and streaming video. These services are currently under separate contracts and renewal dates. This new contract combines all three contracts into one, with a three-year performance period. The annual rate for these services in the first year is $52,679.86; the second year is $56,367.46; and the third year is $60,313.17, or $169,360.49 total over the three-year performance period.
Attachment Granicus, LLC Contract for Products and Services
2017 06 10
Contract for Products and Services
This Contract (“Contract”) is made on the 16th day of April, 2024, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Granicus, LLC, a Minnesota limited liability company (hereinafter
"Vendor") whose business address is 1152 15th Street NW, Suite 800, Washington DC 20005.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of
products and/or services for the City. That policy requires that persons, firms or corporations
providing such products 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 Website Subscription and Hosting services, Email/Text Subscription services
and Streaming Video services, 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. The term of this Contract shall be from May 15, 2024 through May 14, 2027, the date of signature by the parties notwithstanding. This Contract 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 Vendor annual sums for ongoing Website
Subscription and Hosting, Email/Text Subscription and Streaming Video Services pursuant
to this Contract as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City itemized invoices setting forth
work under this Contract as described in Exhibit A. Invoices are due within 30 days of issuance. Annual fees are due upfront at the beginning of each annual term. Invoices
submitted shall be paid in the same manner as other claims made to the City.
5. Licensing / Permitted Use. Vendor products and services are purchased by City as
subscriptions. Vendor hereby grants and City hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use Vendor products and
services during the term of this Contract. Vendor reserves all right, title and interest in Vendor
products and services, the documentation and resulting product including all related
Standard Purchasing Contract 2017 06 01 Page 2 of 8
intellectual property rights. No implied licenses are granted to City. Vendor name, logo, and
the product names are trademarks of Vendor, and no right or license is granted to use them.
City assigns to Vendor any suggestion, enhancement, request, recommendation, correction or other feedback provided by City relating to the use of Vendor products and services. City
shall not: (i) Misuse any Vendor resources or cause any disruption, including but not limited
to, the display of adult content, advertisements, solicitations, or mass mailings to individuals
who have not agreed to be contacted; (ii) Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of third parties; (iii) Use Vendor
products and services in a manner in which system or network resources are unreasonably
denied to third parties; (iv) Use the products and services as a door or signpost to another
server; (v) Access or use any portion of Vendor products and services except as expressly allowed by this Contract; (vi) Disassemble, decompile, or otherwise reverse engineer all or
any portion of Vendor products and services; (vii) Use Vendor products and services for any
unlawful purposes; (viii) Export or allow access to Vendor products and services in violation
of U.S. laws or regulations; (ix) subcontract, disclose, rent, or lease Vendor products and services, or any portion thereof, for third party use; or (x) Modify, adapt, or use Vendor
products and services to develop any software application intended for resale which uses
Vendor products and services in whole or in part.
Each party retains its rights in its pre-existing intellectual property.
Vendor grants City a non-exclusive, non-transferable, royalty-free, perpetual license to use the deliverables on behalf of and for the benefit of City independently and with Vendor
Products. “Deliverable(s)” means any computer software, and written documentation,
reports or materials developed by Vendor in relation to the computer software specifically
for City pursuant to this Contract. Vendor retains all right, title and interest to the Deliverables except for those rights expressly granted to City and reserves all rights not otherwise
expressly granted herein.
6. Staffing. The Vendor has designated a Project Manager 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.
7. 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.
8. 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
Standard Purchasing Contract 2017 06 01 Page 3 of 8
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 hired and non-owed vehicles.)
d. Professional Liability. Vendor shall maintain a professional liability insurance policy
in the amount of $2,000,000 per claim, which policy must be maintained for a
minimum of two (2) years following expiration or termination of this Agreement.
9. 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, from any claim
or suit by a third party, incurred by the City or for which the City may be liable resulting
from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or willful misconduct or omission performed, taken or not performed 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.
10. Warranty. Vendor warrants that it takes all precautions that are standard in the industry to
increase the likelihood of a successful performance for Vendor products and services;
however, Vendor products and services are provided “AS IS” and as available. EXCEPT AS PROVIDED ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER
WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT
VENDOR PRODUCTS AND SERVICES WILL MEET CITY’S REQUIREMENTS OR
THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
11. Termination. Either party may terminate this Contract by written notice if the other party commits a material breach of this Contract and fails to cure such breach within thirty (30)
days after receipt of such notice, or an additional period of time as agreed to by the parties.
Upon expiration or termination of this Contract for any reason: (i) City’s right to access and use the products will immediately cease (ii) Vendor will promptly cease performance of any
services; and (iii) the parties will return or destroy any Confidential Information of the other
party in its possession, and certify upon request to the other party of compliance with the
foregoing. City will have thirty (30) days from the expiration date of a subscription to extract or download any Content stored in the Products. Vendor has no obligation to retain any
Content after such thirty (30)-day period nor is Vendor responsible for extracting the data on
City’s behalf absent separate written Contract and the payment of additional fees.
12. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT, IN NO EVENT WILL EITHER PARTY’S MAXIMUM AGGREGATE
LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS CONTRACT
Standard Purchasing Contract 2017 06 01 Page 4 of 8
(IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE) EXCEED THE GREATER OF: (A) TWO TIMES (2X) THE FEES
PAYABLE BY CITY TO VENDOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN
WRITING OF THE CLAIM; OR (B) THE AMOUNT OF INSURANCE PROCEEDS
AVAILABLE AT THE TIME OF SETTLEMENT OR JUDGMENT ON THE CLAIM
UNDER A POLICY OF INSURANCE REQUIRED BY SECTION 8 OF THIS CONTRACT. VENDOR SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR
OTHER DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED.
13. Confidential Information. It is expected that one Party may disclose to the other Party
certain information which may be considered confidential or trade secret information
(“Confidential Information”). Confidential Information shall include: (i) non-public
information if it is clearly and conspicuously marked as “confidential” or with a similar
designation at the time of disclosure; (ii) non-public information of a Party if it is identified
as confidential or proprietary before, during, or promptly after presentation and (iii) any
information that should be reasonably understood to be confidential or proprietary to a Party, given the nature of the information and the context in which disclosed.
Subject to freedom of information, government transparency, or similar applicable law,
including but not limited to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, each Party agrees to receive and hold any Confidential Information in strict confidence.
Each Party also agrees: (i) to protect and safeguard the Confidential Information against
unauthorized use, publication or disclosure; (ii) not to reveal, report, publish, disclose,
transfer, copy or otherwise use any Confidential Information except as specifically authorized by the other Party; (iii) not to use any Confidential Information for any purpose
other than for performance under this Contract; (iv) to restrict access to Confidential
Information to those of its employees, agents, and contractors who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule;
and (v) to exercise at least the same standard of care and security to protect the Confidential
Information received by it as it protects its own confidential information. If a Party is requested or required in a judicial, administrative, or governmental proceeding to disclose
any Confidential Information, it will notify the other Party as promptly as practicable so that
such Party may seek a protective order or waiver for that instance.
Confidential Information shall not include information which: (i) is or becomes public
knowledge through no fault of either Party; (ii) was in a Party’s possession before receipt
from the other Party; (iii) is rightfully received by a Party from a third party without any duty
of confidentiality; (iv) is independently developed by a Party without use or reference to the other Party’s Confidential Information; or (v) is disclosed with the prior written consent of
the Parties.
Each Party shall return or destroy the Confidential Information upon written request by the
other Party; provided, however, that each Party may retain one copy of the Confidential
Information in order to comply with applicable law. City understands and agrees that it may
Standard Purchasing Contract 2017 06 01 Page 5 of 8
not always be possible to completely remove or delete all Confidential Information from
Vendor’s databases without some residual data.
Disclosing Party may be irreparably damaged if the obligations under this section are not
enforced and as such may not have an adequate remedy in the event of a breach by Receiving
Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is
entitled to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this section or any
other appropriate equitable order or decree.
14. 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.
15. 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.
16. 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
17. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without
the written consent of the other party (such consent not to be unreasonably withheld).
Notwithstanding the foregoing, either party may assign this Contract in connection with a
merger, reorganization, acquisition or other transfer of all or substantially all of such party’s
assets or voting securities.
18. 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.
19. 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.
20. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
21. 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.
Standard Purchasing Contract 2017 06 01 Page 6 of 8
22. 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.
23. 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.
24. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract
shall be valid only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
25. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
26. 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 nondiscrimination
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.
27. 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.
Standard Purchasing Contract 2017 06 01 Page 7 of 8
28. 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.
29. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
30. 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.
31. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or
assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota
Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act).
All government data, as 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.
32. 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.
Standard Purchasing Contract 2017 06 01 Page 8 of 8
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________
THIS IS NOT AN INVOICE Order Form
Prepared for
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 1 of 10
Granicus Proposal for Eden Prairie MN
ORDER DETAILS
Prepared By:Astrid Xu
Phone:
Email:astrid.xu@granicus.com
Order #:Q-340479
Prepared On:25 Mar 2024
Expires On:14 May 2024
Currency:USD
Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of
performance.)
