HomeMy WebLinkAboutCity Council - 05/21/2024
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MAY 21, 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. CITY CENTER/POLICE REMODEL
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 21, 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. HUMAN RIGHTS AWARDS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 07, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 07, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. AWARD WEST 70TH IMPROVEMENT PROJECT TO GMH ASPHALT CORPORATION
C. AWARD PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT TO NORTHWEST ASPHALT, INC.
D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, INC
FOR INSTRUMENTATION AND CONTROL SYSTEMS PROGRAMMING AND CONFIGURATION FOR WASTEWATER LIFT STATION REHABILITATION PROJECTS
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E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION MATERIALS TESTING FOR PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT
F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR A TRAFFIC STUDY FOR EDEN PRAIRIE CENTER REDEVELOPMENT
IX. PUBLIC HEARINGS AND MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Presentations
DATE:
May 21, 2024
DEPARTMENT/DIVISION: Community Development/Housing &
Community Services
Julie Klima
ITEM DESCRIPTION:
Human Rights Awards
ITEM NO.:
IV.A.
Synopsis
Human Rights & Diversity Commissioners will present the three Human Rights Awards.
Introduce the Human Rights Awards Susan Weaver will provide an introduction.
The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. In celebration of the manifesto, we are honored to recognize through the Human Rights Awards community individuals, businesses, and non-profits that live
its values through their service to our community. We’ll begin by welcoming our business award recipient to the podium.
Business Award: Jill Slipper Scholtz
Presenting the Award: Kuhu Singh
It is my pleasure to present the award for the Human Rights Awards Business category to Jill Slipper Scholtz. Jill has served Eden Prairie and surrounding communities for several years by offering training and consultation in the diversity-equity-inclusion space. Most recently, she has
served as the Diversity (DEI) Committee chair for the Eden Prairie Community Foundation.
Jill has led the Foundation's DEI Committee in identifying key goals to promote diversity, equity, and inclusion in the community and organization, tying many of them to the Eden Prairie Race Equity Report. In working toward some of these goals, she and the team hosted a series of events focused on community learning and relationship building as she has worked to promote
diversity in the community and in the organization itself. In her leadership, Jill is intentional
about fostering an atmosphere of caring for others. She does so at meetings and events by setting an example with her words and demeanor, and by communicating goals and guidelines that promote inclusion and participation.
Individual Award: Hodan Nur Presenting the Award: Asad Aliweyd
It is my pleasure to present the Human Rights Award for the Individual category to Hodan Nur. Hodan has consistently demonstrated strong leadership in supporting East African families and
youth through her work in schools and at the Irshad Islamic Center. She tirelessly works with
immigrant families to advocate for excellence in their children's education, fostering youth leadership, and providing guidance on staying away from trouble, including addictions and crime. Hodan fosters an atmosphere of caring for others through her genuine dedication and
compassionate approach. She listens attentively to the needs and concerns of immigrant families, youth, and the community, always striving to find meaningful solutions. Hodan's advocacy for
children's education, her guidance on avoiding negative influences, and her support for youth
leadership initiatives all stem from her deep commitment to well-being and success.
Non-Profit Award: The Prop Shop Presenting the Award: Shana Bates
I am pleased to announce the winner of the Human rights Awards in the Non-Profit category to the Prop Shop. The PROP Shop has for many years mobilized the Eden Prairie community to care for its neighbors, serving its increasingly diverse and multicultural community. The organization meets the needs of clients who are experiencing various forms of hardship,
providing clothing, household goods, and furniture all free of charge. Training and deploying
hundreds of volunteers and accepting donations from thousands of community members, the PROP Shop directs resources where they are needed most. Under the visionary and caring leadership of its staff and board members, where clients are treated with dignity, care, and respect, the PROP Shop has become a cornerstone nonprofit organization in Eden Prairie,
making our community a better place for all.
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MAY 07, 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. 2023 AUDIT REPORT AND FINANCIAL STATEMENTS
Getschow explained the first workshop in May is dedicated to the Annual Comprehensive
Financial Report (ACFR) and audit results. The Council will formally accept the ACFR at
tonight’s Council meeting. The City’s auditor is BerganKDV. Caroline Stutsman, BerganKDV
Partner for the City’s audit, explained it is management’s responsibility to prepare and present
the financial statements in accordance with Generally Accepted Accounting Principles (GAAP).
BerganKDV’s role is to provide an opinion on the statements. BerganKDV issued an unmodified
opinion, meaning the financial statements are considered fairly stated in material respects.
BerganKDV considered internal controls in accordance with Government Auditing Standards.
There were no findings, which is an achievement as it is uncommon. The City spent over $750
thousand in federal grant dollars, necessitating a Federal Single Audit. The Community
Development Block Grant was tested, with no findings reported. Minnesota Legal Compliance
was also tested, with no findings reported. Case asked if BerganKDV can detect deception.
Stutsman noted along with inquiry, BerganKDV conducts sampling and reviews supporting
documents, designed to give reasonable assurance the financials do not include misinformation.
Stutsman began summarizing General Fund revenues. In total, General Fund revenues increased
by one-half percent from 2022. Taxes and assessments increased due to an increase in the levy.
Charges for services increased due to memberships and registrations rebounding.
Intergovernmental revenue decreased due to federal COVID grants received in 2022 that did not
continue in 2023. The Other category increased due to investment income based on market
conditions. Getschow added Community Center memberships and recreation fees are almost
fully recovered from COVID years. The City used federal COVID grants as a replacement for
lost revenue. Stutsman explained General Fund expenditures increased four percent. The
increase was mainly in Police and Parks and Recreation due to increased wages and benefits.
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Stutsman explained revenues were over budget by six percent, mainly due to investment income.
It is common to budget revenues conservatively. Licenses and permits and intergovernmental
revenue were over budget. Expenditures were under budget by two percent. Police had multiple
open positions throughout the year. The General Fund fund balance increased by $283 thousand.
The City is in compliance with its fund balance policy.
Stutsman next explained the Water Fund. Charges for services increased due to an increase in
rate and consumption. Operating expenses decreased two percent in 2023 due to meter changeout
expenses in 2022. There was an operating loss of $1.2 million in 2023, compared to an operating
loss of $2.3 million in 2022. Operating income covered approximately 60 percent of depreciation
expense. Case asked if the City has an ideal amount of depreciation expense covered by
operating income. Ellis stated the current amount of depreciation expense covered by operating
income is adequate. The City has a robust Capital Improvement Plan (CIP) and infrastructure
replacements are carefully planned. Stutsman explained the Water Fund’s cash and unrestricted
net position. Significant investment in capital assets was made in 2023, resulting in a cash
decrease. Unrestricted net position continues to increase. Tammy Wilson, Finance Manager,
added the City is in compliance with the Water Fund’s fund balance policy. An excess of cash
can be used to fund future capital projects in lieu of issuing debt.
Stutsman next provided an overview of the Wastewater Fund. Operating revenues increased due
to a rate increase. Operating expenses decreased in 2023 due to lift station rehabilitation program
costs in 2022. Wastewater charges for services are fully covering depreciation expense. Cash and
unrestricted net position increased. Wilson explained this fund is in compliance with the City’s
fund balance policy. Case asked if the dry summer affects the wastewater fund. Ellis clarified the
Wastewater Fund is independent of environmental conditions and is driven only by water used
inside the home.
Stutsman next summarized the Stormwater Fund. Operating revenue increased due to a rate
increase. Expenses increased due to repair and maintenance costs. Operating income fully covers
depreciation expense, which is not always the case for an infrastructure heavy fund. Case asked
if the fund balance amount is at a responsible level. Ellis confirmed all utility funds are at a
responsible fund balance.
Stutsman next discussed the Liquor Fund. 2023 sales and cost of sales are consistent with 2022.
The gross profit percentage is 29.8 percent, higher than the metro municipal average. Cash and
unrestricted net position are increasing. Case asked how much money is transferred from the
Liquor Fund to the CIP. Getschow confirmed $800 thousand is transferred from the Liquor
Operations Fund to the CIP. Nelson asked if adults are consuming less alcohol. Getschow noted
THC products and beverages have cut into craft beer sales. Alcohol sales may be affected next
year when dispensaries open. EP Liquor is on track to sell the same amount or better in 2024.
Toomey asked how many liquor stores Edina has. Getschow confirmed Edina has four liquor
stores.
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Stutsman explained the tax capacity increased at a greater rate than the tax levy, resulting in a
decreased tax capacity rate in 2023. Getschow noted tax rates are decreasing as development and
value increases are outpacing levy increases. The City is experiencing the largest tax rate
decreases in the past decade. 2024 is also expected to have a tax capacity rate decrease. Case
stated the City experiences three to five new developments each year, resulting in the tax base
growing faster than the levy. The Council thanked Stutsman for her time.
II. FINANCIAL POLICIES
Wilson explained the City’s financial policies. These policies assist in long-term cost-effective
provisions, ensure the City provides accurate and timely information, ensure legal use and
protection of City funds, and protect the City’s credit rating. Financial management policies
include developing a two-year budget, adopting a balanced budget, using one-time revenues for
one-time expenses, providing for adequate maintenance and replacement of physical assets,
maintaining a budgetary control system to ensure adherence to the budget, and preparing
quarterly financial reports. Nelson stated the City was in a difficult financial position in her first
two years on the Council, and commended Wilson for her team’s efforts.
Wilson explained revenue policies. The City conservatively budgets annual revenues. Building
permit revenue is budgeted excluding large one-time projects. The City budgets 89 percent of the
amount levied for tax revenue to account for delinquencies. The City has had a low delinquency
rate in the past ten years, under two percent. Case asked if delinquent taxes are collected in
future years. Wilson explained appeals can result in tax credits. Getschow added unpaid taxes
will eventually send a property into delinquency. Case asked if the City’s uncollected tax rate is
comparable to other cities. Getschow noted large metropolitan cities may have a larger
delinquent tax rate, but comparable suburban cities usually collect around 98 percent of taxes
levied. Wilson stated the City eventually collects an average of 99 percent of the tax levy, the
remaining portion is adjusted due to appeals. The City sets utility fund user charges at a
reasonable rate to fully support costs. A rate study was completed in 2017 by Advanced
Engineering and Environmental Services, Inc. The study projected rates for the City to ensure
operating and capital needs are met over the next ten years. To date the City has followed the
projected rates.
Wilson explained the accounting, auditing and reporting policies including establishing and
maintaining a high standard of accounting practices in conformity with GAAP, hiring an
independent audit firm, and attempting to maintain the Certificate of Excellence in Financial
Reporting from the Government Finance Officers Association. The Certificate of Excellence has
been received every year since 1990.
Wilson next explained the debt policies. The City will confine long-term borrowing to capital
projects with a life of more than five years that cannot be financed from current revenues. The
City will attempt to keep the maturity length of general obligation bonds below 20 years, and
retire at least half the principal amount within ten years. The length of a debt issuance should
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never be longer than life of capital asset. The total debt levy paid by general obligation taxes
shall remain under 15 percent of the general fund budget (the current level is five percent). No
variable rate debt will be issued. Future debt issuance will be planned through the CIP process.
The City will maintain a pay-as-you-go program for capital purchases.
Wilson summarized capital improvement policies. The City will develop a ten-year CIP for
projects over $25,000 and will update the plan every two years. Case noted estimates for recent
projects, including the outdoor athletic facility and police remodel, were significantly higher than
initial projections and asked for the cause. Getschow explained significant inflation is a
phenomenon of recent years. The City has completed seven CIP cycles, only recently have
estimates been significantly higher than initial projections. Projects going out for bid currently
are seeing estimates back at a normal level. Case asked if the City trends costs, for example fire
trucks. Gerber stated the City does attempt to trend prices, however the recent cost of a fire truck
market-wide has increased exponentially past trend lines. Freiberg asked if the salvage value of a
firetruck has increased. Gerber noted a secondhand fire truck can be sold for slightly more, but
not a significant increase.
Wilson explained the liquor fund is a dedicated funding source for the CIP. The liquor fund has
contributed over $8 million of profits to the CIP in the past ten years. Excess general fund
balance is also transferred to the CIP. The average transfer from the general fund to the CIP fund
is $2.8 million over the past five years. Case noted every tax dollar is put to use, no surplus
dollars are stashed away.
Wilson explained the general fund fund balance policy is to retain 50 percent of next years
budgeted tax revenue as the City receives tax payments in June and December. Additionally ten
to 15 percent of next years budget is retained as a contingency. In 2023 $33.6 million was
retained in compliance with the fund balance policy, the remainder was transferred to the CIP.
For utility funds, the balance retained is a combination of 90 days of operating expenses, next
year’s debt payment, the average of two years of capital expenses, and unspent Water Access
Charges (WAC) and Sewer Access Charges (SAC). Case asked why WAC and SAC dollars
were retained. Ellis stated WAC and SAC dollars are retained for expansion of the utility
infrastructure systems. All three utility funds comply with the fund balance policy. Case asked
what percentage of households have received a new water meter. Ellis confirmed 17 thousand of
18 thousand households have received a new water meter. There are roughly one thousand
remaining commercial meters to be upgraded. The Council thanked Wilson for her time.
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM IV. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 7, 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 7:01 PM. Narayanan was absent. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION Case noted Joseph C. Johns was an Eden Prairie resident served as a firefighter in both Eden Prairie and Eagan. He died while off-duty over the weekend. He offered condolences to the family.
Case pointed out City Manager Rick Getschow won the Minnesota County City Managing Association Dr. Robert A. Barrett Award of Management Excellence. The recognition is essentially the City Manager of the Year for the State of Minnesota. He thanked Staff for their service.
Toomey congratulated Getschow and agreed he is the best City Manager. Nelson noted the Council already knew he was the best City Manager. Freiberg pointed out Getschow’s consistent support of the City. He stated Getschow’s
work for the City is unmatched.
Getschow explained the award was a pleasant surprise, and it is a testament to the great Staff and community members in Eden Prairie.
Case explained Open Podium. IV. PROCLAMATIONS / PRESENTATIONS A. HERITAGE PRESERVATION AWARD
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Getschow explained the award recognizes an individual, a family or a business who has made an outstanding contribution to Eden Prairie’s historic resources. He invited Heritage Preservation Commission Chair Steve Schumacher to
continue the award preservation.
Mr. Schumacher pointed out a number of Commissioners and the Commission’s Staff liaison were present. He provided background on the award and explained there are three recipients of the 2024 Heritage Preservation Award.
Mr. Schumacher stated the first award is for Marcia Kolb and Johnny Severson who have restored their historical home and are committed to preserving part of Eden Prairie’s heritage. Case presented them with the award.