Period of Performance: 15 May 2024 - 14 May 2025
The subscription includes the following domain(s) and subdomain(s):
·www.ci.eden-prairie.mn.us
ORDER TERMS
Current Subscription
End Date:
Initial Order Term End
Date:
14 May 2024
14 May 2027
Exhibit A
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 2 of 10
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this
Proposal.
Renewing Subscription Fees
Solution Period of
Performance
Billing
Frequency
Quantity/
Unit Annual Fee Prorated Fee
GovMeetings Live Cast 01 Jun 2024 -
14 May 2025 Annual 1 Each $11,387.80 $10,875.61
Granicus Live Cast Encoding
Software
01 Jun 2024 -
14 May 2025 Annual 1 Each $1,685.25 $1,609.45
govAccess - Maintenance,
Hosting, & Licensing Fee - Core
15 May 2024
- 14 May
2025
Annual 1 Each $11,689.72 $11,689.72
govAccess - Maintenance,
Hosting, & Licensing Fee - Core
15 May 2024
- 14 May
2025
Annual 1 Each $5,914.45 $5,914.45
Communications Cloud
15 May 2024
- 14 May
2025
Annual 1 Each $13,621.72 $13,621.72
Additional SMS - 100000
15 May 2024
- 14 May
2025
Annual 1 Each $3,997.93 $3,997.93
Communications Cloud
Advanced Package
15 May 2024
- 14 May
2025
Annual 1 Each $4,382.99 $4,382.99
Open Platform Suite 01 Jun 2024 -
14 May 2025 Annual 1 Each $0.00 $0.00
SUBTOTAL:$52,679.86 $52,091.87
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 3 of 10
FUTURE YEAR PRICING
Period of PerformanceSolution(s)15 May 2025 - 14 May 2026 15 May 2026 - 14 May 2027
GovMeetings Live Cast $12,184.95 $13,037.89
Granicus Live Cast Encoding Software $1,803.22 $1,929.44
govAccess - Maintenance, Hosting, & Licensing
Fee - Core $12,508.00 $13,383.56
govAccess - Maintenance, Hosting, & Licensing
Fee - Core $6,328.46 $6,771.45
Communications Cloud $14,575.24 $15,595.51
Additional SMS - 100000 $4,277.79 $4,577.23
Communications Cloud Advanced Package $4,689.80 $5,018.09
Open Platform Suite $0.00 $0.00
SUBTOTAL:$56,367.46 $60,313.17
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 4 of 10
PRODUCT DESCRIPTIONS
Solution Description
GovMeetings Live Cast govMeetings Live Cast provides the ability to manage public meetings
from anywhere, on almost any device using cloud based software and a
Granicus Live Cast encoder. It will stream public meetings in HD, allow
users to live index items, record and publish minutes, and provide archive
videos for on-demand viewing.
Granicus Live Cast Encoding
Software
Granicus Live Cast Software will convert the video feed for video
streaming on the web which will also record video and provides the MP4
file for archive playback.
Only used with the Live Cast encoder hardware and Live Cast solution.
govAccess - Maintenance,
Hosting, & Licensing Fee - Core
The govAccess Maintenance, Hosting, and Licensing plan is designed to
equip the client with the technology, expertise and training to keep the
client's website relevant and effective over time.
Services include the following:
·Ongoing software updates
·Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday)
·Access to training webinars and on-demand video library
·Access to best practice webinars and resources
·Annual health check with research-based recommendations for
website optimization
·DDoS mitigation
·Disaster recovery with 90-minute failover (RTO) and 15-minute data
replication (RPO)
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 5 of 10
Solution Description
govAccess - Maintenance,
Hosting, & Licensing Fee - Core
The govAccess Maintenance, Hosting, and Licensing plan is designed to
equip the client with the technology, expertise and training to keep the
client's website relevant and effective over time.
Services include the following:
·Ongoing software updates
·Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday)
·Access to training webinars and on-demand video library
·Access to best practice webinars and resources
·Annual health check with research-based recommendations for
website optimization
·DDoS mitigation
·Disaster recovery with 90-minute failover (RTO) and 15-minute data
replication (RPO)
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 6 of 10
Solution Description
Communications Cloud The Cloud is a Software-as-a-Service (SaaS) solution that enables
government organizations to connect with more people. By leveraging the
Cloud, the client will be able to utilize a number of different outreach
mediums, including email, SMS/text messages, RSS feeds, and social media
integration to connect with its target audiences. The Cloud includes:
·Up to 99,999 Potential Users
·Unlimited email sends with industry-leading delivery and
management of all bounces
·Support to upload and migrate existing email lists
·Access to participate in the GovDelivery Network
·Ability to send mass notifications to multiple devices
·24/7 system monitoring, email and phone support during business
hours, auto-response to inbound messages from end users, and
emergency support
·Text-to-subscribe functionality
·Up to 2 Web-hosted training sessions annually
·Up to 50 administrators
·Up to 1 GovDelivery account(s)
·Access to a complete archive of all data created by the client for
18 months (rolling)
·Up to 3 hours of message template and integration development
·Up to 100 subscription topics
·Up to 100,000 SMS/text messages per year from a shared short
code within the United States*
*International numbers are not supported. SMS/text messages not used in
the period of performance will not carry over to the following year.
Additional SMS - 100000 Additional SMS/Text Messaging includes:
·Access to the selected volume of additional SMS/text messages
per year from a unique standard toll-free number within the United
States*
·Use of responsively designed sign-up pages that allow the public to
subscribe to communication updates from various devices
*International numbers are not supported. SMS/text messages not used in
the period of performance will not carry over to the following year. Client
must have explicit opt-in for all destinations sent to and adhere to all CTIA
guidelines for the duration of its use.
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 7 of 10
Solution Description
Communications Cloud
Advanced Package
The Advanced Cloud Module gives government communicators better
insight into the needs of citizens and improves their ability to enhance
online transactions, promote behavior change through public awareness,
and improve citizen engagement. The Advanced Cloud Module adds
streamlined marketing capabilities that incorporate greater degrees of
audience segmentation, personalization, message testing, and mobile
engagement. The Advanced Cloud Module includes:
·Dynamic segmentation around bulletins, engagement, and
question (e.g. zip code)
·Canned campaigns for re-engagement and new subscriber
onboarding
·Testing: Simple (A/B, 10/10/80)
A subscription for the Advanced Cloud Module is dependent on an active license for the
govDelivery Communications Cloud.
Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to
post agendas/documents, and index of archives. These are able to be
published and accessible through a searchable viewpage.
GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
·Granicus Communications Suite Subscriber Information.
o Data provided by the Client and contact information gathered through the Client's own web
properties or activities will remain the property of the Client ('Direct Subscriber'), including any
and all personally identifiable information (PII). Granicus will not release the data without the
express written permission of the Client, unless required by law.
o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to
operate the Granicus Products and Services (provided that the Client hereby grants to
Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on
an anonymous or aggregate basis only, that arises from the use of the Granicus Products by
the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the
functionality of the Granicus Products and any other legitimate business purpose, including the
right to sublicense such data to third parties, subject to all legal restrictions regarding the use
and disclosure of such information).
·Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct
Subscribers recommendations to subscribe to other Granicus Client's digital communication
(the 'Advanced Network'). When a Direct Subscriber signs up through one of the
recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the
agency it subscribed to through the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with
Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 8 of 10
Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after
termination of its Order, SOW, or Exhibit placed under this agreement. All information related to
Network Subscribers must be destroyed by the Client within 15 calendar days of the Order,
SOW, or Exhibit placed under this agreement terminating.
o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt-
in email to Network Subscribers that shall include an explanation of the Client's relationship with
Granicus terminating and that the Network Subscribers may visit the Client's website to
subscribe to further updates from the Client in the future. Any Network Subscriber that does not
opt-in will not be transferred with the subscriber list provided to the Client upon termination.
UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS
ONLY):
·Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code
option to a unique standard toll-free number within the United States (International numbers not
supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where
available, for an additional fee.
·Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the
duration of its use.
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 9 of 10
TERMS & CONDITIONS
·This quote, and all products and services delivered hereunder are governed by the terms located at
https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License
Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract
vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement
or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the
separate agreement or contract vehicle to the extent applicable.
·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote
Q-340479 dated 25 Mar 2024 are incorporated into this Purchase Order by reference and shall take precedence
over any terms and conditions included in this Purchase Order.
·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It
is the responsibility of Eden Prairie MN to provide applicable exemption certificate(s).
·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate
the subscription.
·Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that
exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein.
·Updates to Shared Short Codes for SMS/Text Messaging:
Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a
unique standard toll-free number within the United States (International numbers not supported). Short Codes
are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee.
Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its
use.
Order Form
Eden Prairie MN
Order #: Q-340479
Prepared: 25 Mar 2024
Page 10 of 10
BILLING INFORMATION
Billing Contact:Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address:PO Number:
If PO required
Billing Email:Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-340479 dated 25 Mar 2024 are incorporated into this Purchase
Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The
undersigned also understands the services and terms.
Eden Prairie MN
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
Requested Action
Move to:
•Close the Public Hearing; and
•Adopt a Resolution for a Guide Plan Change from Office and Parks & Open Space to
Public/Semi-Public and Parks & Open Space on 60.91 acres
•Approve the 1st Reading of the Ordinance for a Zoning District Change from Office and Rural toPublic and Parks & Open Space and Planned Unit Development District Review with waivers on60.91 acres
•Direct Staff to prepare a Development Agreement incorporating Staff and Commissionrecommendations and Council conditions
Synopsis
The property at 11840 Valley View Road is currently owned by UNFI. Eden Prairie School District has
contracted to purchase the property at 11840 Valley View Road and is requesting that the property be reguided and rezoned to allow the property to be used for school purposes. UNFI also owns the parcel located directly to the west of 11840 Valley View Road. The District is only purchasing the eastern property and the land use change requests are for the eastern parcel only.
The School District is purchasing the site of the former UNFI office building and proposing to use it for a variety of education and educational support purposes. Schools are a permitted use only in the Public Zoning District, requiring a Comprehensive Plan amendment and a zoning district change. A portion of the property is protected open space, i.e., wetlands, steep slopes, floodplain. These areas are requested to
be reguided and rezoned to Parks and Open Space.
The School District proposes no construction on the property with this application. This application reflects necessary housekeeping changes to the Comprehensive Land Use and Zoning maps, and a Planned Unit Development Amendment to reflect the change in use.
Background The building has been an office use since 1978. In 2008, PUD approval was granted for an addition to the building. That addition has not been constructed, but the property remains subject to the 2008 PUD.
The attached Planning Commission staff report provided further information on the guide plan and zoning map change.
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE
April 16, 2024
DEPARTMENT / DIVISION:
Community Development / Planning Julie Klima/Jeremy Barnhart
ITEM DESCRIPTION
Eden Prairie Public Schools/ UNFI
ITEM NO.
IX.A.
Planning Commission The Planning Commission reviewed the application at its meeting on March 25th and recommended
approval of the changes to the Comprehensive Land Use Plan and Zoning Map with a vote of 7-0 and 2
abstentions. Attachments Resolution for Guide Plan Change
Ordinance for Zoning District Change and PUD District Review with Waivers Planning Commission Staff Report Minutes from March 25, 2024 Planning Commission
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and
WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the proposal of Independent School District No. 272 is for a
Comprehensive Guide Plan Change from Office and Parks & Open Space to
Public/Semi-Public and Parks and Open Space on 60.91 acres, as legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans
stamped dated April 16, 2024 and the staff report dated April 16, 2024 and subject to Metropolitan Council approval and conditioned upon acquisition of fee title to the property by Independent School District No. 272.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of April,
2024.
___________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
COMPREHENSIVE PLAN AMENDMENT
Legal Description to be inserted Current Land Use Guiding
Proposed Land Use Guiding
Legal Description: Legal Description:
That part of Government Lot 2 in Section 11, Township 116, Range 22, lying Easterly and Northeasterly of a line described as commencing at the Southeast
corner of said Government Lot 2, thence North along the East line of said
Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly
deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's
Long Lake and there terminating. The East boundary line of the above described land, except the shore line of Bryant's Long Lake, has been marked by Judicial Landmarks set pursuant to Torrens Case
No. 16744; Subject to a limitation of the right of the right of access to U.S. Highway Number 494, as contained in Book 2604 of Deeds, page 203, Doc No. 3677302;
Subject to a 45 foot wide easement for sanitary sewer purposes in favor of
Southwest Sanitary Sewer District Board over a portion of the above described Government Lot 2 as contained in Book 69 of Hennepin County Records, page 3779764.
Torrens Property Torrens Certificate No. 1223766
AND Par 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the Southline of said Government Lot 3
and its extension to a point 525 feet West from the East Quarter corner of said
Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryants Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the
above described Government Lot 3 and accretions thereto has been marked by
Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744.
Par 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11,
Township 116, Range 22 lying Northerly of the center line of County Road No.
60. Par 3: That part of Government Lot 4 and accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No.
60 and Westerly of a line drawn parallel with and distant 600 feet West
measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10
minutes 58 seconds East along the East line thereof a distance of 407.70 feet to
the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating, according to the
Government Survey thereof. The West boundary line of the above described part of the Northwest Quarter of the Southeast Quarter has been marked by a Judicial Landmarks set pursuant to Torrens Case No. 16745.
Subject to the rights of the State of Minnesota in its sovereign capacity in the lands herein which lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant's Long Lake; (As to pars 1, 2 and 3).
EDEN PRAIRIE PUBLIC SCHOOLS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, 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, and consists of the “Building
Parcel” and the “Open Space Parcel” as identified on Exhibit A. Section 2. That the Land is currently designated as a planned unit development within the Office Zoning District, PUD-13-2008-OFC (the “Existing PUD”). The Open Space Parcel is included in
the Existing PUD despite being within the underlying Rural Zoning District.
Section 3. That action was duly initiated proposing that the underlying zoning districts for the Land be amended such that the Building Parcel be removed from the Office Zoning District and be placed in the Public Zoning District but remain subject to the terms and conditions of the Existing PUD,
and the Open Space Parcel be removed from the Rural Zoning District and placed in the Parks and Open
Space Zoning District, without the Existing PUD designation or any past or future PUD designation. Section 4. That, as to the Open Space Parcel, the proposal is hereby adopted and the Open Space Parcel as noted in Exhibit A shall be, and hereby is removed from the Rural Zoning District and
placed in the Parks & Open Space Zoning District, and the legal descriptions of land in each district
shall be and are amended accordingly. The Existing PUD is amended to remove the Open Space Parcel from the land subject to the Existing PUD. Section 5. That, as to the Building Parcel, action was duly initiated proposing that the
designation of the Building Parcel be amended within the Public Zoning District as -2024-PUD-_-2024
(hereinafter “PUD-_-2024”). Section 6. 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 7. That, as to the Building Parcel, the proposal is hereby adopted and the Building Parcel shall be, and hereby is removed from the Office Zoning District and placed in the Public Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district shall be and are amended accordingly.
Section 8. That the Building Parcel shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Independent School District No. 272 and the City of Eden Prairie (hereinafter “Development Agreement”), which incorporates the terms and conditions of the Existing PUD. The Development Agreement contains the terms and conditions of PUD-_-2024, and is hereby made a part hereof.
Section 9. That Ordinance No. 26-2008-PUD-13-2008, which established the Existing PUD, is hereby amended as described in this Ordinance, only as related to the Building Parcel and the Open Space Parcel. The Existing PUD remains in full force and effect as related to the remainder of the property included in the Existing PUD.
Section 10. That City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 11. That this Ordinance shall become effective from and after its passage and publication and acquisition of fee title to the Land by Independent School District No. 272. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
the April 16, 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 ____ day of ________, 2024. ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 2024.
EXHIBIT A
[Legal descriptions to be added prior to 2nd reading]
Rezone from Rural and Office to Public/Semi Public and Parks &Open Space
Current Zoning
Proposed zoning
TO: Planning Commission
FROM: Jeremy Barnhart, AICP, City Planner
DATE: March 25, 2024 SUBJECT: Eden Prairie School District – UNFI property
LOCATION: 11840 Valley View Road REQUEST: • Comprehensive Guide Plan Amendment to Public/ Semi Public and
Parks & Open Space on 60.91 acres
• Zoning District Change from Office to Public and Park and Open Space on 60.91 acres 120 DAY REVIEW PERIOD DEADLINE
June 15, 2024
BACKGROUND Supervalu stores originally owned two parcels on the north side of Valley View Road, south of
Bryant Lake. Following the public review process, a development agreement approving development plans on the eastern parcel for their corporate headquarters was signed in 1978. In 2008, approval was granted for an addition. That addition has not been constructed.
In 2018, UNFI purchased Supervalu. The Eden Prairie School District is proposing to purchase the eastern parcel from UNFI and use the existing building for educational programming. Public and Private schools are only permitted in the PUB – Public zoning district, requiring a comprehensive plan amendment and a zoning district change. IMPROVEMENTS Other than interior remodeling to configure the space for educational programming, there are no plans to redevelop the property or alter the exterior of the building. Any modification to the exterior of the building or site plan will require city review. COMPREHENSIVE PLAN AMENDMENT The property is currently guided a combination of Office (approximately the southern ½) and Parks Open Space (approximately the northern ½). The proposed amendment re-guides the developed portions of the parcel to PUB. The areas not to
be developed are to be re-guided Parks-Open Space.
Staff Report – Eden Prairie School District – UNFI property
March 25, 2024 Page 2
2
Current Land Use Proposed Land Use When considering a Comprehensive Plan Amendment, a proposal should be evaluated on its impact to the balance of land uses within the city, its impact on surrounding land uses, and the impact on
city services, including utilities, roads, and storm water management.
No information has been received that suggests the change in use from Office to educational programming will negatively impact surrounding land uses, the site, or city services. The proposed use will not impede development of the city or surrounding area. Traffic anticipated based on the
proposed use is much less than office use experienced. No construction is planned, so no additional
impacts to storm water or lake water quality are expected. The Metropolitan Council requires a city contemplating a Comprehensive Plan Amendment to provide 60 day notice to surrounding jurisdictions. The 60 day notice period will expire on April
16th, coinciding with the City Councils planned Public Hearing. To date, the city has received
responses from Hennepin County, the Watershed District, and the school District. Each have noted that the application does not appear to impact their organization. ZONING DISTRICT CHANGE
The property is currently zoned Office and Rural. The Zoning District amendment proposes to
change the office zoned portion of the property (shown in pink) to Public, and the balance to Parks and Open Space, aligning with the Comprehensive Land Use Plan.