Mr. Schumacher stated John Gertz has previously worked with the City as a
Preservation Specialist and helped to designate many homes as historical sites. His contributions to the City and the history of Eden Prairie can be seen throughout the community. Case presented him with the award and pointed out the award for Mr. Gertz is long overdue.
Mr. Schumacher added Alexandra (Sasha) Allen is President of the High School’s History Club and serves as a Youth Commissioner. She has created a documentary recognizing Agnes Lackovic’s life and history with Eden Prairie. Case presented her with the award.
B. 2023 ANNUAL COMPREHENSIVE FINANCIAL REPORT
Getschow explained Minnesota Statutes require the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The report was prepared by the Finance Division and audited by the independent auditing firm of BerganKDV. BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the
financial statements are fairly presented in all material respects. Caroline Stutsman, Partner with the accounting firm, explained BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly
presented in all material respects. Ms. Stutsman showed a graph comparing General Fund revenues over the past few years. Overall, the Fund breaks even. Case pointed out the City has
recovered to its pre-pandemic financial levels.
Ms. Stutsman showed a graph depicting the General Fund expenditures over the past few years. She explained there is a notable increase due to increased wages and benefits. She also showed a table of a budgetary comparison for the General
Fund. In total, the City is around two percent under budget.
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Ms. Stutsman showed a graph with the General Fund operations including the total revenues, total expenditures, cash and investment balance, and unassigned
balance for each year since 2019. Case added $30 million is not banked each
year. Instead, it is carried over to the following budget year. Ms. Stutsman showed a graph depicting the tax capacity, levy, and rates since 2019. The tax capacity increased over time, but the tax capacity rate has
decreased. Case explained it is because of the solid tax base and the increased
interest in folks working and living in the City. Getschow noted the Annual Comprehensive Financial Report is over 200 pages. Once it is approved, the Report will be made available on the City’s website.
MOTION: Nelson moved, seconded by Freiberg, to accept the 2023 Annual Comprehensive Financial Report. Motion carried 4-0. C. SENIOR AWARENESS MONTH PROCLAMATION
Case read a proclamation declaring May as Senior Awareness Month in recognition of the contributions and accomplishments of Eden Prairie Seniors to the community.
Parks and Recreation Director Amy Markle thanked members of the Senior Advisory Council for their leadership and their commitment to the Senior Center. She noted there are a number of activities throughout the month. She noted representatives of the Senior Advisory Council are present and introduced Gayl Smith, Beth Lapp, and Sylvia Peterson.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 16, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 16, 2024
MOTION: Toomey moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, April 16, 2024, and the City Council meeting held Tuesday, April 16, 2024, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
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A. CLERK’S LIST
B. EDEN PRAIRIE RIDGE BY THE PEMTOM LAND COMPANY APPROVE
SECOND READING OF ORDINANCE NO. 04-2024FOR ZONING CHANGE ON 1.76 ACRES, APPROVE DEVELOPMENT AGREEMENT
C. ADOPT RESOLUTION NO. 2024-041 APPROVING PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS
D. ADOPT RESOLUTION NO. 2024-042 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING BY EDEN PRAIRIE HOCKEY ASSOCIATION
E. ADOPT RESOLUTION NO. 2024-043 APPROVING MEMBERSHIP IN HENNEPIN COUNTY FIRE CHIEFS ASSOCIATION
F. ADOPT RESOLUTION NO. 2024-044 ORDERING REMOVAL OF HAZARDOUS BUILDING LOCATED AT 17391 RUSTIC HILLS DRIVE
G. ADOPT RESOLUTION NO. 2024-045 APPROVING WEST 70TH STREET CONDEMNATION SETTLEMENT AGREEMENT
H. ADOPT RESOLUTION NO. 2024-046 ORDERING PETITIONED IMPROVEMENTS AND INCLUDE IN DELL ROAD IMPROVEMENT PLANS AND SPECIFICATIONS
I. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR WEST 70TH STREET IMPROVEMENT PROJECT CONSTRUCTION ADMINISTRATION WITH SRF CONSULTING GROUP
J. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT CONSTRUCTION ADMINISTRATION WITH SRF CONSULTING GROUP
K. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR ANDERSON LAKES PHASE XI POND INVENTORY AND INSPECTION PROGRAM
WITH STANTEC
L. APPROVE MODEL USE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT
M. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT FOR 2024 THROUGH 2026
N. APPROVE PURCHASE OF KNOX BOX KEY SECURE DEVICES FROM
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KNOX COMPANIES
O. ACCEPT QUOTE AND AUTHORIZE ENTERING INTO CONTRACT FOR GOODS AND SERVICES FOR HIDDEN PONDS TRAIL TREE PLANTING WITH HOFFMAN & MCNAMARA
P. AWARD CONTRACT FOR REMOVAL AND REPLACEMENT OF CURB AND GUTTER TO CURB MASTERS INCORPORATED
MOTION: Freiberg moved, seconded by Toomey, to approve Items A-P on the Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS / MEETINGS A. ENCLAVE AT MANOR ROAD by Brandl Anderson. Resolution No. 2024-047 for Planned Unit Development (PUD) Concept Review, first reading of Ordinance for PUD District Review with Waivers and Zoning Change from Rural to R1-9.5 on 6.43 acres, Resolution No. 2024-048 for Preliminary Plat on 6.43 acres, Resolution
No. 2024-049 supporting Park Dedication Fees.
Getschow stated the applicant is requesting approval to divide one parcel into 17 single family lots and one outlot. The 6.43-acre property is located at 6591 168th Avenue West, which is about a quarter mile north of Duck Lake. The proposed density is 2.64 units per acre, which is consistent with the Low-Density residential
guiding. The current zoning is Rural, and the applicant is requesting a zoning district change to R1-9.5. A PUD is also being requested with three waivers related to front yard setback and minimum lot width. A public hearing for this item was held at the April 8, 2024, Planning Commission meeting. The Planning Commission expressed support for the project and ultimately voted 8-0 to
recommend approval.
Chris Contreras, President of Brandl Anderson Homes, introduced himself. He explained the Enclave at Manor Road has a few requests such as setbacks adjusted to save more of the trees. The development would have self-imposed redundancy rules, and the developers are committed to working with the community.
Mr. Contreras showed an aerial view of the proposed site. They plan to size the pipes properly to benefit the pond. He showed the landscaping plan and noted their preference to maintain as many trees as possible. If things go as planned, development would start in June 2024.
Mr. Contreras stated the homes would be 2400 to 4100 square feet. Pricing would start in the low $700,000 range. He showed an example of elevations from other developments.
Patricia Ferris, 6537 W 168th Avenue, explained everyone has to walk by her
house to walk to the park. She stated she has heard concerns from various
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neighbors such as the water drainage system, tree management, the number of new houses, the naming of the development, the increased traffic, a potential impact on the already overpopulated schools, the drop-off near the pond and other
negative impacts on wildlife, and more.
Ms. Ferris stated she personally has concerns about the water drainage pond. It occupies a lot of space near her property. It is likely to negatively impact her pool. Two houses with the worst water problems won’t benefit from the water
pipe changes. A petition with 46 signatures has been submitted to the Council
requesting that the neighborhood has more time to provide input. They were notified of the development at the end of summer 2023, but no one was available to speak with current residents until early spring of 2024. They would like an opportunity to have small group conversations with the Council. She tried to
schedule a workshop with the Council prior to this public hearing, but the
calendar was full. Ms. Ferris added she just replaced her large driveway. The development wants to tear up a portion of it, but they only plan to replace the portion they tear up. She
doesn’t want her driveway to be mismatched.
Marie Jackson, 6537 W 168th Avenue, explained she has lived in the neighborhood since she was ten-years-old and has gathered all of the signatures showing opposition to the project. She didn’t even have the opportunity to speak
with everyone that will be impacted by the project.
Ms. Jackson noted she emailed the Council a copy of the signatures, though not all of the signatures were included in the print-out because her printer broke. She emailed them in hopes that the Council would be prepared to answer her
questions.
Ms. Jackson added the fallen firefighter Mr. Johns responded to a call at her home during his last shift. She stated he was a light and it was an honor to see him do his job.
Ms. Jackson stated the pond does not have a plan for a worst-case-scenario. The climate is constantly changing, and they don’t know how it will impact the plan. There need to be safety provisions in line for a scenario where her house would be negatively impacted. She asked who she calls if there are issues and who will do
maintenance on the pond. Her home is valued at over $650,000 due to the work
she and her family have done on it, and they care about their home. Ms. Jackson pointed out it takes 30 seconds for a child to drown, and she has two small children to consider. She has been told the pond is four-feet-deep by one
person and ten-feet-deep by another person. Ample generations of children have
lived in the neighborhood, and now they will all face the danger of a pond.
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Ms. Jackson noted her street is already used as a through-street, though it shouldn’t be. The traffic would only be worsened with a development.
William Crestwood, 16881 South Manor Road, explained there are already water
issues in the neighborhood. He previously reached out to the City Engineer to discuss his home’s specific issue. Many of his neighbors have experienced flooding issues and have multiple sump pumps. As it stands, there is no drainage on the streets. He is looking for a way to alleviate mud pits in his yard without
negatively impacting the overburdened sewer system. He asked for the developer
to provide alternative options or for the neighborhood to be provided with certain assurances regarding their concerns. Mr. Crestwood noted traffic calming efforts would be helpful. Anything to slow
down traffic would be beneficial for the neighborhood. The cut-through traffic is
likely to be more of an issue with additional development. Mr. Crestwood added he supports development, but he doesn’t love the idea of wildlife being displaced.
Caroline Pittard, 647 Mere Drive, noted she understands the area has always intended to be developed. However, seventeen homes seems like too many for the area. The plan doesn’t add trees between the new homes and existing homes, so her home would go from a wooded view to the view of another house. She
requested the lot sizes be reconsidered to allow for more trees and screening.
Ms. Pittard stated she also has safety concerns. There is a lack of stop signs as it stands, and more cars in the area would only agitate the pre-existing safety issues. There are usually cars parked on both sides of the street, so the road ends up being
very narrow. Also, the wildlife will be displaced, which would result in more
safety impacts. Ms. Ferris noted the neighborhood representatives would be interested in working directly with the developer to create some solutions. For example, all parties
would benefit if the last two homes were to be added to the new pipe system. No
alternatives have been proposed thus far. MOTION: Nelson moved, seconded by Freiberg to close the public hearing. Motion carried 4-0.
Toomey explained she has received complaints from residents in the neighborhood regarding traffic. She asked if there is an option to add a stop sign, additional signage, or a speed trailer.
Getschow stated the Police Department does directed patrol where they saturate a
certain area. Ellis explained Staff can gather data to determine the volume and speeds throughout the days. He noted there has only been one car accident which
CITY COUNCIL MINUTES May 7, 2024
Page 8
included a car swerving to avoid a deer. It isn’t favorable to add a stop sign before data collection because it can speed up traffic elsewhere.
Toomey asked if other signage could be helpful. Ellis stated the data collection
should tell Staff what type of signage would be most impactful for the specific area. Toomey asked for more information about the pond and the old pipes. Ellis stated
the developer is putting in a stormwater system that meets all of the City’s
requirements. It needs to connect to something for discharge. They are going to connect to an existing pipe which is under Ms. Ferris’ driveway. Case asked if the pipe is on Ms. Ferris’ property or on a right of way. Ellis stated
the pipe is in a utility easement. It seems Ms. Ferris suggested moving the pond
to a more centrally located area and to connect to the stormwater system elsewhere. Ultimately, someone’s yard will be impacted. Case pointed out Ms. Ferris has a beautiful, new driveway. It is extremely
difficult to match concrete color. He asked if there is an alternative solution. Ellis
stated either the road or the driveway will need to be torn up. He asked for the developer to speak to the design as they would have to pay for whatever work is done. The developer would only need to replace the portion of the driveway they impacted.
Mr. Conteras stated the developer is willing to replace the whole driveway. Toomey asked where the pond would go if there is an overflow. Ellis explained the pond is four-feet-deep. If there was an extreme event, the pond could be up
two nine-and-a-half feet. The emergency overflow would go to the northwest
corner of the outlet into 168th Avenue West. Case asked if there is any scenario where the water could go into a resident’s pool. Ellis stated he doesn’t see how that could happen.
Case asked who would be responsible if there was an issue with flooding or weeds. Ellis stated there is a stormwater utility team that responds to 911 calls at any hour.
Case asked how often the stormwater system is maintained. Ellis stated every five
years each stormwater pond is assessed and receives any necessary maintenance. Freiberg noted there is still some concern about the pond. He asked if there is a possibility for a fence to go around the stormwater pond to promote safety. Ellis
pointed out there are hundreds of ponds across the City, and they have never
fenced any of them.
CITY COUNCIL MINUTES May 7, 2024
Page 9
Freiberg stated the drop-off for the pond is very steep. Case stated all wet stormwater ponds have a similar construction, and Eden Prairie has never had an issue.
John Bender, Civil Engineer for the project, explained the pond is required to have a safety bench around the perimeter. The first ten feet slope increase in slope by one-foot.
Nelson asked what the City does for drainage issues in basements. She asked how
they could help the residents, though it doesn’t relate to the development. Ellis stated the City has been installing a sump pump collection system, which has been completed on North Manor Road. Other residents have expressed concern with their sump pumps, and he will reach out to them to discuss adding their
neighborhoods to the system. Ellis added 17 additional basements could help take
the load off of the existing sump pumps. Case pointed out the City is required to get sump pump water out of the sewer system.
Case asked how the pond’s location and type was chosen. Mr. Bender stated the pond location was chosen because of its proximity to the stormwater sewer system. The configuration was chosen because it met both the City’s requirements and the Watershed District’s requirements.
Case added traffic and speed are two separate phenomenon. The City has responses available for any concerns. He encouraged residents to contact the City as needed. Traffic won’t have a large impact from the development. There could be an issue with the double-sided parking, and the City is willing to help with any
parking concerns.
Case noted the City is also willing to help homeowners with any sump pump issues. The addition of the stormwater pond and several more sump pumps will only help the rest of the neighborhood.
Nelson stated there was a question about adding trees on property lines. Mr. Contreras explained there is an easement near the property line in question. However, they would be willing to pay for trees elsewhere on the lots.
Nelson asked if the new builds will have sump pumps. Mr. Contreras stated any
homes they build with basements will have sump pumps, unless they are walkout basements. Case pointed out the concern about school size issues is a micro-level issue.
Property owners have the right to realize the value of their land. Ultimately, the
market dictates what types of developments are built. The school districts do their own projections, and their enrolment is already decreasing.