Staff Report – Eden Prairie School District – UNFI property
March 25, 2024 Page 3
3
Current Zoning Proposed Zoning
DEVELOPMENT AGREEMENT AMENDMENT The Development Agreement will need to be amended to reflect the change in zoning and notate the separate ownership of the two parcels. The City Council reviews and approves any development agreements.
STAFF RECOMMENDATION Staff recommends approval of the Comprehensive Plan Land Use Map change and Zoning Map change, as described above.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, MARCH 25, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Kirk called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Taylor was absent.
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Weber to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Sivilay to approve the minutes of February 12,
2023. MOTION CARRIED 7-0 with one abstention (Farr).
V. PUBLIC HEARINGS
A. EDEN PRAIRIE PUBLIC SCHOOLS - UNFI Request for
• Approval for Guide Plan Changes to Public/Semi-Public and Parks and Open Space on 60.91 acres
• Approval for Zoning Change to Public and Parks and Open Space on 60.91 acres Sherwood recused himself.
PLANNING COMMISSION MINUTES March 25, 2024
Page 2
Kyle Fisher, Safety Director at Eden Prairie Schools, displayed a PowerPoint and
detailed the application. The application requested a change to the Comprehensive Plan and Zoning District of approximately 60.91 acres to facilitate the use of the existing office building for educations programming by the Eden Prairie School District. He played a video of the proposed TASSEL program which served
students 18-22 years old. At the end of the summer the program’s lease would not
be renewed in its existing building and the applicant proposed to move this program to the office building in question. The Nine Mile Creek Watershed District was involved and had a positive response to the proposal.
Dirk Tedmon, executive director of marketing and communication for Eden
Prairie School District, explained the “Designing Pathways” process and explained the need for a large property to respond to perhaps 200 students’ needs, which included the issues of increasing enrollment and the need to outsource some teaching opportunities. He explained the community outreach done toward
this end.
Kyle Fisher explained the development involved 165,000 square feet on Bryant Lake and stated this was a great opportunity to work with the Watershed District to provide nontraditional learning. The school buildings were almost at capacity
This would have a centralized warehouse area in the lowest level.
Farr asked for and received confirmation the purchase agreement was contingent on District approval. Other uses included environmental learning outdoor spaces, a play area, et cetera, and program were not set in stone but could evolve. There
would also be programs for the community and special events with enough
parking for all. Fisher stated this was like any other program at Eden Prairie Schools. Farr noted enrollment was not dropping in Eden Prairie. He asked if the westernmost driveway off Valley View required a shared access agreement. Fisher replied his understanding there was conversation on the use of this as a
second drive. Unfortunately the design engineer was not able to attend tonight’s
meeting. Farr anticipated questions from the public regarding taxes. Students did not pay tuition so he asked how it was funded. Tedmon replied there was a lease levy purchase for less than a dollar a month, with no major tax impact. A bond
referendum was possible in the future. Shawn Hoffman-Graham, community education, detailed the funding. She was the first connection to events, many of which were fee-based, and the schools would be able to find expanded learning for students, filling the voids and gaps for Eden Prairie citizens.
Grote asked if there were any plans to use Bryant Lake. Fisher stated there was no official plans and did not know in what capacity it would be used.
PLANNING COMMISSION MINUTES March 25, 2024
Page 3
Barnhart presented the staff report. This was a map change in the Comprehensive
Plan and land use guidance. This was a unique request; typically, some
construction is anticipated. Any changes to the exterior or to the landscape would be subject to city review. There were certain stipulations and conditions on the use of the lake (docks, moorings, et cetera). There were no lakeside or lake improvements proposed at this time, and any change to that would also have to go
through a review process. The proposed use was also in keeping with
environmental conditions with no negative impacts. Staff supported the change to the Comprehensive Plan. Sivilay asked for Phase I environmental assessment results. Fisher replied one
was completed and the only potential concern was an underground 10,000 gallon
storage tank. Subsequent tests were not yet back, but at this time no leakage was indicated. Farr asked if the traffic would increase as the program evolved and grew. Schultze
replied the study’s goal was to document the existing condition, and compare it to
the demand, and did not see an increase of traffic even if the program were to triple. Any major increase would also go through the public review process. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion
carried 8-0.
Mette spoke in support of the project, not finding traffic a concern. She noted this would take a tax-generating property off the tax rolls, and she suggested the school district to explore selling off the excess land in order to help put money
back on the payroll and raise funds for major renovations.
Kirk seconded Mette’s support and stated he saw no real downsides. The public processes in the future would allow appropriate input.
Sivilay stated his only concern was the recommended mediation in Phase II.
MOTION: Kirk moved, seconded by Weber to recommend approval for Guide Plan Changes to Public/Semi-Public and Parks and Open Space on 60.91 acres and for Zoning Change to Public and Parks and Open Space on 60.91 acres as
represented in the March 25, 2024 staff report. Motion carried 7-0 with Sherwood and Grote abstaining. B. CODE AMENDMENT – OFFICE USE IN INDUSTRIAL FLEX TECH Request for
• Approval for Guide Plan Changes to Public/Semi-Public and Parks and Open Space on 60.91 acres
PLANNING COMMISSION MINUTES March 25, 2024
Page 4
• Approval for Zoning Change to Public and Parks and Open Space on 60.91 acres Barnhart presented the staff report. This was to incorporate the goals of Aspire 2040 applied to the industrial area known as the Industrial Flex Tech area, specifically the I-2 and I-5 Zoning Districts. The change would remove the 50
percent cap for office uses in those districts. Over the years there have been a handful of waivers for extensions and this would remove an unnecessary regulation that did not gibe with the Plan’s goals. It would add more employment and aid to the business community without negative impacts. The commission might see more parking waivers because office parking was greater than
warehousing or manufacturing. . This did not change the I-Gen use distribution where there was still the 50 percent cap; heavier industrial uses being more appropriate in these areas. Staff recommended the change as proposed in the staff report. MOTION: Mette moved, seconded by Kirk to close the public hearing. Motion carried 8-0. Farr stated he could vouch for the demand for this change. Kirk also voiced his support. Mette agreed; to her it reiterated why the Flex Industrial Zone was
created in the first place. MOTION: Farr moved, seconded by Sherwood to recommend approval for the text amendment to Chapter 11.30 as drafted in the March 25, 2024 staff report. Motion carried 8-0.
PLANNERS’ REPORT MEMBERS’ REPORTS
Pieper announced this was Mette’s last meeting. Mette thanked the commission members and bid them farewell. VI. ADJOURNMENT MOTION: Mette moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 7:42 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
April 16, 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 308097 - 308425
Wire Transfers 1035709 - 1035798 Wire Transfers 10314 – 10347
Purchasing Card 10344
City of Eden Prairie
Council Check Summary
4/16/2024
Division Amount Division Amount
000 General 83,131 304 Senior Board 106
100 City Manager -1,339 308 E-911 309
101 Legislative 18,231 309 DWI Forfeiture 2,738
102 Legal Counsel 41,984 315 Economic Development 6,205
110 City Clerk 922 502 Park Development 2,800
111 Customer Service 1,781 509 CIP Fund 3,815
112 Human Resources 35 512 CIP Trails 1,441
113 Communications 18,681 513 CIP Pavement Management 10,589
114 Benefits & Training 2,690 526 Transportation Fund 81,299
130 Assessing 1,244 543 Police Remodel 51,234
131 Finance 17,855 Total Capital Projects Fund 160,535
132 Housing and Community Services 2,397
133 Planning 1,500 601 Prairie Village Liquor 65,081
136 Public Safety Communications 25,122 602 Den Road Liquor 163,696
137 Economic Development 73 603 Prairie View Liquor 93,656
138 Community Development Admin.48 605 Den Road Building 2,975
151 Park Maintenance 30,136 701 Water Enterprise Fund 460,133
154 Community Center 18,121 702 Wastewater Enterprise Fund 13,337
156 Youth Programs 12,903 703 Stormwater Enterprise Fund 303,942
157 Special Events 1,800 Total Enterprise Fund 1,102,819
158 Senior Center 14,482
159 Recreation Administration 371 802 494 Commuter Services 30,039
160 Therapeutic Recreation 508 807 Benefits Fund 642,122
162 Arts 3,866 809 Investment Fund 4,726
163 Outdoor Center 320 812 Fleet Internal Service 273,349
168 Arts Center 1,224 813 IT Internal Service 63,666
180 Police Sworn 25,195 814 Facilities Capital ISF 410
184 Fire 45,581 815 Facilites Operating ISF 52,620
186 Inspections 190 816 Facilites City Center ISF 79,922
200 Engineering 1,749 817 Facilites Comm. Center ISF 90,609
201 Street Maintenance 10,221 818 Dental Insurance 7,491
202 Street Lighting 56,701 Total Internal Svc/Agency Fund 1,244,953
Total General Fund 437,725
Report Total 2,961,476
301 CDBG 14,343
303 Cemetary Operation 1,100
Total Special Revenue Fund 15,443
City of Eden PrairieCouncil Check Register by GL4/16/2024
Check #Amount Supplier / Explanation Account Description Business Unit Comments
308220 358,756 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies
10341 313,307 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.22.24
308388 299,384 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital Ponds Dredging Project10339228,106 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.08.24
1035747 160,062 MTI DISTRIBUTING INC Machinery & Equipment Fleet Operating New Replacement Toro Mower for Parks
1035755 115,039 XCEL ENERGY Electric Various Funds Multi Premise Electric
10344 67,577 USB-PURCHASING CARD Various Various Funds
308362 60,000 EP VENTURES LLC Right of Way & Easement Transportation Fund
308410 51,714 SM HENTGES & SONS INC Improvement Contracts General Fixed Asset Account Gr
308343 51,234 BKV GROUP OCS - General Bldg Police Remodel
1035742 41,319 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund30838337,650 LOCALITY MEDIA INC Software Maintenance IT Operating1034336,180 EMPOWER Deferred Compensation Health and Benefits
308365 36,135 EXCEL LAWN & LANDSCAPE Contract Svcs - Snow Removal Fire Station #1
308256 31,416 SUNRAM CONSTRUCTION Design & Engineering General Fixed Asset Account Gr
1035737 26,772 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
1035750 25,423 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund
308370 22,178 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police
308372 22,170 H & L MESABI Equipment Parts Fleet Operating30830421,186 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store103573520,338 CENTERPOINT ENERGY Gas Water Storage
308340 20,000 BERGANKDV LTD Audit & Financial Prairie View Liquor Store
308424 19,081 WASHINGTON CTY PUBLIC SAFETY RADIO Equipment Repair & Maint Public Safety Communications
10342 19,039 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
308196 18,606 HEALTH STRATEGIES Health & Fitness Fire
308376 17,542 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
308330 17,522 ABM ONSITE SERVICES-MIDWEST Janitor Service Police (City Cost)
308121 17,500 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store30820717,272 JOHNSON CONTROLS FIRE PROTECTION Capital Under $25,000 City Center - CAM
10318 17,145 WEX HSA - Employee Health and Benefits
308263 16,100 VALLEY RICH CO INC Improvement Contracts Water Distribution
10322 16,078 PAYCHEX Wages and Benefits 494 Corridor Commission
308193 15,429 GRAYMONT Treatment Chemicals Water Treatment
308369 15,326 GRAYMONT Treatment Chemicals Water Treatment
308129 15,124 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
308311 13,802 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store30838713,750 MEDICINE LAKE TOURS Special Event Fees Trips30824413,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
308420 12,853 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC Maintenance Facility
308412 12,509 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
308297 10,950 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
308322 10,915 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
308224 10,221 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
308298 10,150 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store3083399,809 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating3081539,755 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1035767 8,961 BRAUN INTERTEC CORPORATION Testing Economic Development Fund
1035745 8,876 MENARDS Repair & Maint. Supplies Senior Center
308109 8,629 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
308144 8,579 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
308248 8,450 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
308181 8,286 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
308385 8,090 MACKMILLER DESIGN & BUILD Other Contracted Services Rehab3082137,648 MACQUEEN EQUIPMENT INC Conference/Training Fleet Operating
308315 7,403 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
308137 7,252 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
308267 7,103 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
308123 6,832 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1035778 6,695 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
308291 6,636 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
308122 6,627 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3083276,421 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1035788 6,347 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
308231 6,298 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Enrichment (Non-Sports)
308283 6,294 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
308348 6,121 CATALYST GRAPHICS INC Printing Communications
308361 6,026 EARL F ANDERSEN INC Signs Round Lake3082006,000 HYDRO-VAC INC Equipment Repair & Maint Wasterwater Collection3083385,828 BCM ONE Telephone IT Operating
1035733 5,756 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
308188 5,542 EMERGENCY TECHNICAL DECON Other Contracted Services Fire
308317 5,437 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1035787 5,372 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails
308262 5,269 UNITED STATES CONFERENCE OF MAYORS, THE Dues & Subscriptions City Council
308250 5,208 SOCCER SHOTS Instructor Service Recreational Sports
308177 5,083 CALLYO 2009 CORP Other Contracted Services Police Sworn10357364,929 DAKOTA SUPPLY GROUP INC Capital Under $25,000 Water Metering3081834,895 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
308307 4,886 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
308214 4,739 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
308237 4,726 PFM ASSET MANAGEMENT LLC Interest Investment Fund
308347 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
308395 4,565 MOST DEPENDABLE FOUNTAINS Operating Supplies Miller Park
308145 4,366 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store3081124,298 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store3083334,174 ANCOM COMMUNICATIONS INC Operating Supplies Public Safety Communications
308367 4,026 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
308219 4,000 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
10317 3,943 HEALTHPARTNERS Dental Insurance Dental Insurance
308289 3,903 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
308406 3,900 PROP Other Contracted Services CDBG - Public Service
308394 3,839 MOBILE PRO SYSTEMS Software Maintenance IT Operating3082533,815 STANTEC CONSULTING SERVICES INC Other Contracted Services Capital Maint. & Reinvestment3082683,802 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Park Shelters
308102 3,795 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
308316 3,716 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
308299 3,709 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
308160 3,709 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
308325 3,666 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
308245 3,580 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fleet Operating
308275 3,576 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store3084223,563 VAN PAPER COMPANY Cleaning Supplies Fleet Operating103373,548 HEALTHPARTNERS Dental Insurance Dental Insurance
308373 3,494 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1035716 3,368 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
308295 3,346 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
308211 3,333 LOCKRIDGE GRINDAL NAUEN PLLP Legal Transportation Fund
308377 3,286 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
1035779 3,272 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Wastewater Lift Station10357483,181 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Utility Operations - General3081193,088 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
308384 3,055 LUBE TECH RELIABLE PLUS INC Lubricants & Additives Fleet Operating
308127 3,044 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1035746 2,856 METRO SALES INCORPORATED*Equipment Rentals IT Operating
1035790 2,853 MENARDS Repair & Maint. Supplies Fleet Operating
1035781 2,804 BOYER TRUCKS Equipment Parts Fleet Operating
308146 2,751 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
308104 2,746 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store3081662,738 ADESA MPLS Miscellaneous DWI Forfeiture