CITY COUNCIL MINUTES May 7, 2024
Page 10
Case added there are ten square miles of deer habitat in the City. Staff tries to keep 25 deer per square mile of deer habitat. The herd is culled as necessary. In
the big picture, the deer will be fine.
Nelson noted the school district’s enrolment peaked in 2004, and it has steadily declined since then.
MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2024-
047 for Planned Unit Development Concept Review on 6.43 acres, approve the first reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning Change from Rural to R1-9.5 on 6.43 acres, adopt Resolution No. 2024-048 for a Preliminary Plat of one parcel into 17 lots and one outlot on
6/43 acres, adopt Resolution No. 2024-049 for the Findings of Fact in support of
Park Dedication Fees, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Enclave at Manor Road at the request of the Developer subject to the conditions outlined in
the permit.
Nelson pointed out she expects the developer to follow through with the commitments they have made. She suggested they avoid skimping on the trees.
Case explained one home had significant concerns about their property. He
requested Staff remain in consistent contact with the home in question. VOTE ON THE MOTION: Motion carried 4-0.
Case thanked the audience for respectful commentary.
B. LOTUS VILLAS ON ANDERSON LAKE by Ron Clark Construction.
Resolution No. 2024-050 for Guide Plan Change from Office to Low Density Residential on 5.0 acres, Resolution No. 2024-051 for PUD Concept Review, First reading of Ordinance for Zoning change from Office to R1-9.5 and PUD District Review with Waivers on 5 acres, Resolution No. 2024-052 for Preliminary Plat on 5.0 acres, Resolution No. 2024-053 supporting Park Dedication Fees.
Getschow stated the applicant proposes removing the existing office building and redeveloping the property into 19 single family lots and two outlots. The applicant describes the development as a villa style neighborhood, where property owners own and maintain their home, but an association maintains the grounds,
including lawn areas, driveways, and the private street. Development
improvements include a single looped private drive, utility and storm water management improvements, a pond, landscaping, and screen fencing. The applicant requests a Comprehensive Plan land use change to residential, which allows a density of 0.1-5.0 units per acre and a zoning district change to R1-9.5.
CITY COUNCIL MINUTES May 7, 2024
Page 11
The Planning Commission voted 8-0 to recommend approval.
Mike Waldo, representative of Ron Clark Construction, provided background on the history of the business and pointed out the community engagement efforts
included in the process. He showed an aerial view of the property.
Tim Witt, Architect for the project, stated they are looking to develop the area with single-family homes. The office building always seemed to be out of place. He showed an image of the site plan. They originally considered a mixed-use site,
but the community feedback changed the direction of the project. The
development will have ample parking for both residents and visitors. There are no driveways around Prairie Lakes Drive, and the pond is on Prairie Lakes Drive to break up some street views. A sidewalk will be added to connect to existing sidewalks.
Mr. Witt explained the dimensions of the homes. There will be variety in the design of the exterior. There are a number of benefits for the site such as a single developer and a Homeowner’s Association.
Case asked if Waterlily Circle will be a private drive. Mr. Witt confirmed it would
be private. Mr. Waldo explained they are looking for a few minor waivers for the villa concept. They hope to honor seniors and empty nesters with the neighborhood.
The pond was put near the road as it was the closest piece to the infrastructure for
treatment, and it acts as a buffer. There isn’t currently treatment of the water. It will also increase the tax base around ninefold. Mr. Waldo pointed out they worked closely with neighbors most impacted by the
development. They considered putting a fence on the property line, but they
worked with the neighbors to move the fence due to the berm. The developer will pay for the fence and then sign over ownership to the other Homeowner’s Association. Mr. Waldo added they ultimately want to be a good neighbor.
Terry Pearson, 10827 Leaping Deer Lane, stated she and her neighbors have been
very involved in development in the area. They have had a good experience working with Hartford Commons, which shares the same architect. The builder has gone above and beyond in connecting with the existing residents. Any concerns were addressed. Ultimately, they are very supportive of the
development.
MOTION: Nelson moved, seconded by Toomey, to close the public hearing. Motion carried 4-0.
Nelson asked how many trees will be added. Mr. Waldo stated he doesn’t have
the exact number, but they have exceeded the City’s standards. They typically
CITY COUNCIL MINUTES May 7, 2024
Page 12
add trees at twenty percent above the requirements. Case stated he counted 76 trees on the plans.
Nelson asked if the homes are solar-ready or solar-capable. Mr. Waldo explained the trusses and conduits can handle solar panels. An electric vehicle charger is also wired.
Freiberg asked what the price range will be. Mr. Waldo stated the homes will start
at $900,000 and go up to around $1.5 million. Toomey noted her appreciation of the added trees and the variation of exteriors. Mr. Waldo pointed out they added more trees on top of the ones that needed to be
removed.
MOTION: Nelson moved, seconded by Toomey, to adopt Resolution No. 2024-050 for a Guide Plan Change from Office to Low Density Residential on 5.0 acres, adopt Resolution No. 2024-051 for a PUD Concept Plan Review on 5.0
acres, approve the first reading of an Ordinance for a PUD District Review with
waivers and a Zoning District Change from Office to R1-9.5 on 5.0 acres, adopt Resolution No. 2024-053 in support of Park Dedication Fees on 5.0 acres, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council considerations, authorize the issuance of an early
Land Alteration Permit for Lotus Villas on Anderson Lake at the request of the
Developer subject to the conditions outlined in the permit, and adopt Resolution No. 2024-052 for a Preliminary Plat. Motion carried 4-0. C. ASIA MALL PARKING LOT EXPANSION by Elliott Design Build, LLC. Resolution No. 2024-054 for Planned Unit Development Concept Review on 4.69 acres, first reading of Ordinance for Planned Unit Development Review with Waivers on 4.69 acres.
Getschow pointed out Asia Mall opened in November 2022 and initial experience found that the amount of parking on site did not meet the business need. He noted the initial approval process alluded to some parking concerns. The applicant is proposing an expansion of the surface parking lot, adding 122 spaces, increasing the total number of spaces on site to 424. The applicant is seeking waivers to City
Code requirements including number of parking spaces, size and number of parking islands, impervious surface, and setbacks. The Planning Commission voted 5-3 to recommend approval of the project at the March 25, 2024 meeting.
Wayde Johnson, representative of Amcon Construction Company, stated they
plan to move the pond to become underground water storage. They have worked with the Watershed District to create the solution.
CITY COUNCIL MINUTES May 7, 2024
Page 13
Mr. Johnson stated the use requires 445 parking spots, and the additional parking area will create a total of 425 parking stalls. The Institute of Transportation Engineers calculates a need of 334 to 367 spots. The Planning Commission
recommended the engineers do a real-time count. The peak counts were collected
on April 27, 2024 and May 4, 2024 to show 247 and 252 spots respectively. Amor Zhao, CEO of Asia Mall, stated they have been successful and need more parking. There is off-site parking for employees. A sign has been added to direct
guests to the underground parking area.
No one wished to address the Council. MOTION: Toomey moved, seconded by Nelson, to close the public hearing.
Motion carried 4-0.
Nelson asked if there will be a door into the Asia Mall near the new parking area. Mr. Johnson stated the parking area will be near the east side of the lot, but there won’t be changes on the access door. In the long run, he anticipates employees
will be asked to park in the new lot as it is most inconvenient for customers.
Case asked if there is an elevator from the underground parking. Mr. Johnson confirmed there is an elevator.
Nelson noted many people will be happy for more parking.
Freiberg asked if more parking will be needed in the long-run. Mr. Johnson stated the building is fully built-out. The change would have to change to a different use to require more parking stalls.
Toomey congratulated Asia Mall on its success. Case asked for information on the wetland impacts of the project. Ellis stated the technology for the underground water storage is reliable. One variance is
requesting more impervious surface, but it isn’t uncommon for the highly-
developed area. He added the safety impact is the most important part of the project. Case asked if the area is wetland. Ellis stated he isn’t sure about the exact
designation, but it is a stormwater pond rather than a wetland. The Watershed
District will still need to approve the plan. Mr. Johnson added he expects for the District to approve their request as it meets all of their requirements. He pointed out the stormwater pond was created when
Gander Mountain was built, so it is not naturally-occurring.
CITY COUNCIL MINUTES May 7, 2024
Page 14
MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2024-054 for a Planned Unit Development Concept Review on 4.69 acres, approve the first reading of the Ordinance for a Planned Unit Development District Review
with waivers on 4.69 acres, direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Asia Mall at the request of the Developer subject to the conditions outlined in the permit. Motion carried 4-0.
Case asked when the project will begin. Mr. Johnson stated it depends on when Staff approves the permit. X. PAYMENT OF CLAIMS
MOTION: Freiberg moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL MINUTES May 7, 2024
Page 15
MOTION: Nelson moved, seconded by Toomey to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 9:07 p.m.
Respectfully submitted, ________________________
Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 21, 2024
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Famous Craft Concepts, LLC DBA: Champps
8010 Glen Lane
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 21, 2024
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 19810
Award Contract for the W 70th Street Improvement Project to GMH Asphalt Corporation
ITEM NO.:
VIII.B.
Requested Action
Move to: Award Contract for the W 70th Street Improvement Project to GMH Asphalt Corporation in the amount of $1,190,518.31. Synopsis
5 bids were received on Thursday, May 9, 2024. The bids received are summarized below. Engineer’s Estimate $1,066,341.00
GMH Asphalt Corp. $1,190,518.31
Northwest $1,233,982.74 New Look Contracting, Inc. $1,248,735.00 Park Construction Company $1,297,118.76 Bituminous Roadways, Inc. $1,432,961.55
City staff recommend awarding the contract for the project to GMH Asphalt Corporation, in the amount of $1,190,518.31. Background Information
The West 70th Street corridor, which includes this improvement project and two segments that have recently been constructed, will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment, completed in 2015, was the extension of West 70th Street from its previous terminus westerly to Flying Cloud Drive. The east segment includes
the reconstruction of the existing West 70th Street roadway to match the design of the west extension.
The two segments of West 70th Street are divided by the proposed Southwest LRT alignment, which crosses West 70th and the Golden Triangle LRT Station. Design of the roadway was coordinated with the Southwest LRT design. LRT civil construction in this area is complete.
Construction is scheduled to start following contract award and is to be completed by August 30, 2024.
Project Cost Summary
GMH Asphalt Corporation’s low bid is within acceptable contingency costs for this project. This project
will utilize the Capital Maintenance and Reinvestment Funds, Utility funds, the remainder of grant funding previously received for this corridor and Economic Development funds. Attachment
Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 21st day of May 2024, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and GMH Asphalt Corporation, a Minnesota corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. #19810 West 70th Improvement 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 $1,190,518.31. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 21, 2024
DEPARTMENT/DIVISION:
Adam Gadbois
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24803
Award Contract for the Prairie Center Drive Pavement Rehabilitation Project to Northwest Asphalt, Inc.
ITEM NO.:
VIII.C.
Requested Action Move to: Award Contract for the Prairie Center Drive Pavement Rehabilitation Project in the amount of
$2,814,047.90 to Northwest Asphalt, Inc. Synopsis Five bids were received on Thursday, May 9, 2024. The engineer’s estimate and bids received are summarized below.
Engineer’s Estimate $3,209,530.00 Northwest Asphalt, Inc. $2,814,047.90 Bituminous Roadways, Inc $2,990,355.83
Park Construction Company $3,068,853.00 S.M. Hentges & Sons, Inc. $3,437,639.50 GMH Asphalt Corp. $4,302,725.45 City staff recommend awarding the contract for the project to Northwest Asphalt, Inc., in the amount of
$2,814,047.90. Background Information The Prairie Center Drive Pavement Rehabilitation project involves complete removal of the existing asphalt pavement along the project corridor and replacement with a stabilized base material and new
asphalt section. The scope also includes improvements to the existing traffic signal at Regional Center Drive/Columbine Road/Prairie Center Drive which include flashing yellow arrow conversion and reconstructing the pedestrian facilities to meet current Americans with Disabilities Act requirements. Construction will be phased along the corridor and will result in directional closures and detours for the travelling public. It is anticipated that construction will begin in mid-to-late June and be substantially
complete by September 2024. Project Cost Summary The low bid received from Northwest Asphalt, Inc., was under the engineer’s estimate by approximately 12%. The project will be funded by the pavement management fund, the transportation fund, and the
storm water utility fund. Attachment Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 21st day of May 2024, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Northwest Asphalt, Inc., a Minnesota corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. #24803 Prairie Center Drive Pavement Rehabilitation 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 $2,814,047.90. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 21, 2024
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Professional Services Agreement with AE2S
for Instrumentation and Control Systems Programming
and Configuration for Wastewater Lift Station
Rehabilitation Projects
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve Professional Services Agreement with Advanced Engineering and
Environmental Services, Inc. (AE2S) in the amount of $63,112 for Engineering
Services in Support of Rehabilitating four Sanitary Sewer Lift Stations.
Synopsis
This contract is for the programmable logic controller (PLC) and Supervisory Control and Data
Acquisition (SCADA) programming services associated with the four lift stations located at: 12900
Roberts Drive, 8491 Red Oaks Drive, 9395 Shetland Road, and 18352 Cattail Court.
Background Information
The Utility Division Capital Improvement Budget includes annually the rehabilitation of up to
two sanitary sewer lift stations in order to maintain a planned, preventive maintenance,
comprehensive overhaul of the city’s 22 sewer lift stations before they become seriously
degraded. Under this plan, the selected lift stations are made like-new and able to perform
reliably. Staff recommends approval of a professional services agreement with AE2S for the
instrumentation and controls programming services necessary for these rehab projects. Costs for
these services are substantially less by entering into an agreement for all four systems
simultaneously, as opposed to completing an agreement for each one individually. All costs
associated with this project will be drawn from the wastewater enterprise capital improvement
fund.
Attachments
Agreement
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _21st_ day of_May_, 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 the programming of new instrumentation and controls and basic component
installation at four City owned sanitary lift stations located at 12900 Roberts Drive, 8491 Red Oaks
Drive, 9395 Shetland Road, and 18352 Cattail Court_ 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 ( Scope of Services ) in connection with the Work. Exhibit A is intended to be
the scope of service for the work of the Consultant. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part
of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in
any manner.
2. Term. The term of this Agreement shall be from _May 21, 2024_through _November 30,
2025_ 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 $ 63,112.00 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2021 04 22
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
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.
Page 3 of 10 2021 04 22
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
Page 4 of 10 2021 04 22
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
Page 5 of 10 2021 04 22
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
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.
Page 6 of 10 2021 04 22
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
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
Page 7 of 10 2021 04 22
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
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
Page 8 of 10 2021 04 22
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
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
Page 9 of 10 2021 04 22
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
Page 10 of 10 2021 04 22
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT –
Advanced Engineering & Environmental
Services, LLC
_______________________________________
By:
Its:
2021 04 22
Version 2017 06 01
Exhibit A; Scope of Services
Rick Wahlen
City of Eden Prairie
14100 Technology Drive
Eden Prairie, MN 55344
RE: Proposal to City of Eden Prairie
City of Eden Prairie, MN – Lift Stations 1, 11, 13, 15 Programming Professional Services
Dear Mr. Wahlen:
Advanced Engineering and Environmental Services, LLC (AE2S – CONSULTANT) proposes to render
professional services for programmable logic controller (PLC) and Supervisory Control and Data Acquisition
(SCADA) programming services associated with Lift Stations 1, 11, 13, and 15 to the City of Eden Prairie (CITY).
This Agreement, including Exhibit A, sets forth the terms and conditions under which the CITY and
CONSULTANT shall be governed regarding the Assignment.
Scope of Basic Services
CONSULTANT will perform the following tasks per site:
1. Project planning and coordination.
2. Perform PLC programming to create PLC programs for use within the lift stations PLC’s consisting of
controls, runtime, and alarms logic. Logic shall include the following:
1. Pumps 1 and 2 running status.
2. Pumps 1 and 2 runtimes.
3. Pumps 1 and 2 start counts.
4. Pumps 1 and 2 fault status.
5. Pumps 1 and 2 Hand-Off-Auto switch in hand position feedback.
6. Pumps 1 and 2 Hand-Off-Auto switch in auto position feedback.
7. Pumps 1 and 2 fail to start alarms.
8. Pumps 1 and 2 over-temp alarms.
9. Pumps 1 and 2 seal fail alarms.
10. Wet well level.
11. High wet well alarm and adjustable setpoint (level transmitter).
12. High wet well alarm (float).
13. Low wet well alarm and adjustable setpoint (level transmitter).
14. Low wet well alarm (float).
15. Communication status.
16. Control panel intrusion.
17. Control power fail alarm.
18. Control panel surge arrestor failure.
19. Control panel high temperature alarm and adjustable setpoint.
20. Control panel low temperature alarm and adjustable setpoint.
21. UPS failure alarm.
22. Level control and adjustable setpoints.
23. Pump alternation controls.
24. Backup mode controls.
25. Alarm disable/enable control.
26. Simulation mode items.
Page 12 of 10 2021 04 22
3. Perform PLC programming within the Lift Stations Master PLC to create data mapping and telemetry
messaging logic.
4. Perform operator interface terminal (OIT) programming to create graphical interfaces for all local lift
stations controls, runtimes, and alarms.
5. Perform SCADA programming to create graphical interfaces within the SCADA application for associated
lift stations controls, runtimes, and alarms.
6. Configure the following as historical data within Historian:
1. Pumps running status.
2. Pumps runtimes.
3. Pumps start counts.
4. Wet well level.
5. Utility power failure alarming.
7. Create trends to monitor lift stations wet well level and pumps running status.
8. Add associated alarms to existing WIN-911 alarming software.
9. Perform radio configuration.
10. Radio antenna termination and commissioning.
11. Startup and commissioning of lift stations control panels.
12. Testing and commissioning of lift stations PLC logic and controls.
13. Operator training.
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.
CITY’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.
2. Provide access to the relevant sites sufficient for CONSULTANT to perform its services under this
Agreement.
3. CITY shall, so long as CONSULTANT is not in default, promptly pay AE2S 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 not to exceed sixty-
three thousand one hundred twelve dollars ($63,112) without written authorization from CITY, including
reimbursement for all project related expenses.
Lift Station 1 Professional Services Professional Fees
Project Planning and Coordination $872
PLC Programming – Lift Station PLC $3,488
PLC Programming – Lift Stations Master PLC $1,308
Operator Interface Programming $1,744
SCADA Programming $2,180
Historian Data Configuration $436
WIN-911 Alarm Configuration $436
Page 13 of 10 2021 04 22
Radio Configuration $436
Radio Antenna Cable Termination and Commissioning $872
Control Panel Startup and Commissioning $2,616
Controls Testing and Commissioning $1,090
Total Lift Station 1 Professional Services $15,478
Lift Station 11 Professional Services Professional Fees
Project Planning and Coordination $872
PLC Programming – Lift Station PLC $3,488
PLC Programming – Lift Stations Master PLC $1,308
Operator Interface Programming $1,744
SCADA Programming $2,180
Historian Data Configuration $436
WIN-911 Alarm Configuration $436
Radio Configuration $436
Radio Antenna Cable Termination and Commissioning $872
Control Panel Startup and Commissioning $2,616
Controls Testing and Commissioning $1,090
Total Lift Station 11 Professional Services $15,478
Lift Station 13 Professional Services Professional Fees
Project Planning and Coordination $872
PLC Programming – Lift Station PLC $3,488
PLC Programming – Lift Stations Master PLC $1,308
Operator Interface Programming $1,744
SCADA Programming $2,180
Historian Data Configuration $436
WIN-911 Alarm Configuration $436
Radio Configuration $436
Radio Antenna Cable Termination and Commissioning $872
Control Panel Startup and Commissioning $2,616
Controls Testing and Commissioning $1,090
Total Lift Station 13 Professional Services $15,478
Lift Station 15 Professional Services Professional Fees
Project Planning and Coordination $872
PLC Programming – Lift Station PLC $3,488
PLC Programming – Lift Stations Master PLC $1,308
Operator Interface Programming $1,744
SCADA Programming $2,180
Historian Data Configuration $436
WIN-911 Alarm Configuration $436
Radio Configuration $436
Radio Antenna Cable Termination and Commissioning $872
Control Panel Startup and Commissioning $2,616
Controls Testing and Commissioning $1,090
Total Lift Station 15 Professional Services $15,478
Professional Services Professional Fees
Lift Station 1 Professional Services $15,478
Lift Station 11 Professional Services $15,478
Lift Station 13 Professional Services $15,478
Lift Station 15 Professional Services $15,478
Page 14 of 10 2021 04 22
Total Professional Services $61,912
Reimbursables Professional Fees
Lift Station 1 Reimbursable Expenses (Supplies, Mileage, Etc.) $300
Lift Station 11 Reimbursable Expenses (Supplies, Mileage, Etc.) $300
Lift Station 13 Reimbursable Expenses (Supplies, Mileage, Etc.) $300
Lift Station 15 Reimbursable Expenses (Supplies, Mileage, Etc.) $300
Reimbursables Total $1,200
Project Totals Professional Fees
Programming Professional Services $61,912
Reimbursables $1,200
Project Total $63,112
2021 04 22
Version 2017 06 01
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 21, 2024
DEPARTMENT/DIVISION:
Adam Gadbois
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24803
Approve Professional Services Agreement with Braun Intertec Corp. for Construction Materials Testing Services for the Prairie Center Drive
Pavement Rehabilitation Project
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve Professional Services Agreement with Braun Intertec Corp. for Construction Materials Testing Services for the Prairie Center Drive Pavement Rehabilitation Project.
Synopsis
This Professional Services Agreement will provide construction materials testing services for the pavement rehabilitation of Prairie Center Drive from TH 212 to Flying Cloud Drive.
Background Information
The Prairie Center Drive Pavement Rehabilitation project involves complete removal of the existing asphalt pavement along the project corridor and replacement with a stabilized base material and new asphalt section. The scope also includes improvements to the existing traffic signal at Regional Center Drive/Columbine Road/Prairie Center Drive which include flashing
yellow arrow conversion and reconstructing the pedestrian facilities to meet current Americans with Disabilities Act requirements. Construction will be phased along the corridor and will result in directional closures and detours for the travelling public. It is anticipated that construction will begin in mid-to-late June and be substantially complete by September 2024.
Braun Intertec Corp. will test construction materials for compliance with the contract documents.
Financial Implications
The Professional Services Agreement with Braun Intertec Corp. has an estimated cost of
$48,577.00. Funding for the project includes the pavement management fund, the transportation fund, and the storm water utility fund.
Attachment
Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 21st day of May, 2024, between the City of Eden
Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Braun Intertec Corporation., (“Consultant”), a Minnesota corporation
(hereinafter "Consultant") whose business address is 11001 Hampshire Avenue S Minneapolis,
MN 55438.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for Construction Materials Testing Services for the Prairie Center Drive Pavement
Rehabilitation Project hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1.Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Braun proposal letter dated May 7, 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 May 21, 2024 through December 1, 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 $ 48,577.00 for the services as described in Exhibit
A.
a.Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b.Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c.If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
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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
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Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
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
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
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Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d.Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e.Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f.Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g.All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h.All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i.All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j.All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
k.All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
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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
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negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i.Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii.Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12.Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13.Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14.Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
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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
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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
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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: Vice President, Principal Engineer
Braun Intertec Corporation
AA/EOE
Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438
Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com
May 7, 2024 Revised Proposal QTB196131
Adam Gadbois, PE
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Revised Proposal for Construction Materials Testing Services
Prairie Center Drive Pavement Rehabilitation Project
Eden Prairie I.C. No. 24803
Prairie Center Drive from Trunk Highway 212 to Flying Cloud Drive
Eden Prairie, Minnesota
Dear Mr. Gadbois:
Braun Intertec Corporation appreciates the opportunity to provide this revised proposal to provide
construction materials testing services for the Prairie Center Drive Pavement Rehabilitation Project in
Eden Prairie, Minnesota.
We have completed the pavement evaluation for this project, so we have a unique understanding of the
site and construction challenges. We can aid the construction team by applying this experience and
transferring our knowledge developed during the design phase which will provide professional continuity
to the construction. Our work on the project to date gives us familiarity with the project team and design
development which allows us to understand some of the considerations used when developing the
project’s design.
Since our inception in 1957, we have grown into one of the largest employee-owned engineering firms in
the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse
range of services and professionals you can consult with if the unforeseen occurs. The size of our
company also allows us to respond quickly when schedule constraints occur.
Our Understanding of Project
We understand the construction will include common embankment, aggregate base placement,
stabilized full depth reclamation (SFDR), new concrete curb and gutter, sidewalk, along with a new
bituminous pavement. Improvements to signal systems and Americans with Disabilities Act (ADA) access
will also be included.
Available Project Information
This proposal was prepared using the following documents and information.
Project plans prepared by SRF Consulting Group, Inc., dated April 24, 2024.
Project specifications prepared by the City of Eden Prairie, dated April 2024.
Our email correspondence with you regarding the requested scope of services.
City of Eden Prairie
Revised Proposal QTB196131
May 7, 2024
Page 2
Scope of Services
Services will be performed under the direction of a licensed professional engineer. Testing and
observation services will be performed on an on-call, as-needed basis as requested and scheduled by you
or your on-site project representative. After reviewing available information to determine compliance
with project plans and/or specifications and other design or construction documents, our scope of
services for the project will be limited to the tasks defined below.
Soil Related Services
Measure the in-place dry density, moisture content and relative compaction of fill placed for
pavement support, and of utility backfill for compliance with the project documents. This
task includes performing laboratory Proctor tests to provide maximum dry densities from
which the relative compaction of fill can be determined, as well as the use of a nuclear
density gauge to measure in-place dry densities and moisture contents.
Sample and test full depth aggregate reclamation and aggregate base materials for
compliance with the project documents. This task includes laboratory gradation testing of
these materials.
Perform MnDOT dynamic cone penetrometer (DCP) tests on full depth reclamation material.
Perform depth checks of the stabilized and un-stabilized reclaim materials.
Observe Quality Control staff conduct density testing for control strip construction on SFDR
materials.
Observe Quality Control staff perform compaction testing utilizing the nuclear density
method on SFDR materials.
Observe Quality Control staff calibrate the mineral stabilizing application rate and check
foaming asphalt expansion ratio and half-life.
Collect mineral and asphalt stabilization samples from the contractor and submit to the
MnDOT Metro Laboratory.
Concrete Related Services
Sample and test fresh concrete associated with general placements for compliance with the
project documents and cast test cylinders for laboratory compressive strength testing. We
assume that we will be able to appropriately dispose of excess concrete (and associated
wash water) on site at no additional cost to us.
Measure and report the compressive strength of the concrete test cylinders for compliance
with the project documents. A set of three cylinders will be tested at 28 days for each set
cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit
price listed in our cost estimate.
City of Eden Prairie
Revised Proposal QTB196131
May 7, 2024
Page 3
Bituminous Related Services
Sample and test bituminous pavement materials for compliance with the project documents.
This task includes Rice specific gravity, Gyratory density, fine aggregate angularity, percent
crushed, asphalt content, and extracted aggregate gradation tests of the bituminous.
Randomly determine bituminous core locations by using MnDOT’s random core worksheet
and mark pavement core locations.
Observe Contractor coring and collect companion cores and test for thickness and density of
pavement cores. Compare agency test results with contractor’s test results for compliance
with MnDOT 2360 specification.
Consulting, Project Communication and Reporting Services
Project management, including scheduling of our field personnel.
Review test and observation reports and communicating with you and the parties you may
designate such as the project contractor(s), and other project team members, as needed.
Transmit test results to the project team weekly.
Basis of Scope of Work
The costs associated with the proposed scope of services were estimated using the following
assumptions. If the construction schedule is modified or the contractor completes the various phases of
the project at different frequencies or durations than shown in this proposal, we may need to adjust the
overall cost accordingly. The scope of work and number of trips required to perform these services are as
shown in the attached table. Notable assumptions in developing our estimate include:
We assume it will take two trips to complete the nuclear density gauge testing on this
project.
We assume compaction testing on full depth reclamation material will be performed using
the Dynamic Cone Penetration (DCP) method; a minimum of two tests will be conducted
each trip with two trips assumed.
We understand testing and observation of stabilizing full depth reclamation operations will
be completed within nine days.
We assume ten sets of concrete tests will be required to complete the project.
We assume the rebar observations before concrete placements will be completed by the
project representative’s construction oversight manager.
We assume bituminous paving will be completed in fifteen days for this project.
City of Eden Prairie
Revised Proposal QTB196131
May 7, 2024
Page 4
We assume the project engineer of record will review and approve contractor’s quality
control submittals and test results.
You, or others you may designate, will provide us with current and approved plans and
specifications for the project. Modification to these plans must also be sent to us so we can
review their incorporation into the work.
We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time.
Shorter than 24 hours’ notice may impact our ability to perform the requested services, and
the associated impacts will be the responsibility of others.