308158 2,735 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
308313 2,653 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
308341 2,600 BICYCLE ALLIANCE OF MINNESOTA Incentives 494 Corridor Commission
308134 2,595 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
308221 2,500 METRO BLOOMS Other Contracted Services Stormwater Non-Capital
1035754 2,421 VARITECH INDUSTRIES INC Equipment Parts Snow & Ice Control
308150 2,346 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10357922,323 MULCAHY COMPANY INC Supplies - Pool Pool Maintenance
308236 2,307 PERA Wages and Benefits 494 Corridor Commission
1035751 2,286 STREICHERS Clothing & Uniforms Fire
308097 2,275 AFRO DELI & GRILL Other Contracted Services Housing and Community Service
308174 2,213 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
308306 2,206 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store3082102,200 LIFE SUPPORT INNOVATIONS Conference/Training Street Maintenance3081322,136 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1035715 2,116 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1035756 2,053 PRIVETTE JOSH Repair & Maint. Supplies Fire
1035757 2,035 TIMM AUSTIN Training Fire
308143 2,020 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
308259 2,000 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund
308346 1,976 BOUND TREE MEDICAL LLC EMS Supplies Fire
308302 1,888 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store10357211,884 FLEETPRIDE INC Equipment Parts Fleet Operating3083241,877 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
308288 1,871 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
308139 1,863 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
308204 1,803 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
1035783 1,779 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
308168 1,775 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection
1035719 1,763 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store3081991,749 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance3081111,722 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1035789 1,716 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
1035780 1,712 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
308334 1,671 APPLE FORD SHAKOPEE Equipment Repair & Maint Fleet Operating
308272 1,660 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1035782 1,654 CDW GOVERNMENT INC.Computers - Monitors Police Sworn
1035739 1,598 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection3081031,567 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store3081981,556 HENNEPIN COUNTY TREASURER Other Contracted Services Wastewater Capital
10340 1,524 UKG INC Garnishment Withheld Health and Benefits
1035724 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
10336 1,504 WEX FSA - Medical Health and Benefits
308402 1,495 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire
1035734 1,448 BIFFS INC Waste Disposal Park Maintenance
308257 1,391 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
308107 1,381 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store3082761,367 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store3083601,333 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
308411 1,304 SOLUTION BUILDERS Computers 494 Corridor Commission
308405 1,227 PROP Other Contracted Services CDBG - Public Service
308110 1,207 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
308234 1,200 ON-TARGET SOLUTIONS GROUP Tuition Reimbursement/School Police Sworn
308163 1,189 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
308209 1,180 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn10357911,178 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM3081051,143 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
308379 1,134 INTREPID NETWORKS LLC Software Maintenance IT Operating
308100 1,125 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
308247 1,123 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing Maintenance Facility
308349 1,121 CENTURYLINK Telephone City Center - CAM
308184 1,100 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
1035793 1,093 POMP'S TIRE SERVICE INC Tires Fleet Operating
1035760 1,090 VINOCOPIA Liquor Product Received Den Road Liquor Store3082771,089 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
308287 1,078 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
308115 1,027 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
308155 1,016 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
10345 1,006 WEX FSA - Medical Health and Benefits
308320 1,004 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
308425 1,003 ZOLL MEDICAL CORPORATION EMS Supplies Fire
1035798 1,003 STREICHERS Clothing & Uniforms Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments308416991SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1035718 984 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
308378 982 INDIGITAL INC Contract Svcs - General Bldg City Hall (City Cost)
308280 981 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
308128 977 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
308223 946 MINNESOTA EXTERIORS COMMERCIAL Other Contracted Services Rehab10338930WEXOther Contracted Services Health and Benefits308403926PITNEY BOWES Postage Customer Service
308126 909 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
308206 908 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
1035741 896 GRAINGER Building Repair & Maint.General Community Center
308197 867 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
308258 857 THE ADVENT GROUP Temp 494 Corridor Commission
308418 852 THE ADVENT GROUP Temp 494 Corridor Commission
308397 844 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Recreational Sports10325832WEXFSA - Medical Health and Benefits308303825INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1035777 820 WOOD, CHRIS Conference/Training Police Sworn
1035797 809 XCEL ENERGY Electric Traffic Signals
308261 786 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
308423 767 VIRTUAL ACADEMY Tuition Reimbursement/School Police Sworn
308135 750 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
308239 750 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal308301750DOMACE VINO Liquor Product Received Den Road Liquor Store308310750RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
308414 748 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1035758 735 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1035763 718 VINOCOPIA Liquor Product Received Prairie View Liquor Store
308156 712 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
308246 707 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance
308238 697 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission308203686INSTY-PRINTS Operating Supplies Fire308208665LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg City Center - CAM
308305 664 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1035786 658 GRAINGER Repair & Maint. Supplies City Hall (City Cost)
308189 630 ESTRINE, ROBERT Other Contracted Services Community Band
308151 625 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
308167 615 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
1035749 613 SHERWIN WILLIAMS CO Repair & Maint. Supplies Recreation Admin
10324 612 WEX FSA - Medical Health and Benefits308194603GUARDIAN FLEET SAFETY LLC Equipment Parts Fleet Operating308133600PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
308243 600 REACH Licenses, Taxes, Fees Ice Operations
308170 598 APPLE FORD SHAKOPEE Equipment Repair & Maint Fleet Operating
1035712 586 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
308124 584 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1035764 581 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
10327 573 WEX FSA - Medical Health and Benefits308274566BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store308191555FIRE SAFETY USA INC Equipment Parts Fleet Operating
308242 540 R.J. TRUCKING INC Equipment Parts Fleet Operating
308212 538 LUBE TECH RELIABLE PLUS INC Lubricants & Additives Fleet Operating
308271 524 HOSE PROS, INC Equipment Parts Snow & Ice Control
308125 518 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
308173 511 ASSURED SECURITY Equipment Repair & Maint Water Treatment
308359 505 DATAWORKS PLUS LLC Hardware - R&M IT Operating
308300 503 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store10326500WEXFSA - Dependent Care Health and Benefits
308205 500 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance
1035710 498 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
308147 489 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
308178 489 CENTURYLINK Internet E-911 Program
308264 486 VAN PAPER COMPANY Cleaning Supplies General Community Center
1035714 482 VINOCOPIA Liquor Product Received Den Road Liquor Store
308230 480 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
Check #Amount Supplier / Explanation Account Description Business Unit Comments308409475SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1035768 474 CUSTOM HOSE TECH Equipment Parts Fleet Operating
308136 472 SMALL LOT MN Liquor Product Received Den Road Liquor Store
1035771 465 METROPOLITAN FORD Equipment Parts Fleet Operating
308350 462 CENTURYLINK Telephone IT Operating
308331 448 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance308240444PROP - PR Charitable Contributions Health and Benefits308368443FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
308235 435 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Senior Center
308140 432 WINEBOW Liquor Product Received Den Road Liquor Store
308190 431 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Wasterwater Collection
308131 422 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
10319 420 BPAS HRA Health and Benefits
10346 418 WEX FSA - Medical Health and Benefits
308241 410 QUETICA LLC Other Contracted Services Facilities Capital308382405LAWSON PRODUCTS INC Equipment Parts Fleet Operating1035752404ULINERepair & Maint. Supplies Water Treatment
308117 398 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1035766 397 BERRY COFFEE COMPANY Merchandise for Resale Concessions
308312 395 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
308413 392 STAPLES ADVANTAGE Office Supplies Utility Operations - General
10335 391 WEX FSA - Medical Health and Benefits
308270 384 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station308393375MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating1035722370GREATAMERICA FINANCIAL SVCS Postage Customer Service
308228 370 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance
10330 363 WEX FSA - Medical Health and Benefits
1035729 357 NESSLER STEVEN Tuition Reimbursement/School Police Sworn
308285 355 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
308162 354 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
308318 353 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store308215350MARCO INC Operating Supplies IT Operating308363350EPAM ROTARY FOUNDATION Marketing 494 Corridor Commission
308326 349 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1035784 348 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
308255 348 STOBB HAILEY Clothing & Uniforms Winter Theatre
308148 346 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1035740 341 FRONTIER PRECISION INC Repair & Maint. Supplies Park Maintenance
10347 336 WEX FSA - Medical Health and Benefits
308308 333 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store308201328IDEA CREEK LLC,THE Operating Supplies-Award/Retir Fire308252325ST CROIX LINEN LLC Operating Supplies-Linens Fire
308182 325 DELEGARD TOOL CO Equipment Parts Fleet Operating
1035727 310 METROPOLITAN FORD Equipment Parts Fleet Operating
308345 302 BOLTON & MENK INC Design & Engineering Water Capital
308142 301 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
308157 300 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store
308358 300 COMCAST Phone/Data/Web 494 Corridor Commission308265300WAYNES HOME SERVICES Janitor Service Prairie View Liquor Store308353300CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
308364 300 ESTRINE, ROBERT Other Contracted Services Community Band
1035738 299 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
10320 296 US BANK - PAYMODE Bank and Service Charges Finance
308171 292 ARAMARK Janitor Service Prairie Village Liquor Store
308195 283 HARVEST BAKERY SERVICES INC.Contract Svcs - Electrical Senior Center
308169 282 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Police Sworn
308336 282 ARAMARK Janitor Service Prairie Village Liquor Store308154276LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1035711 272 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
308114 270 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035732 259 WILLIAMSON SCOTT Tuition Reimbursement/School Fleet Operating
308417 250 TEH ALYSSA Advertising Winter Theatre
308329 243 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
308366 242 FEINE DAN Travel Expense Police Sworn
308381 242 JOHNSON JUSTIN Travel Expense Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments1035773242PARKER, WARD Travel Expense Fire
308398 235 NORTHERN TOOL Equipment Parts Fleet Operating
308172 234 ARCPOINT LABS OF EDINA Employment Support Test Organizational Services
308278 234 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
10315 227 VANCO SERVICES Bank and Service Charges Wastewater Accounting
308260 226 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn308296226BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store308314226BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
308337 225 ASPEN MILLS Clothing & Uniforms Fire
308138 222 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
10333 220 WEX FSA - Medical Health and Benefits
308292 214 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
308328 211 WACONIA BREWING COMPANY Liquor Product Received Prairie View Liquor Store
308396 210 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
308284 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store308335202AQUA LOGIC INC Supplies - HVAC Pool Maintenance308187200ELLENBECKER CATHERINE Other Contracted Services Fitness Classes
308351 200 CHURCH KRISTINE Other Contracted Services Winter Theatre
308249 197 SNAP-ON TOOLS Small Tools Fleet Operating
1035776 196 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating
308254 195 STAPLES ADVANTAGE Office Supplies Customer Service
308098 192 ANNUNZIATO BEVERLY Deposits General Fund
308192 187 GLOBAL EQUIPMENT COMPANY Operating Supplies Fleet Operating308286185MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store10329185WEXFSA - Medical Health and Benefits
308319 183 DOMACE VINO Liquor Product Received Prairie View Liquor Store
10332 182 WEX FSA - Medical Health and Benefits
1035761 176 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1035794 174 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
308294 173 WINEBOW Liquor Product Received Prairie Village Liquor Store
308118 172 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store308273172BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store1035723168LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
1035759 166 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
308216 160 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn
308113 159 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
308279 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
308101 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
308401 152 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
1035753 150 USA SECURITY Maintenance Contracts Water Treatment308408145SCHUETTE STEVE Operating Supplies Community Band308293145WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
308309 144 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
308175 143 BOOSHIE INC Clothing & Uniforms Fire
308233 140 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration
308130 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
308323 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1035769 136 HAAK LORI Mileage & Parking Stormwater Non-Capital308179135CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits308108134INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
10321 132 WEX HSA - Employee Health and Benefits
1035785 132 ESS BROTHERS & SONS INC Repair & Maint. Supplies Park Maintenance
308116 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
10328 131 WEX FSA - Medical Health and Benefits
1035731 130 ROCKEY, JOSH Mileage & Parking Senior Center Admin
10314 129 WEX FSA - Medical Health and Benefits
308356 129 COMCAST Utilities Public Safety Communications308149126HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
1035743 125 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
10323 125 WEX FSA - Medical Health and Benefits
1035720 125 BUNCH, DENISE H Tuition Reimbursement/School Fitness Classes
308282 125 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
308161 124 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
308251 123 SOLUTION BUILDERS Computers 494 Corridor Commission
308159 122 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments308352120CINTAS CORPORATION #470 Operating Supplies Park Maintenance
308106 120 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
308342 120 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Water Distribution
1035717 120 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
308266 120 WRIGHT TAMARA Tuition Reimbursement/School Fitness Classes
1035713 114 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store308290111PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store308400110OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
308415 108 SYKORA CHERYL Operating Supplies Community Band
1035709 107 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1035795 106 STERICYCLE INC Other Contracted Services Police Sworn
308141 105 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
308419 104 T-MOBILE Cell Phones 494 Corridor Commission
1035762 104 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1035726 101 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes308099101FRITZ, DONNAMAE Deposits General Fund30828197INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
308321 97 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
308354 97 COMCAST Internet IT Operating
308391 96 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
308185 95 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
308164 92 M-R SIGN CO INC Signs Traffic Signs
1035765 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store30842190TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission30817690BROADWAY AWARDS Operating Supplies Volunteers
308226 89 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
10316 88 WEX FSA - Medical Health and Benefits
308407 87 PROPIO LS LLC Other Contracted Services Police Sworn
308120 86 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
308152 85 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store
308375 82 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance30839279MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn1033178PAYCHEXPayroll Admin. Fees 494 Corridor Commission
308386 74 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
1035744 73 JANEX INC Cleaning Supplies General Community Center
308332 72 AMERICAN PRESSURE INC Supplies - General Bldg Maintenance Facility
308186 69 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
308218 68 MARTIN KRISTINE P&R Refunds Community Center Admin
308344 60 BOARD OF WATER & SOIL RESOURCES Conference/Training Stormwater Non-Capital
1035772 60 MPX GROUP, THE Printing Police Sworn103572558MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission30835756COMCASTCable TV Fire
308180 51 COMCAST Internet IT Operating
308229 50 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment
308269 50 INDIA ASSOCIATION OF MINNESOTA Other Contracted Services PeopleFest
1035774 48 QUALITY PROPANE Motor Fuels Fleet Operating
308222 47 MINNEAPOLIS SAW COMPANY INC Operating Supplies Tree Disease
1035770 46 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission30840441PRAIRIE LAWN AND GARDEN Operating Supplies Tree Disease30839040MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
308399 37 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating
308355 34 COMCAST Other Contracted Services Police Sworn
308380 32 JERRY'S ENTERPRISES INC Equipment Parts Park Maintenance
1035728 28 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
308217 26 MARTENS HEIDI AR Utility Water Enterprise Fund
308225 26 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
308389 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General103577521SPOK, INC.Cell/Pager Plans IT Operating
10334 19 WEX FSA - Medical Health and Benefits
308232 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
1035730 4 QUALITY PROPANE Motor Fuels Fleet Operating
2,961,476 Grand Total
City of Eden PrairiePurchasing Card Payment Report
4/16/2024
Amount Account Description Business Unit
4,719 Plumbing Surcharge General Fund
3,752 Other Contracted Services Wine Club/Events
3,408 Capital Under $25,000 Fitness Classes
2,825 Capital Under $25,000 Capital Outlay Parks
2,038 Merchandise for Resale Concessions
1,750 Other Rentals July 4th Celebration
1,642 Repair & Maint. Supplies General Community Center
1,539 Repair & Maint. Supplies Police (City Cost)