If the work is completed at different rates than described above, this proposal should be revised. If the
pace of construction is different than described above, this proposal should be revised.
Cost and Invoicing
We will furnish the services described herein for an estimated fee of $48,577. Our estimated costs are
based on industry averages for construction production. Depending on the contractor’s performance,
our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our
estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The
actual cost of our services will be based on the actual units or hours expended to meet the requirements
of the project documents.
This cost estimate was developed with the understanding that the scope of services defined herein will
be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through
Friday. Services that we are asked to provide to meet the project requirements or the contractor’s
construction schedule outside our normal business hours will be invoiced using an overtime rate factor.
The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the
listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays
will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for
overtime in our cost estimate; however, we recommend that allowances and contingencies be made for
overtime charges. You will be billed only for services provided on a time and materials basis.
Because our services are directly controlled by the schedule and performance of others, the actual cost
may vary from our estimate. It is difficult to project all of the services and the quantity of services that
may be required for any project. If services are required that are not discussed above, we will provide
them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We
will invoice you on a monthly basis.
City of Eden Prairie
Revised Proposal QTB196131
May 7, 2024
Page 5
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. If anything in this proposal is not
consistent with your requirements, please let us know immediately. Braun Intertec will not release any
written reports until we have received a signed agreement. Also, ordering services from Braun Intertec
constitutes acceptance of the terms of this proposal.
The proposed fee is based on the scope of services described and the assumption that our services will
be authorized within 30 days and that others will not delay us beyond our proposed schedule.
City of Eden Prairie
Revised Proposal QTB196131
May 7, 2024
Page 6
If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie
with this proposal included as Exhibit A.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact John Rutherford at 651.487.7052 (jrutherford@braunintertec.com) or Amy Grothaus at
651.261.7122 (agrothaus@braunintertec.com)
Sincerely,
BRAUN INTERTEC CORPORATION
John P. Rutherford
Senior Project Manager
Amy J. Grothaus, PE
Account Manager, Senior Engineer
Charle M. Cadenhead, Jr., PE
Vice President, Principal Engineer
Attachment:
Project Estimate – QTB196131
Client:Service Description:Work Site Address:
Prairie Center Drive from Trunk Highway 212 to
Flying Cloud Drive
Eden Prairie, MN 55344
City of Eden Prairie
Adam Gadbois
8080 Mitchell Rd
Eden Prairie, MN 55344
952.949.8300
Construction Materials Testing
Description Quantity Units Unit Price Extension
Phase 1 Construction Materials Testing
Activity 1.1 Soil Testing $12,664.00
207 Compaction Testing - Nuclear 5.00 Hour 94.00 $470.00
Work Activity Detail Qty Units Hrs/Unit Extension
Granular / Embankment 2.00 Trips 2.50 5.00
1308 Nuclear moisture-density meter charge, per hour 5.00 Each 28.00 $140.00
217 Compaction Testing - DCP's 6.00 Hour 94.00 $564.00
Work Activity Detail Qty Units Hrs/Unit Extension
Full Depth Reclamation 2.00 Trips 3.00 6.00
211 Stabilized Full Depth Reclaim Observations 54.00 Hour 120.00 $6,480.00
Work Activity Detail Qty Units Hrs/Unit Extension
On-site Stabilization Observations 9.00 Trips 6.00 54.00
126 Project Engineer 6.00 Hour 180.00 $1,080.00
128 Senior Engineer 4.00 Hour 210.00 $840.00
1318 Moisture Density Relationship (Proctor)2.00 Each 200.00 $400.00
1162 Sieve Analysis with 200 wash, per sample 11.00 Each 156.00 $1,716.00
1530AG Asphalt Content of Aggregate Base, per sample 2.00 Each 162.00 $324.00
1861 CMT Trip Charge 13.00 Each 50.00 $650.00
Activity 1.2 Concrete Testing $4,710.00
261 Concrete Testing 25.00 Hour 94.00 $2,350.00
Work Activity Detail Qty Units Hrs/Unit Extension
Curb & Gutter 5.00 Trips 2.50 12.50
Flatwork 5.00 Trips 2.50 12.50
1364 Compressive strength of concrete cylinders, per specimen 30.00 Each 38.00 $1,140.00
Work Activity Detail Qty Units Hrs/Unit Extension
Curb & Gutter 5.00 Sets 3.00 15.00
Flatwork 5.00 Sets 3.00 15.00
278 Concrete Cylinder Pick up 5.00 Hour 94.00 $470.00
Work Activity Detail Qty Units Hrs/Unit Extension
Cylinder Pick Up 5.00 Trips 1.00 5.00
1861 CMT Trip Charge 15.00 Each 50.00 $750.00
Activity 1.3 Pavement Testing $24,615.00
209 Sample pick-up 22.50 Hour 94.00 $2,115.00
Work Activity Detail Qty Units Hrs/Unit Extension
HMA Sample Pick-up 15.00 Trips 1.50 22.50
221 Bituminous Core Marking & Observations 45.00 Hour 120.00 $5,400.00
Work Activity Detail Qty Units Hrs/Unit Extension
Mark & Observe Contractor Coring 15.00 Trips 3.00 45.00
2689 MnDOT Asphalt Verification, per sample 15.00 Each 740.00 $11,100.00
1542 Thickness and Density of Bituminous Core 75.00 Each 60.00 $4,500.00
Page 1 of 205/07/2024 08:25 AM
Project Proposal
QTB196131
Prairie Center Drive Pavement Rehabiliataion CP 24803
Proposal Total:$48,577.00
1861 CMT Trip Charge 30.00 Each 50.00 $1,500.00
Activity 1.4 Project Management $6,588.00
226 Project Manager 28.00 Hour 174.00 $4,872.00
228 Senior Project Manager 2.00 Hour 200.00 $400.00
238 Project Assistant 14.00 Hour 94.00 $1,316.00
Phase 1 Total:$48,577.00
Page 2 of 205/07/2024 08:25 AM
Project Proposal
QTB196131
Prairie Center Drive Pavement Rehabiliataion CP 24803
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
May 21, 2024
DEPARTMENT/DIVISION:
Adam Gadbois
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24803
Approve Professional Services Agreement with SRF Consulting Group, Inc. for a Traffic Study for the Eden Prairie Center Redevelopment
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for a Traffic Study for the Eden Prairie Center Redevelopment Synopsis
This Professional Services Agreement will provide a traffic study for the proposed potential Eden Prairie Center Redevelopment. Background Information
Redevelopment is being considered for the area north of the Eden Prairie Center. The developer is required to complete an Environmental Assessment Worksheet, which includes a Traffic Impact Study. Financial Implications The Professional Services Agreement with SRF Consulting Group, Inc. has an estimated cost of $28,500.00. The developer has provided an escrow to fund the study. Attachment Professional Services Agreement
2024 03 08
Version 2024 03 08
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 15th day of May, 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, Inc. (“Consultant”), a Minnesota Corporation
(hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100,
Minneapolis, MN 55416.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for the Eden Prairie Center Redevelopment EAW Transportation Analysis 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 17, 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 May 15, 2024 through November 1,
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 $28,500.00 for the services as described in Exhibit
A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
SRF Eden Prairie Center Redevelopment EAW Transportation Analysis
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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
SRF Eden Prairie Center Redevelopment EAW Transportation Analysis
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.
SRF Eden Prairie Center Redevelopment EAW Transportation Analysis
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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
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$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
SRF Eden Prairie Center Redevelopment EAW Transportation Analysis
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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
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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
SRF Eden Prairie Center Redevelopment EAW Transportation Analysis
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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
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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
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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
SRF Consulting Group, Inc.
By:
Its:
www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Fax: 1.866.440.6364 An Equal Opportunity Employer SRF 17730.PP April 17, 2024 EXHIBIT A Adam Gadbois, PE, Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Edem Prairie, MN 55344 Subject: Proposal for Professional Services for: Eden Prairie Center Redevelopment EAW Transportation Analysis Dear Adam: SRF Consulting Group (SRF) is pleased to submit this proposal to conduct a transportation analysis study in conjunction with an EAW for the proposed Eden Prairie Center redevelopment in the City of Eden Prairie. The proposed redevelopment is located in the northeast quadrant of Eden Prairie Center mall and is generally contained within the existing internal Eden Prairie Center ring road (see Exhibit 2 for preliminary site plan). The proposed redevelopment, which is anticipated to be constructed in multiple phases over the next five (5) to seven (7) years, will include a combination of office, residential, retail, and hotel developments. As part of the redevelopment, the existing JCPenney will be demolished and the northern mall parking lots will be repurposed, which is expected to result in a net loss of over 650 mall parking spaces. Therefore, the main objectives of the transportation analysis are to evaluate the existing operations and parking within the study area, identify any transportation/parking impacts associated with the proposed redevelopment, and recommend improvements to address any issues, if necessary. Based on our understanding of the request, the following scope of services was developed. Assumptions The following general assumptions were used to develop the scope of services: • The development team will provide daily/monthly traffic, person, and/or parking count information, as available, at the Eden Prairie Center mall. This information will be utilized to adjust mall traffic and parking to understand holiday seasonal impacts. Scope of Services We propose to carry out the work as described in the following tasks. Data Collection 1. Review historical traffic volumes and previous study documents developed within the area to understand assumptions, findings, and recommendations pertinent to this study.
Eden Prairie Center Redevelopment EAW Transportation Analysis April 17, 2024 Page 2 2. Collect video data at eleven (11) study intersections for up to three (3) days (i.e., Thursday through Saturday). Video data will be collected for 14 hours (i.e., 6 a.m. to 8 p.m.) and will capture the following study intersections, which are also illustrated in Exhibit 1. • Flying Could Drive/ W 78th Street • Flying Cloud Drive/Singletree Lane • W 78th Street/Den Road • Prairie Center Drive/W 78th Street • Prairie Center Drive/Eden Prairie Center East Access • Eden Prairie Center Internal Intersections (#1 through #6) 3. Utilize the video data collected in Task 2 to process vehicular and pedestrian/bicyclist turning movement counts for up to four (4) time periods (i.e. weekday a.m., midday, p.m. and Saturday midday peak periods) at the study intersections identified in Task 2. 4. Collect current off-street parking utilization data for up to four (4) time periods at the existing Eden Prairie Center parking lots (count locations highlighted in red on Exhibit 1). The time periods for data collection will be determined based on discussions with the project team on what days/times parking generally peaks. The parking utilization counts will be summarized in a graphic. Parking Analysis 5. Estimate the future peak period public parking demand (i.e., Target, Parcel C, and the 400 Prairie Center Drive Garage) using a combination of parking utilization counts collected in Task 4, the ITE Trip Generation Handbook, 5th Edition, and the City of Eden Prairie parking requirements. Determine if the proposed parking supply is sufficient to accommodate the redevelopment. Note a parking demand sensitivity analysis will also be developed, using data provided by the development team, to understand holiday seasonal impacts. 6. Determine if the proposed private parking supply for the office (Parcel A) and residential (Parcel B.1 and B.2) developments (see Exhibit 2) is sufficient to accommodate the proposed land uses using a combination of the ITE Parking Generation Handbook, 5th Edition and the City of Eden Prairie parking requirements. 7. If a parking deficit is expected, identify potential improvements, opportunities, or management strategies. Operations Analysis 8. Analyze existing intersection operations at the study intersections during up to four (4) time periods (i.e., weekday a.m., midday, p.m., and Saturday midday peak periods) at the study intersections using Synchro/SimTraffic software. A sensitivity analysis will also be completed for one (1) time period, using the data provided by the development team, to understand any holiday impacts at the study intersections. 9. Develop future no build (i.e., one-year after full-build) forecasts based on a general background growth rate and trip generation estimates associated with known adjacent developments.
Eden Prairie Center Redevelopment EAW Transportation Analysis April 17, 2024 Page 3 10. Analyze future no build conditions (i.e., one-year after full build) at the study intersections during up to four (4) time periods using Synchro/SimTraffic software. 11. Estimate the number of trips generated by the proposed redevelopment for up to four (4) peak periods (i.e., weekday a.m., midday, p.m., and Saturday midday peak periods) and on a daily basis using the ITE Trip Generation Manual, 11th Edition. 12. Distribute trips generated by the redevelopment to the adjacent roadway network based on existing travel patterns and engineering judgement. 13. Analyze future build conditions (i.e., one-year after full build) at the study intersections during up to four (4) time periods using Synchro/SimTraffic software. A sensitivity analysis will also be completed for one (1) time period, using the data provided by the development team, to understand seasonal impacts at the study intersections. 14. Perform a high-level evaluation of traffic controls and signal warrants at the unsignalized public intersections (i.e., Flying Cloud Drive/W 78th Street, W 78th Street/Den Road, and Prairie Center Drive/Eden Prairie Center NE Access) to determine appropriate traffic controls and lane configurations to ensure safe and efficient operations. Note this task will include a review of the latest five (5) years of crash data at the study intersections to understand any crash trends or issues at the intersections. 15. Determine what improvements, if any, are needed to accommodate the proposed redevelopment with acceptable levels of service and safe operations. This task will include a review of the proposed site plan with respect to access, sight distance, site circulation, and pedestrian facilities, and recommend improvements if necessary. Documentation, Project Management, & Meetings 16. Prepare a draft technical memorandum documenting the transportation analysis findings and recommendations. Make revisions and/or comment responses as appropriate based on project staff review and prepare a final memorandum. 17. Prepare draft text to be incorporated into the draft Environmental Assessment Worksheet (EAW). Make revisions based on stakeholder input and finalize the EAW text. 18. Prepare for and attend up to two (2) virtual conference call meetings with project staff to discuss study assumptions and/or findings/recommendations. This task assumes one (1) SRF staff will attend each meeting. Note no public meeting attendance (i.e. planning commission, City Council) is assumed as part of this scope. 19. Provide day-to-day project management, administration, and quality control, as well as general coordination with project staff. Schedule We are prepared to begin immediately and will complete this work within a mutually agreed-upon time schedule. In general, for a study this magnitude, a draft technical memorandum is anticipated to be completed ten (10) to twelve (12) weeks after notice to proceed.
Eden Prairie Center Redevelopment EAW Transportation Analysis April 17, 2024 Page 4 Budget Based on our understanding of the study, the cost of our services is not to exceed $28,500, which includes both time and expenses. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Leif Garnass, PE (MN IA MO IN MI FL), PTOE Vice President – Traffic & Technology Brent Clark, PE (MN SD) Project Manager - Traffic Studies This cost proposal is valid for a period of 90 days. S RF reserves the right to adjust its cost estimate
after 90 days from the date of this proposal.