1,490 Repair & Maint. Supplies General Community Center
1,319 Repair & Maint. Supplies Park Maintenance
1,250 Conference/Training Tree Disease
1,215 Operating Supplies Police Sworn
1,199 Conference/Training IT Operating
1,158 Operating Supplies Fire
1,154 Employee Award Organizational Services
1,015 Training Fire
850 Tuition Reimbursement/School Police Sworn
825 Dues & Sub-Memberships Fire
790 Tuition Reimbursement/School Police Sworn
785 Conference/Training Planning
781 Operating Supplies Fire
780 Bank and Service Charges Prairie View Liquor Store
760 Conference/Training Communications
730 Protective Clothing Police Sworn
717 Repair & Maint. Supplies Ice Arena Maintenance
681 Dues & Sub-Memberships Assessing
667 Dues & Sub-Memberships Planning
650 Conference/Training Park Maintenance
650 Conference/Training Park Maintenance
635 Employee Award Organizational Services
617 Fire Prevention Supplies Fire
605 Conference/Training Fleet Operating
599 Licenses, Taxes, Fees Fitness Classes
576 Conference/Training IT Operating
575 Awards Finance
571 Operating Supplies Winter Theatre
563 Operating Supplies Assessing
550 Dues & Sub-Memberships Police Sworn
516 Conference/Training Community Center Admin
Amount Account Description Business Unit451Operating Supplies Fire
404 Small Tools Fire
399 Other Contracted Services Liquor Store Delivery
384 Merchandise for Resale Concessions
378 Tuition Reimbursement/School Police Sworn
360 Equipment Parts Fleet Operating
358 Repair & Maint. Supplies Water Distribution
350 Licenses, Taxes, Fees Utility Operations - General
349 Dues & Sub-Memberships Engineering
326 Operating Supplies Public Safety Communications
326 Operating Supplies Public Safety Communications
325 Conference/Training Utility Operations - General
324 Miscellaneous City Council
294 Licenses, Taxes, Fees Fleet Operating
288 Dues & Sub-Memberships Fire
276 Operating Supplies New Adaptive
275 Operating Supplies Fire
275 Conference/Training Fire
275 Conference/Training Utility Operations - General
275 Conference/Training Tree Disease
263 Merchandise for Resale Concessions
258 Licenses, Taxes, Fees Pool Lessons
257 Operating Supplies Fire
251 Merchandise for Resale Concessions
244 Office Supplies Elections
241 Operating Supplies Community Center Admin
240 Operating Supplies Fire
234 Operating Supplies Volunteers
230 Conference/Training Street Maintenance
229 Equipment Parts Fleet Operating
223 Operating Supplies Pool Lessons
222 Operating Supplies Fire
222 Conference/Training Utility Operations - General
222 Operating Supplies Police Sworn
221 Janitor Service Prairie View Liquor Store
212 Dues & Sub-Memberships Police Sworn
207 Operating Supplies Fire
206 Employee Award Organizational Services
200 Dues & Sub-Memberships Fire
200 Dues & Sub-Memberships Fire
200 Conference/Training Engineering
200 Conference/Training Park Maintenance
199 Conference/Training Utility Operations - General
Amount Account Description Business Unit199Operating Supplies Fire
198 Operating Supplies Police Sworn
196 Operating Supplies Ice Operations
192 Operating Supplies Prairie View Liquor Store
190 Dues & Sub-Memberships Police Sworn
186 Operating Supplies Community Center Admin
184 Licenses, Taxes, Fees Pool Lessons
184 Licenses, Taxes, Fees Pool Lessons
181 Computers Utility Operations - General
179 Operating Supplies Fire
176 Operating Supplies Fire
175 Operating Supplies Youth Programs Admin
175 Dues & Sub-Memberships Organizational Services
173 Operating Supplies Pool Operations
170 Conference/Training Utility Operations - General
168 Clothing & Uniforms Fitness Admin.
168 Dues & Sub-Memberships Arts
167 Merchandise for Resale Concessions
165 Operating Supplies New Adaptive
163 Dues & Sub-Memberships Recreation Admin
161 Operating Supplies Fire
160 Protective Clothing Fire
160 Equipment Parts Fleet Operating
160 Clothing & Uniforms Volunteers
160 Protective Clothing Police Sworn
159 Conference/Training Senior Center Admin
157 Operating Supplies Fire
156 Operating Supplies Fitness Classes
153 Repair & Maint. Supplies General Community Center
151 Operating Supplies Police Sworn
150 Other Contracted Services Specialty Fitness Programs
149 Repair & Maint. Supplies Outdoor Center Facilities
145 Conference/Training Park Maintenance
143 Dues & Sub-Memberships Fire
141 Equipment Parts Emergency Management
140 Conference/Training Utility Operations - General
138 Licenses, Taxes, Fees Pool Lessons
138 Conference/Training Aquatics Admin.
134 Operating Supplies Elections
130 Protective Clothing Police Sworn
129 Operating Supplies Police Sworn
128 Operating Supplies Arts Center
123 Equipment Parts Park Maintenance
Amount Account Description Business Unit122Operating Supplies Housing and Community Service
122 Repair & Maint. Supplies Dunn Brothers
121 Operating Supplies Police Sworn
120 Other Contracted Services Liquor Store Delivery
119 Operating Supplies Arts Center
118 Operating Supplies Community Center Admin
114 Licenses, Taxes, Fees Pool Lessons
110 Licenses, Taxes, Fees Fitness Classes
108 Operating Supplies Arts Center
106 Merchandise for Resale Concessions
106 Concessions Winter Theatre
101 Office Supplies Police Sworn
101 Office Supplies Police Sworn
100 Operating Supplies Arts Center
100 Employee Award Organizational Services
100 Repair & Maint. Supplies Fire Station #1
99 Conference/Training City Council
96 Operating Supplies Day Care
95 Repair & Maint. Supplies Park Maintenance
90 Licenses, Taxes, Fees Pool Lessons
89 Software/Hardware Maint.Fire
89 Dues & Sub-Memberships Police Sworn
89 Operating Supplies Police Sworn
88 Equipment Repair & Maint Park Maintenance
88 Operating Supplies Youth Programs Admin
86 Operating Supplies Public Safety Communications
85 Operating Supplies Arts Center
85 Operating Supplies Fire
84 Operating Supplies Fire
84 Operating Supplies Fire
84 Operating Supplies Fire
81 Operating Supplies Police Sworn
79 Licenses, Taxes, Fees Fleet Operating
79 Operating Supplies Arts Center
78 Merchandise for Resale Concessions
76 Merchandise for Resale Concessions
76 Conference/Training Community Center Admin
76 Conference/Training Community Center Admin
76 Licenses, Taxes, Fees Pool Lessons
75 Special Event Fees Senior Center Programs
75 Tuition Reimbursement/School Police Sworn
75 Conference/Training Park Maintenance
75 Tuition Reimbursement/School Police Sworn
Amount Account Description Business Unit75Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Training Supplies Police Sworn
74 Operating Supplies Arts Center
71 Equipment Repair & Maint Public Safety Communications
70 Dues & Sub-Memberships Finance
70 Dues & Sub-Memberships Finance
70 Dues & Sub-Memberships Finance
70 Dues & Sub-Memberships Finance
69 Operating Supplies Pool Operations
68 Process Control Equipment IT Operating
66 Safety Supplies Utility Operations - General
66 Repair & Maint. Supplies City Hall (City Cost)
65 Operating Supplies Public Safety Communications
65 Operating Supplies Police Sworn
64 Operating Supplies Elections
64 Operating Supplies Winter Theatre
63 Equipment Repair & Maint Senior Center Programs
63 Employment Support Test Organizational Services
62 Operating Supplies Police Sworn
61 Repair & Maint. Supplies Utility Operations - General
61 Operating Supplies Arts Center
60 Office Supplies Park Maintenance
60 Special Event Fees Senior Center Programs
60 Advertising Theatre Initiative
60 Advertising Summer Theatre
60 Conference/Training Park Maintenance
59 Operating Supplies Arts Center
59 Operating Supplies Youth Programs Admin
59 Operating Supplies Day Care
58 Repair & Maint. Supplies Park Maintenance
57 Operating Supplies Fitness Admin.
57 Office Supplies Police Sworn
55 Operating Supplies Winter Theatre
54 Equipment Parts Emergency Management
51 Operating Supplies Volunteers
50 Employee Award Organizational Services
50 Printing Police Sworn
50 Conference/Training Fire
50 Licenses, Taxes, Fees Inspections-Administration
50 Printing Community Brochure
50 Dues & Sub-Memberships Police Sworn
Amount Account Description Business Unit50Conference/Training Utility Operations - General
49 Protective Clothing Police Sworn
48 Conference/Training Planning
48 Conference/Training Community Development Admin.
48 Special Event Fees Senior Center Programs
48 Operating Supplies Fitness Admin.
48 Merchandise for Resale Senior Board
46 Operating Supplies Gymnasium (CC)
44 Operating Supplies Youth Programs Admin
44 Operating Supplies Outdoor Center
43 Operating Supplies Arts Center
43 Operating Supplies Arts Center
41 Training Supplies Fire
41 Miscellaneous Elections
40 Operating Supplies Arts Center
40 Dues & Sub-Memberships Youth Programs Admin
39 Employee Award Organizational Services
39 Conference/Training Utility Operations - General
37 Training Supplies Fire
36 Repair & Maint. Supplies Utility Operations - General
36 Operating Supplies Youth Programs Admin
36 Computers IT Operating
36 Conference/Training Park Maintenance
35 Conference/Training Human Resources
35 Special Event Fees Senior Center Programs
34 Operating Supplies Fire
34 Office Supplies Utility Operations - General
33 Concessions Winter Theatre
33 Operating Supplies Arts Center
33 Operating Supplies Community Center Admin
33 Merchandise for Resale Senior Board
32 Operating Supplies Outdoor Center
32 Advertising Arts Center
31 Operating Supplies Youth Programs Admin
31 Special Event Fees Senior Center Programs
30 Miscellaneous Economic Development
30 Conference/Training Utility Operations - General
30 Operating Supplies Outdoor Center
30 Office Supplies Police Sworn
29 Operating Supplies Senior Center Programs
28 Computers IT Operating
28 Operating Supplies Arts Center
27 Office Supplies Elections
Amount Account Description Business Unit27Office Supplies Utility Operations - General
27 Operating Supplies Fire
27 Repair & Maint. Supplies Park Maintenance
27 Operating Supplies Arts Center
26 Office Supplies Police Sworn
26 Operating Supplies Fitness Center
26 Operating Supplies Gymnasium (CC)
25 Merchandise for Resale Senior Board
25 Operating Supplies Police Sworn
25 Other Contracted Services Wine Club/Events
25 Advertising Outdoor Center
25 Operating Supplies Arts Center
25 Operating Supplies New Adaptive
25 Safety Supplies Fleet Operating
24 Operating Supplies Fitness Center
24 Operating Supplies Community Band
24 Operating Supplies Fire
23 Operating Supplies Arts Center
23 Operating Supplies IT Operating
23 Operating Supplies Youth Programs Admin
23 Operating Supplies Arts Center
23 Janitor Service Prairie Village Liquor Store
22 Employee Award Organizational Services
22 Operating Supplies Arts Center
22 Operating Supplies Arts Center
22 Operating Supplies Fitness Classes
22 Operating Supplies Pool Operations
21 Operating Supplies Community Center Admin
21 Office Supplies Elections
21 Operating Supplies Outdoor Center
20 Training Supplies Fire
20 Dues & Sub-Memberships Police Sworn
20 Dues & Sub-Memberships Arts
20 Employee Award Organizational Services
20 Operating Supplies Police Sworn
20 Operating Supplies New Adaptive
19 Equipment Repair & Maint Senior Center Programs
19 Operating Supplies Fitness Classes
18 Operating Supplies Outdoor Center
18 Operating Supplies Fire
18 Special Event Fees Trips
18 Operating Supplies Arts Center
18 Operating Supplies Youth Programs Admin
Amount Account Description Business Unit18Office Supplies Police Sworn
17 Other Contracted Services Organizational Services
17 Office Supplies Elections
17 Operating Supplies Youth Programs Admin
17 Operating Supplies Arts Center
17 Repair & Maint. Supplies Outdoor Center Facilities
16 Operating Supplies Outdoor Center
16 Operating Supplies Fitness Center
16 Employee Award Organizational Services
16 Operating Supplies Fire
15 Equipment Repair & Maint Senior Center Programs
15 Office Supplies Elections
15 Operating Supplies Prairie View Liquor Store
15 Mileage & Parking Administration
15 Mileage & Parking Economic Development
15 Licenses, Taxes, Fees Theatre Initiative
15 Miscellaneous City Council
15 Miscellaneous City Council
15 Operating Supplies Arts Center
14 Motor Fuels Fleet Operating
14 Operating Supplies Volunteers
14 Mileage & Parking Economic Development
14 Equipment Parts Fleet Operating
13 Miscellaneous Economic Development
13 Operating Supplies Senior Center Admin
12 Operating Supplies Outdoor Center
12 Operating Supplies Arts Center
12 Operating Supplies Winter Theatre
12 Merchandise for Resale Concessions
12 Operating Supplies Pool Operations
12 Operating Supplies Outdoor Center
11 Operating Supplies New Adaptive
11 Employee Award Organizational Services
11 Office Supplies Park Maintenance
11 Operating Supplies Elections
10 Employee Award Organizational Services
10 Mileage & Parking Utility Operations - General
10 Other Contracted Services Wine Club/Events
9 Operating Supplies Arts Center
9 Operating Supplies Outdoor Center
9 Operating Supplies Day Care
9 Operating Supplies Arts Center
8 Miscellaneous Police Sworn
Amount Account Description Business Unit8Equipment Repair & Maint Police Sworn
8 Computers IT Operating
8 Operating Supplies New Adaptive
7 Bank and Service Charges Winter Theatre
6 Operating Supplies Senior Center Admin
6 Operating Supplies Pool Operations
5 Capital Under $25,000 Police Sworn
5 Mileage & Parking Utility Operations - General
4 Mileage & Parking Police Sworn
4 Miscellaneous IT Operating
4 Operating Supplies New Adaptive
-8 Operating Supplies Recreational Sports
-26 Employee Award Organizational Services
-30 Operating Supplies IT Operating
-35 Employee Award Organizational Services
-36 Computers IT Operating
-50 Conference/Training Utility Operations - General
-100 Deposits General Fund
-100 Deposits General Fund
-100 Deposits General Fund
-100 Deposits General Fund
-121 Repair & Maint. Supplies Police (City Cost)
-605 Deposits General Fund
-1,431 Small Tools Park Maintenance
-5,360 Other Revenue General Fund
67,577 Report Total