K:\Traffic\Proposals\Clark\1_Minnesota\Eden Prairie\EP Center Transportation Analysis\17730PP_Eden Prairie Center Redevelopment EAW Transportation Analysis_240417.docx
NORTHNorthEnter-Only
Access
55th St NW50th Ave NW52nd Ave NW55th Ave NWFlying Cloud DrivePrairie Center DriveDen RoadW 78th Street
Singletree Lane
02417730
April 2024
Proposed Study Intersections & Parking Count Locations Exhibit 1Eden Prairie Center Redevelopment Transportation Analysis
Eden Prairie, MN
LEGEND
- Proposed Public Study Intersection
- Proposed Internal Study Intersection
- Project Location
- Parking Count Locations
Main Entrance
Pick-Up/
Drop-Off
Canopy
34th St NW
Project Location
1
2
3 4
5
6
Exhibit 2
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
May 21, 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 308875 - 309232
Wire Transfers 1035924 - 1036027 Wire Transfers 10416 – 10459
Purchasing Card 10416
City of Eden PrairieCouncil Check Summary
5/21/2024
Division Amount Division Amount
100 City Manager 46,779 304 Senior Board 80
101 Legislative 6,679 308 E-911 30
102 Legal Counsel -3,825 315 Economic Development 2,681
110 City Clerk 209 502 Park Development 96,118
111 Customer Service 163 509 CIP Fund 92,947
112 Human Resources 1,438 512 CIP Trails 1,434
113 Communications 8,620 513 CIP Pavement Management 15,447
114 Benefits & Training 22,758 526 Transportation Fund 61,338
131 Finance 576 539 2020 Improvement Projects 47,800
133 Planning 121 543 Police Remodel 37,135
136 Public Safety Communications 1,210 804 100 Year History 11
137 Economic Development 20 Total Capital Projects Fund 355,020
138 Community Development Admin.200
150 Park Administration 200 601 Prairie Village Liquor 108,159
151 Park Maintenance 49,638 602 Den Road Liquor 212,416
153 Organized Athletics 2,576 603 Prairie View Liquor 122,468
154 Community Center 26,134 605 Den Road Building 2,335
156 Youth Programs 3,882 701 Water Enterprise Fund 130,717
158 Senior Center 1,448 702 Wastewater Enterprise Fund 39,192
159 Recreation Administration 401 703 Stormwater Enterprise Fund 22,161
160 Therapeutic Recreation 666 Total Enterprise Fund 637,447
162 Arts 5,020
163 Outdoor Center 1,318 316 WAFTA 7,884
164 Park Rental Facilities 101 802 494 Commuter Services 30,600
168 Arts Center 1,191 807 Benefits Fund 1,026,424
180 Police Sworn 30,782 809 Investment Fund 1,755
184 Fire 25,320 812 Fleet Internal Service 351,684
186 Inspections 3,873 813 IT Internal Service 43,645
200 Engineering 1,238 815 Facilites Operating ISF 27,605
201 Street Maintenance 5,990 816 Facilites City Center ISF 32,071
202 Street Lighting 3,435 817 Facilites Comm. Center ISF 22,944
Total General Fund 248,162 818 Dental Insurance 9,495
Total Internal Svc/Agency Fund 1,554,108
301 CDBG 20,510
303 Cemetary Operation 450 Report Total 2,815,697
Total Special Revenue Fund 20,960
City of Eden PrairieCouncil Check Register by GL
5/21/2024
Check #Amount Supplier / Explanation Account Description Business Unit Comments10429359,258 HEALTHPARTNERS Insurance Health and Benefits 2024 Premiums
10440 314,865 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.03.24
10438 224,988 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.19.24
10458 135,385 MINNESOTA DEPT OF REVENUE Due to Other Governments Various Funds Sales Tax April 2024
309082 107,840 METROPOLITAN FORD Autos Fleet - Public Works Vehicle 601 and 615 Replacements
10416 105,756 USB-PURCHASING CARD Various Various Funds Purchasing card transactions
309203 92,063 PARKOS CONSTRUCTION COMPANY Building Materials Park Acquisition & Development
309192 68,748 HENRICKSEN PSG Other Assets Capital Maint. & Reinvestment
309226 60,396 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund
309199 54,018 MIDWAY FORD Autos Fleet Capital
309195 47,800 JAG GROUP, LLC Right of Way & Easement 2020 Improvement Projects
309223 44,934 TENVOORDE FORD, INC.Autos Fleet - Police
309025 40,765 EDEN PRAIRIE NISSAN Autos Fleet Capital
10441 37,940 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
309008 37,135 BKV GROUP Other Contracted Services Police Remodel
10442 35,725 EMPOWER Deferred Compensation Health and Benefits
309228 29,790 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
1036011 25,130 HAWKINS INC Treatment Chemicals Water Treatment
1036007 24,943 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
1035949 24,225 BOYER TRUCKS Equipment Parts Fleet Operating
10421 20,931 WEX HSA - Employee Health and Benefits
309162 20,048 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
309181 19,751 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
309117 19,629 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
10431 18,817 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Stores
309169 18,404 CITYGATE ASSOCIATES LLC Other Contracted Services Capital Maint. & Reinvestment
1035962 17,520 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital
309077 17,172 TYLER TECHNOLOGIES INC Software Maintenance IT Operating
309042 16,515 LANO EQUIPMENT INC Operating Supplies Capital Outlay Parks
10459 16,078 PAYCHEX Wages and Benefits MM 494 Corridor Commission
1035935 15,447 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
309185 15,405 GRAYMONT Treatment Chemicals Water Treatment
309032 14,925 GRAYMONT Treatment Chemicals Water Treatment
309069 14,800 STERLING CUSTOM HOMES LLC Other Contracted Services Rehab
308903 13,946 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
309139 13,916 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1036000 13,535 SITEONE LANDSCAPE SUPPLY, LLC Chemicals Park Maintenance
309057 13,466 PRO TREE OUTDOOR SERVICES Equipment Repair & Maint Wasterwater Collection
309109 12,978 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
309153 12,636 ABM ONSITE SERVICES-MIDWEST Cleaning Supplies City Hall (City Cost)
309126 12,515 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
308922 12,147 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
309095 11,995 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
309047 11,766 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services
309048 10,229 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
309006 9,873 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
309122 9,293 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
10437 9,260 BPAS HRA Health and Benefits
309194 9,000 IRON MALTESE ATHLETICS Health & Fitness Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments10360179,000 NOVOTX LLC Software Utility Operations - General
1035948 8,865 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Water Treatment
309132 8,784 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
10435 8,715 CHASE Bank and Service Charges Utility Funds
308914 8,367 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
308929 7,980 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
309111 7,787 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1035989 7,724 BRAUN INTERTEC CORPORATION Other Contracted Services Maintenance Facility
10422 7,528 HEALTHPARTNERS Dental Insurance Dental Insurance
309176 7,000 DRONESENSE INC Software Maintenance IT Operating
309041 6,577 KREMER SERVICES LLC Equipment Repair & Maint Fleet Operating
309210 6,546 SCOTT COUNTY Autos Fleet - Public Works
309207 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
309145 6,481 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1035963 6,354 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Operating
308937 6,319 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
309160 6,000 AVOLVE SOFTWARE Software IT Operating
308904 5,796 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
309067 5,796 STANTEC PLANNING/LANDSCAPE ARCHITECTURE Other Contracted Services Capital Maint. & Reinvestment
1036006 5,760 CENTERPOINT ENERGY Gas Various Funds
1035965 5,710 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service
309035 5,647 HOME DEPOT CREDIT SERVICES Supplies Various Funds
309039 5,340 JOHNSON FITNESS & WELLNESS Operating Supplies Fitness Center
309221 5,300 STAR TRIBUNE Employment Advertising Organizational Services
309101 5,288 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
309045 4,768 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
309147 4,692 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
308879 4,609 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
309099 4,605 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
309164 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
308887 4,481 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1035953 4,478 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails
308892 4,439 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
309043 4,428 LEAGUE MN CITIES INS TRUST Property Insurance 494 Corridor Commission
309182 4,399 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
308942 4,145 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
309110 4,124 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1035966 4,081 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
309046 4,000 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
309133 3,953 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
308881 3,932 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
309087 3,896 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
308905 3,842 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
308918 3,831 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
309211 3,796 SCOTT COUNTY Autos Fleet - Public Works
309212 3,760 SCOTT COUNTY Autos Fleet - Public Works
309213 3,714 SCOTT COUNTY Autos Fleet - Public Works
309115 3,691 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
309000 3,629 M-R SIGN CO INC Signs Traffic Signs
309200 3,610 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
1035957 3,537 METRO SALES INCORPORATED*Equipment Rentals IT Operating
308931 3,487 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
309088 3,460 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3092153,245 SHADYWOOD TREE EXPERTS INC Repair & Maint. Supplies Wasterwater Collection
308880 3,226 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
309001 3,119 ACROSS THE STREET PRODUCTIONS Training Fire
309193 3,107 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
309086 3,025 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
309204 2,970 PERFORMING INSTITUTE OF MINNESOTA Building Rental Winter Theatre
309156 2,963 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost)
309144 2,926 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
309121 2,883 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
309107 2,836 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
308940 2,815 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
308912 2,807 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
309189 2,712 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
309098 2,671 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
309130 2,582 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
308930 2,561 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
309219 2,557 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
309224 2,556 TGA OF CENTRAL HENNEPIN COUNTY Instructor Service Recreational Sports
309218 2,543 STANDARD SPRING PARTS Equipment Parts Fleet Operating
309081 2,509 WILSONS NURSERY INC Landscape Materials/Supp Tree Replacement Fund
309158 2,439 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating
308907 2,355 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1036025 2,337 WM MUELLER AND SONS INC Repair & Maint. Supplies Water Distribution
308877 2,320 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309078 2,312 VAN PAPER COMPANY Cleaning Supplies General Community Center
308899 2,209 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1035964 2,188 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Maintenance Facility
1035968 2,130 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance
308924 2,109 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
309161 2,060 BCM ONE Telephone IT Operating
309002 2,000 ADVANCED WALL STRUCTURES Deposits General Fund
1036015 1,931 METRO SALES INCORPORATED*Printing/Copying 494 Corridor Commission
1036004 1,909 BEACON ATHLETICS Operating Supplies Miller Park
309036 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
308890 1,853 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1036009 1,848 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Water Treatment
308894 1,831 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
309093 1,816 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1035961 1,791 NOVOTX LLC Software Utility Operations - General
309134 1,787 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
309054 1,783 NORTH PINE AGGREGATE, INC Repair & Maint. Supplies Stormwater Collection
309227 1,755 US BANK Interest Investment Fund
308895 1,647 WINEBOW Liquor Product Received Prairie Village Liquor Store
309114 1,635 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
309012 1,601 CAVE ENTERPRISES OPERATIONS LLC Reimburse-legal notices General Fund
309063 1,598 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
10428 1,592 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
309050 1,535 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating
1036024 1,522 VARITECH INDUSTRIES INC Equipment Parts Fleet Operating
308911 1,520 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
308917 1,438 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
309222 1,436 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
309138 1,431 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10360121,410 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Wasterwater Collection
309066 1,400 SOLUTION BUILDERS Computers 494 Corridor Commission
308934 1,383 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
309080 1,311 WEE NIKKI Travel Expense Communications
1035993 1,304 GLYNN JULIETTE Tuition Reimbursement/School Organizational Services
1035956 1,294 METRO ELEVATOR INC Contract Svcs - Elevator Maintenance Facility
309128 1,286 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
309150 1,271 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
309112 1,264 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
10426 1,260 WEX FSA - Medical Health and Benefits
309165 1,195 CENTERPOINT ENERGY Equipment Repair & Maint Water Distribution
309214 1,185 SCOTT COUNTY Autos Fleet - Park & Rec
309013 1,169 CENTURYLINK Telephone City Center - CAM
309231 1,167 HENNEPIN COUNTY TREASURER Landscape Materials/Supp Tree Replacement Fund
309225 1,139 THE ADVENT GROUP Temp 494 Corridor Commission
1035950 1,132 CDW GOVERNMENT INC.Computers IT Operating
309084 1,131 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
309059 1,106 RIVERS EDGE CONCRETE Building Materials Park Maintenance
309191 1,100 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn
309075 1,089 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
309186 1,085 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
309120 1,083 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
309118 1,077 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
309137 1,070 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
10427 1,069 WEX FSA - Medical Health and Benefits
1035992 1,059 FLEETPRIDE INC Equipment Parts Fleet Operating
309154 1,050 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance
309072 1,048 THE ADVENT GROUP Temp 494 Corridor Commission
309172 1,043 COUNTRY ACRES GARDEN AND LANDSCAPE Landscape Materials/Supp Park Acquisition & Development
309197 1,042 MARCO INC Hardware - R&M IT Operating
309028 1,033 FIRE SAFETY USA INC Equipment Parts Fleet Operating
309003 1,032 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
309159 985 ASPEN MILLS Clothing & Uniforms Fire
10417 929 WEX Other Contracted Services Health and Benefits
1035978 908 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1035975 876 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
10420 867 WEX FSA - Medical Health and Benefits
309096 858 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
309141 858 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
10439 856 UKG INC Garnishment Withheld Health and Benefits
308926 856 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1035937 855 EGAN-MCKAY ELECTRICAL CONTRACTORS INC.Other Contracted Services Transportation Fund
309027 853 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1035977 846 VINOCOPIA Liquor Product Received Den Road Liquor Store
308893 836 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
308938 828 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
308932 820 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1035933 819 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
309163 815 BRYAN ROCK PRODUCTS INC Repair & Maint. Supplies Wasterwater Collection
309029 805 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
309010 800 BOUND TREE MEDICAL LLC EMS Supplies Fire
1036026 794 XCEL ENERGY Electric Traffic Signals
309083 780 VETERAN SHREDDING Other Contracted Services Senior Center Programs
Check #Amount Supplier / Explanation Account Description Business Unit Comments309091747DOMACE VINO Liquor Product Received Prairie Village Liquor Store
309038 745 JAVA PROPERTIES LLC Reimburse-legal notices General Fund
1035982 740 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1035943 735 KRISS PREMIUM PRODUCTS INC Supplies - Plumbing City Center - CAM
308884 726 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
309201 700 MINT CONDITION DETAILING INC Operating Supplies Fire
309105 687 WINEBOW Liquor Product Received Prairie Village Liquor Store
308891 678 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035959 665 MOTOROLA Equipment Repair & Maint Public Safety Communications
1036018 652 POMP'S TIRE SERVICE INC Tires Fleet Operating
309168 646 CINTAS CORPORATION Safety Supplies Community Center Admin
1036021 632 TRANE U.S. INC Supplies - HVAC General Community Center
1035926 629 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
308882 629 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
309037 600 J R FIRE PROTECTION LLC Contract Svcs - Garden Rm/Caf.Garden Room Repairs
309079 600 WAYNES HOME SERVICES Window Washing Fire Station #3
309033 594 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
309116 585 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
308913 575 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1035955 573 MENARDS Motor Fuels Park Maintenance
1036010 568 GRAINGER Repair & Maint. Supplies Utility Operations - General
309011 545 CAMPBELL KNUTSON, P.A.Legal WAFTA
10424 542 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
309074 542 T-MOBILE Telephone 494 Corridor Commission
309034 539 HOLMES REPAIR LLC Equipment Repair & Maint Fire
10432 535 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration
1035969 525 XCEL ENERGY Electric Street Lighting
309049 512 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
1035979 510 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
10423 509 WEX FSA - Medical Health and Benefits
309104 503 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
309040 497 JSW EMBROIDERY & TACKLE TWILL Miscellaneous Administration
1035971 481 METROPOLITAN FORD Equipment Parts Fleet Operating
1035930 481 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
308889 480 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
309076 476 TWIN CITIES FLAG SOURCE, INC Supplies - General Bldg Maintenance Facility
1035973 464 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
309166 461 CENTURYLINK Internet Water Distribution
1036014 459 MENARDS Repair & Maint. Supplies Pool Maintenance
308939 457 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1035987 454 BENKOWSKI ALYSSA Tuition Reimbursement/School Police Sworn
309175 450 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
309023 450 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
309106 448 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
308875 441 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
309004 432 ASSURED SECURITY Contract Svcs - General Bldg Pool Maintenance
308885 431 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
309020 425 CORPORATE MARK INC Clothing & Uniforms Volunteers
1035991 422 EICHMAN NATHAN Canine Supplies Police Sworn
309173 419 DETECTACHEM INC Operating Supplies Police Sworn
10457 418 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
308901 417 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
309056 405 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments1035952402GRAINGERCleaning Supplies General Community Center
309142 397 MEGA BEER Liquor Product Received Prairie View Liquor Store
309155 395 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
309208 380 ROCHAT BOESER KRISTA AR Utility Water Enterprise Fund
309113 378 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
308921 375 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
309124 375 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
1035984 370 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
309230 365 VESTIS SERVICES LLC Janitor Service Liquor Stores
1035954 365 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
309119 364 MEGA BEER Liquor Product Received Den Road Liquor Store
1036008 359 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
309229 357 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility
308933 351 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
309090 346 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
1035951 337 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
308916 334 MEGA BEER Liquor Product Received Den Road Liquor Store
309102 330 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
308908 328 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
309217 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
309183 324 FREEZIAC Merchandise for Resale Concessions
1035925 317 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
309143 314 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309140 310 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store
308883 308 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
309089 307 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
309062 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits General Fund
309198 300 MARTIN MARIETTA MATERIALS Patching Asphalt Street Maintenance
309205 300 PETTY CASH Petty Cash & Change Funds General Fund
309170 300 COMCAST Phone/Data/Web 494 Corridor Commission
309097 296 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309058 296 PROP - PR Charitable Contributions Health and Benefits
308906 294 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
1035972 294 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
308919 289 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
309127 285 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
309135 285 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1036020 280 STREICHERS Training Supplies Police Sworn
309026 279 EDEN PRAIRIE SCHEELS Clothing & Uniforms Facilities Staff
10419 278 WEX FSA - Medical Health and Benefits
308915 277 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1035994 277 GOLDENSTEIN, JAMES Conference/Training IT Operating
1035983 265 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1035934 263 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1035944 260 LOWERY, THOMAS Tuition Reimbursement/School Police Sworn
1035999 260 SCHMIDT, MATT Travel Expense Police Sworn
1036003 260 WELTER JACK Travel Expense Police Sworn
308900 252 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
308944 252 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
10418 251 WEX FSA - Medical Health and Benefits
309148 251 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
309178 250 EDINA, CITY OF Other Contracted Services Communications
308910 247 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments309174245DIRECTVCable TV Community Center Admin
308876 240 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
309180 240 ESTRINE, ROBERT Other Contracted Services Community Band
309202 240 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
308878 226 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
308945 224 ABDEL MARK AR Utility Water Enterprise Fund
1035998 222 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
309136 222 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309196 221 LIBERTY TIRE RECYCLING - MN Waste Disposal Fleet Operating
308993 220 TRAEGER BRAD AR Utility Water Enterprise Fund
1035929 212 VINOCOPIA Liquor Product Received Den Road Liquor Store
308935 211 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
309007 208 BENKOWSKI ALYSSA Tuition Reimbursement/School Police Sworn
1035947 208 VIK, LISA Tuition Reimbursement/School Police Sworn
309060 201 ROSE BILL Travel Expense Utility Operations - General
309103 200 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1035970 198 ZIEGLER INC Equipment Parts Fleet Operating
309125 197 SMALL LOT MN Liquor Product Received Den Road Liquor Store
1035981 197 VINOCOPIA Liquor Product Received Prairie View Liquor Store
309188 195 GYM WORKS Equipment Repair & Maint Fitness Center
309146 193 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
308897 192 56 BREWING LLC Liquor Product Received Den Road Liquor Store
308925 192 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
309149 192 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309151 191 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
308902 190 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
308928 190 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
1036016 185 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
308975 183 MYERS, BRIAN AR Utility Water Enterprise Fund
309055 182 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters
309014 180 CENTURYLINK Internet IT Operating
309051 178 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance
308965 177 KANDEEL NEVEN AR Utility Water Enterprise Fund
1035941 177 HOANG PHU Travel Expense Utility Operations - General
309129 176 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
309177 176 EARL F ANDERSEN INC Signs Tree Disease
1035928 174 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
308966 172 KLAAS KYLE AR Utility Water Enterprise Fund
1035938 172 EICHMAN NATHAN Clothing & Uniforms Police Sworn
308920 168 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1035960 167 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1035942 161 INNOVATIVE OFFICE SOLUTIONS Cleaning Supplies General Community Center
308946 161 AGUILAR ADRIAN AR Utility Water Enterprise Fund
308909 159 DOMACE VINO Liquor Product Received Den Road Liquor Store
308898 156 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
308927 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
309131 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
1035980 155 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1035995 155 GORDHAMER SCOTT Clothing & Uniforms Police Sworn
309108 154 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
309232 149 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
1035932 147 VINOCOPIA Liquor Product Received Prairie View Liquor Store
308989 145 SMITH PAUL AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments308951141CZECH KELLY AR Utility Water Enterprise Fund
309085 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
308948 140 CAZA JOHN AR Utility Water Enterprise Fund
308994 139 TRINKA RICH AR Utility Water Enterprise Fund
309216 138 SOLUTION BUILDERS Computers 494 Corridor Commission
308985 135 RAMOS FREDERICK AR Utility Water Enterprise Fund
309152 134 A TO Z RENTAL CENTER Operating Supplies Fire
308888 132 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
308896 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1035927 131 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
308981 123 OLSEN JAMES AR Utility Water Enterprise Fund
309206 121 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire
309016 120 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
1035974 120 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
309220 120 STAPLES ADVANTAGE Office Supplies Customer Service
1035939 119 FASTENAL COMPANY Small Tools Fleet Operating
10433 119 WEX FSA - Medical Health and Benefits
1036022 118 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
1035924 118 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
308949 117 CODY BETH AR Utility Water Enterprise Fund
308936 117 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store
308941 116 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
309073 115 THURAS ANDREW Deposits General Fund
308990 115 TAING KAING AR Utility Water Enterprise Fund
1035990 114 CARLSTON, BRANDON Canine Supplies Police Sworn
10436 111 PAYA Bank and Service Charges Theatre Initiative
1035976 109 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1036019 106 STERICYCLE INC Other Contracted Services Police Sworn
308996 106 WIERSMA KATHERINE AR Utility Water Enterprise Fund
308943 105 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
309092 104 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
308986 98 ROTHER, DIANE AR Utility Water Enterprise Fund
309044 97 LECY KATHY P&R Refunds Community Center Admin
309100 97 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
309123 97 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
309018 97 COMCAST Internet IT Operating
1036005 97 BOYER TRUCKS Equipment Parts Fleet Operating
309157 93 AMERICAN PRESSURE INC Supplies - General Bldg Maintenance Facility
309184 92 GERIS ELIZABETH K Rental License Housing Inspections
309015 90 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
308923 89 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
309030 89 FOUNDATION BUSINESS SYSTEMS, LLC Dues & Subscriptions Stormwater Non-Capital
309094 88 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
308988 86 SCHOWALTER MICHAEL AR Utility Water Enterprise Fund
1036001 86 STAAF, CARTER Clothing & Uniforms Police Sworn
309005 85 BATTERIES PLUS BULBS Repair & Maint. Supplies Miller Park
308979 85 NITTALA SIVAKUMAR AR Utility Water Enterprise Fund
309052 80 MUSIC THEATRE INTERNATIONAL Licenses, Taxes, Fees Summer Theatre
308974 80 MURRAY JAMES AR Utility Water Enterprise Fund
308982 79 PIETIG KATHLEEN AR Utility Water Enterprise Fund
1036013 77 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
308972 76 MARKS IV EDWARD H AR Utility Water Enterprise Fund
308964 75 JOHNSON TIM AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments30897772NELSON TYKA AR Utility Water Enterprise Fund
309179 72 EMERGENCY TECHNICAL DECON Protective Clothing Fire
1035986 71 BECKER, DAVE Mileage & Parking Police Sworn
1035996 68 KAPAUN, RYAN Tuition Reimbursement/School Police Sworn
309171 68 COMCAST Cable TV Fire
1035931 67 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1035958 62 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
308991 62 TERWILLIGER SCOTT AR Utility Water Enterprise Fund
309068 60 STAPLES ADVANTAGE Office Supplies Customer Service
1035988 59 BERRY COFFEE COMPANY Operating Supplies Fire
309019 56 COMCAST Cable TV Fire
308961 56 HAVEL PAUL AR Utility Water Enterprise Fund
308980 55 OAKWOOD PARTNERS LLC AR Utility Water Enterprise Fund
309031 55 GADBOIS ADAM Travel Expense Engineering
1035985 55 ANDREWS, JOHN Travel Expense Police Sworn
1036002 53 STRAIN SARAH Mileage & Parking Planning
308886 52 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
309187 52 GS DIRECT Operating Supplies Engineering
308960 49 HAPPE-HUMES, JUDITH AR Utility Water Enterprise Fund
309024 46 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
309009 45 BLUE LINE CUSTOM GIFTS Operating Supplies Police Sworn
1035946 45 QUALITY PROPANE Motor Fuels Fleet Operating
308953 42 ESTATE OF LIV NUCKOLS C/O HOWARD NUCKOLS AR Utility Water Enterprise Fund
309071 41 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
308997 37 WOERNER FAMILY TRUST LLC AR Utility Water Enterprise Fund
308999 36 YU CHUNG M AR Utility Water Enterprise Fund
308963 36 HUNZELMAN RENEE AR Utility Water Enterprise Fund
308962 36 HIRDLER JUDITH AR Utility Water Enterprise Fund
308954 35 FIELDSTONE FAMILY HOMES INC AR Utility Water Enterprise Fund
308970 35 LORENZ LISA AR Utility Water Enterprise Fund
309017 34 COMCAST Other Contracted Services Police Sworn
10434 33 WEX FSA - Medical Health and Benefits
308978 33 NEWBERG DAVID AR Utility Water Enterprise Fund
309070 30 TALKPOINT TECHNOLOGIES INC Equipment Repair & Maint E-911 Program
1035997 30 OLSEN CHAIN & CABLE Equipment Repair & Maint Park Maintenance
308984 26 QUAINTANCE ROY AR Utility Water Enterprise Fund
308955 25 FISCHER CINDY AR Utility Water Enterprise Fund
308952 25 DOLLARD JEFF AR Utility Water Enterprise Fund
10425 24 WEX FSA - Medical Health and Benefits
1035936 24 CONCRETE CUTTING AND CORING Equipment Parts Street Maintenance
1036023 23 UPS Postage Police Sworn
308973 23 MOLLER ANDREW AR Utility Water Enterprise Fund
309065 22 SNAP-ON TOOLS Operating Supplies Fleet Operating
308958 20 HAGAN KYLE AR Utility Water Enterprise Fund
309167 20 CHRIS CASTLE INC Computers 494 Corridor Commission
309209 20 SCOTT COUNTY Licenses, Taxes, Fees Police Sworn
309021 20 CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn
309064 19 SHRED RIGHT Waste Disposal City Hall (City Cost)
308950 17 CRONK BEVERLY AR Utility Water Enterprise Fund
308992 16 TJORNHOM CHRISTOPHER AR Utility Water Enterprise Fund
308959 16 HANSEN DEREK AR Utility Water Enterprise Fund
308976 16 NACHREINER WENDY AR Utility Water Enterprise Fund
309053 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments30896816KREZOWSKI ELIZABETH AR Utility Water Enterprise Fund
1035967 15 UPS Postage Human Resources
309022 15 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
309061 13 SALK ELLISON Deposits General Fund
308967 12 KNUTSON, BETTY AR Utility Water Enterprise Fund
308969 11 LAPIC KELLY AR Utility Water Enterprise Fund
308987 11 SCHAUFENBUEL NICHOLAS AR Utility Water Enterprise Fund
1035940 10 FLEETPRIDE INC Lubricants & Additives Fleet Operating
308983 10 POLFLIET ALEX AR Utility Water Enterprise Fund
308998 9 WREGHITT SHERYL AR Utility Water Enterprise Fund
308971 8 MADSEN REBECCA AR Utility Water Enterprise Fund
308947 7 BREY TIM AR Utility Water Enterprise Fund
10430 6 SQUARE Bank and Service Charges Prairie Village Liquor Store
308957 6 GIBBONS SARAH AR Utility Water Enterprise Fund
308956 6 FRYE ELIZABETH AR Utility Water Enterprise Fund
308995 6 VEMULAPALLI SRINIVASU AR Utility Water Enterprise Fund
1036027 183 ZIEGLER INC Equipment Parts Fleet Operating2,815,697 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
5/21/2024
Amount Account Description Business Unit
3,668 Retention Program Community Center Admin
3,141 Plumbing Surcharge General Fund
2,825 Machinery & Equipment Capital Outlay Parks
2,700 Repair & Maint. Supplies Police (City Cost)
2,610 Repair & Maint. Supplies Water Distribution
2,564 Clothing & Uniforms Day Care
2,170 Conference/Training Utility Operations - General
2,145 Conference/Training Fire
1,997 Travel Expense Parks Administration
1,848 Capital Under $25,000 Police Sworn
1,797 Tuition Reimbursement/School Police Sworn
1,650 Operating Supplies Police Sworn
1,500 Conference/Training City Council
1,450 Miscellaneous City Council
1,400 Landscape Materials/Supp Tree Replacement Fund
1,170 Licenses, Taxes, Fees Police Sworn
1,099 Tuition Reimbursement/School Police Sworn
1,077 Tuition Reimbursement/School Police Sworn
1,042 Landscape Materials/Supp Reforestation
1,030 Awards Volleyball
1,011 Deposits General Fund
996 Travel Expense Fire
996 Travel Expense Fire
841 Clothing & Uniforms Volleyball
820 Conference/Training Human Resources
799 Capital Under $25,000 Police Sworn
795 Tuition Reimbursement/School Police Sworn
746 Fire Prevention Supplies Fire
726 Bank and Service Charges Prairie View Liquor Store
720 Dues & Sub-Memberships Communications
693 Repair & Maint. Supplies Facilities Staff
690 Conference/Training City Council
690 Conference/Training Administration
690 Conference/Training City Council
690 Conference/Training City Council
690 Conference/Training City Council
688 Equipment Parts Fleet Operating
Amount Account Description Business Unit663Software/Hardware Maint.IT Operating
650 Training Fire
646 Protective Clothing Police Sworn
641 Tuition Reimbursement/School Police Sworn
637 Fire Prevention Supplies Fire
621 Conference/Training Engineering
620 Conference/Training Utility Operations - General
599 Licenses, Taxes, Fees Fitness Classes
599 Licenses, Taxes, Fees Fitness Classes
595 Employee Award Organizational Services
593 Clothing & Uniforms Police Sworn
576 Protective Clothing Police Sworn
568 Repair & Maint. Supplies Park Maintenance
530 Clothing & Uniforms Outdoor Center
528 Process Control Equipment IT Operating
518 Clothing & Uniforms Pool Operations
510 Tuition Reimbursement/School Police Sworn
502 Merchandise for Resale Concessions
500 Conference/Training Police Sworn
500 Travel Expense Police Sworn
500 Conference/Training Police Sworn
499 Conference/Training Administration
494 Training Supplies Police Sworn
480 Clothing & Uniforms New Adaptive
476 Operating Supplies Tennis
471 Repair & Maint. Supplies Utility Operations - General
466 Training Supplies Police Sworn
463 Tuition Reimbursement/School Police Sworn
461 Tuition Reimbursement/School Police Sworn
461 Operating Supplies Fire
449 Travel Expense Utility Operations - General
438 Operating Supplies Ice Operations
428 Tuition Reimbursement/School Police Sworn
428 Tuition Reimbursement/School Police Sworn
428 Tuition Reimbursement/School Police Sworn
425 Tuition Reimbursement/School Police Sworn
412 Employee Award Organizational Services
399 Travel Expense Administration
399 Other Contracted Services Liquor Store Delivery
397 Conference/Training Utility Operations - General
385 Conference/Training Park Maintenance
Amount Account Description Business Unit383Operating Supplies Fire
373 Repair & Maint. Supplies General Community Center
372 Dues & Sub-Memberships Organizational Services
360 Building Materials Street Maintenance
360 Protective Clothing Police Sworn
344 Conference/Training Pool Lessons
328 Tuition Reimbursement/School Police Sworn
328 Tuition Reimbursement/School Police Sworn
328 Tuition Reimbursement/School Police Sworn
326 Operating Supplies Police Sworn
325 Dues & Sub-Memberships Police Sworn
316 Training Supplies Pool Lessons
315 Miscellaneous City Council
310 Conference/Training Utility Operations - General
310 Conference/Training Utility Operations - General
306 Equipment Parts Fleet Operating
300 Conference/Training Outdoor Center
300 Tuition Reimbursement/School Police Sworn
298 Operating Supplies Ice Operations
292 Operating Supplies Winter Theatre
291 Training Supplies Pool Lessons
286 Training Supplies Pool Lessons
284 Chemicals Street Maintenance
276 Licenses, Taxes, Fees Pool Lessons
275 Tuition Reimbursement/School Police Sworn
275 Tuition Reimbursement/School Police Sworn
275 Awards Pickleball
273 Operating Supplies Senior Center Programs
269 Miscellaneous City Council
262 Signs Park Maintenance
261 Clothing & Uniforms Fitness Admin.
255 Operating Supplies Fire
254 Repair & Maint. Supplies Water Treatment
250 Conference/Training Utility Operations - General
250 Conference/Training Utility Operations - General
250 Clothing & Uniforms Pickleball
247 Fire Prevention Supplies Fire
245 Other Assets Public Safety Communications
241 Travel Expense Utility Operations - General
241 Travel Expense Utility Operations - General
236 Repair & Maint. Supplies General Community Center
Amount Account Description Business Unit236Repair & Maint. Supplies Water Treatment
234 Operating Supplies Park Maintenance
228 Training Supplies Police Sworn
228 Licenses, Taxes, Fees Pool Lessons
225 Training Supplies Human Resources
220 Operating Supplies Volunteers
219 Operating Supplies Special Events (CC)
217 Training Supplies Pool Lessons
200 Equipment Parts Fleet Operating
200 Other Contracted Services Specialty Fitness Programs
199 Operating Supplies Finance
199 Operating Supplies New Adaptive
195 Clothing & Uniforms Winter Theatre
190 Licenses, Taxes, Fees Pool Lessons
188 Operating Supplies Fire
188 Travel Expense Engineering
186 Tuition Reimbursement/School Police Sworn
186 Clothing & Uniforms Aquatics Admin.
184 Licenses, Taxes, Fees Pool Lessons
182 Merchandise for Resale Concessions
182 Training Supplies Pool Lessons
177 Cleaning Supplies Police (City Cost)
170 Conference/Training Utility Operations - General
170 Operating Supplies Outdoor Center
168 Tuition Reimbursement/School Police Sworn
168 Deposits General Fund
166 Equipment Parts Fleet Operating
163 Repair & Maint. Supplies Utility Operations - General
161 Office Supplies Police Sworn
160 Operating Supplies Fire
160 Operating Supplies Police Sworn
160 Conference/Training Utility Operations - General
156 Operating Supplies Park Maintenance
156 Operating Supplies Fitness Classes
155 Office Supplies Police Sworn
154 Operating Supplies City Council
150 Employment Advertising Organizational Services
150 Other Contracted Services Specialty Fitness Programs
150 Licenses, Taxes, Fees Pool Lessons
150 Clothing & Uniforms Fire
150 Repair & Maint. Supplies Cummins Grill House
Amount Account Description Business Unit148Tuition Reimbursement/School Police Sworn
148 Tuition Reimbursement/School Police Sworn
148 Tuition Reimbursement/School Police Sworn
147 Training Supplies Pool Lessons
146 Operating Supplies Public Safety Communications
145 Clothing & Uniforms Winter Theatre
145 Conference/Training Park Maintenance
144 Operating Supplies Arts Center
143 Repair & Maint. Supplies Police (City Cost)
143 Merchandise for Resale Concessions
140 Licenses, Taxes, Fees Park Maintenance
140 Conference/Training Senior Center Admin
140 Miscellaneous Police Sworn
139 Operating Supplies Arts Center
138 Conference/Training Pool Operations
138 Operating Supplies Youth Programs Admin
137 Training Supplies Fire
132 Operating Supplies Community Band
129 Conference/Training Human Resources
125 Clothing & Uniforms Utility Operations - General
124 Repair & Maint. Supplies Park Maintenance
123 Licenses, Taxes, Fees Engineering
122 Bank and Service Charges Winter Theatre
120 Operating Supplies Fitness Classes
120 Office Supplies Park Maintenance
120 Operating Supplies Ice Operations
119 Operating Supplies IT Operating
119 Operating Supplies Day Care
117 Operating Supplies Arts Center
116 Operating Supplies Police Sworn
114 Operating Supplies Arts Center
110 Conference/Training Outdoor Center
110 Licenses, Taxes, Fees Inspections-Administration
110 Licenses, Taxes, Fees Fitness Classes
109 Clothing & Uniforms Softball
109 Operating Supplies Police Sworn
109 Operating Supplies Arts Center
106 Repair & Maint. Supplies Water Treatment
106 Clothing & Uniforms Community Center Admin
105 Repair & Maint. Supplies Utility Operations - General
104 Deposits General Fund
Amount Account Description Business Unit101Clothing & Uniforms Park Facilities
100 Conference/Training Facilities Staff
100 Operating Supplies Arts Center
97 Operating Supplies Theatre Initiative
96 Office Supplies Utility Operations - General
96 Operating Supplies Fire
96 Operating Supplies Street Maintenance
94 Operating Supplies Fire
94 Operating Supplies Elections
94 Merchandise for Resale Concessions
94 Repair & Maint. Supplies Water Distribution
93 Equipment Parts Fleet Operating
90 Dues & Sub-Memberships Fire
90 Dues & Sub-Memberships Fire
90 Tuition Reimbursement/School Police Sworn
90 Operating Supplies New Adaptive
89 Training Supplies Fire
89 Merchandise for Resale Concessions
87 Deposits General Fund
86 Operating Supplies Arts Center
86 Merchandise for Resale Concessions
85 Training Supplies Fire
84 Software/Hardware Maint.Fire
82 Small Tools Street Maintenance
82 Operating Supplies Snow & Ice Control
81 Deposits General Fund
81 Building Materials Street Maintenance
80 Operating Supplies Police Sworn
80 Employee Award Organizational Services
79 Operating Supplies Arts Center
79 Dues & Sub-Memberships Youth Programs Admin
78 Employment Advertising Organizational Services
76 Safety Supplies Youth Programs Admin
76 Conference/Training Utility Operations - General
75 Dues & Sub-Memberships Police Sworn
75 Deposits General Fund
75 Dues & Sub-Memberships Police Sworn
75 Dues & Sub-Memberships Police Sworn
71 Clothing & Uniforms Athletic Programs Admin
69 Operating Supplies Winter Theatre
66 Repair & Maint. Supplies Utility Operations - General
Amount Account Description Business Unit65Office Supplies Police Sworn
65 Operating Supplies Public Safety Communications
65 Operating Supplies Prairie View Liquor Store
64 Repair & Maint. Supplies Facilities Staff
64 Equipment Parts Fleet Operating
63 Operating Supplies Fire
62 Operating Supplies Winter Theatre
60 Operating Supplies Tennis
59 Operating Supplies Arts Center
59 Operating Supplies Outdoor Center
58 Conference/Training Planning
58 Operating Supplies Theatre Initiative
57 Operating Supplies Ice Lessons
56 Clothing & Uniforms Senior Center Admin
56 Clothing & Uniforms Youth Programs Admin
54 Operating Supplies Fire
53 Motor Fuels Fleet Operating
52 Equipment Repair & Maint Public Safety Communications
52 Operating Supplies IT Operating
51 Clothing & Uniforms Ice Operations
50 Conference/Training Tree Disease
50 Special Event Fees Senior Center Programs
50 Tuition Reimbursement/School Police Sworn
50 Conference/Training Human Resources
50 Other Contracted Services Wine Club/Events
49 Special Event Fees Senior Center Programs
49 Conference/Training Utility Operations - General
49 Operating Supplies Police Sworn
48 Training Supplies Police Sworn
48 Repair & Maint. Supplies Park Maintenance
48 Repair & Maint. Supplies Park Maintenance
47 Operating Supplies Fleet Operating
45 Merchandise for Resale Senior Board
45 Tuition Reimbursement/School Police Sworn
43 Operating Supplies Police Sworn
43 Office Supplies Elections
43 Operating Supplies Youth Programs Admin
43 Training Supplies Prairie View Liquor Store
43 Miscellaneous Theatre Initiative
43 Motor Fuels Fleet Operating
42 Operating Supplies Concessions
Amount Account Description Business Unit42Operating Supplies Winter Theatre
42 Special Event Fees Senior Center Programs
41 Video & Photo Supplies Fire
41 Clothing & Uniforms Recreation Admin
41 Operating Supplies New Adaptive
41 Motor Fuels Fleet Operating
40 Tuition Reimbursement/School Police Sworn
40 Conference/Training Utility Operations - General
40 Conference/Training Facilities Staff
40 Operating Supplies Police Sworn
40 Dues & Sub-Memberships Police Sworn
40 Operating Supplies Arts Center
40 Motor Fuels Fleet Operating
40 Operating Supplies Trips
38 Legal Police Sworn
37 Training Supplies Youth Programs Admin
36 Operating Supplies Theatre Initiative
35 Operating Supplies Den Road Liquor Store
35 Tuition Reimbursement/School Police Sworn
35 Tuition Reimbursement/School Police Sworn
35 Tuition Reimbursement/School Police Sworn
35 Advertising Arts Center
35 Operating Supplies Arts Center
35 Merchandise for Resale Senior Board
35 Building Materials Capital Outlay Parks
35 Motor Fuels Fleet Operating
34 Operating Supplies Community Center Admin
33 Operating Supplies Winter Theatre
33 Equipment Parts Street Maintenance
32 Operating Supplies Police Sworn
32 Operating Supplies Street Maintenance
32 Dues & Sub-Memberships Fire
32 Special Event Fees Senior Center Programs
32 Repair & Maint. Supplies Facilities Staff
32 Operating Supplies Police Sworn
31 Bank and Service Charges Winter Theatre
30 Operating Supplies Winter Theatre
30 Training Supplies Prairie View Liquor Store
30 Operating Supplies New Adaptive
30 Operating Supplies IT Operating
30 Repair & Maint. Supplies City Hall (City Cost)
Amount Account Description Business Unit29Other Rentals Summer Theatre
29 Training Supplies Fire
29 Operating Supplies Police Sworn
28 Operating Supplies Arts Center
28 Operating Supplies Police Sworn
28 Operating Supplies Winter Theatre
26 Training Supplies Police Sworn
26 Operating Supplies Fitness Admin.
25 Operating Supplies New Adaptive
25 Tuition Reimbursement/School Police Sworn
25 Conference/Training Aquatics Admin.
25 Employment Advertising Organizational Services
25 Conference/Training Community Center Admin
25 Operating Supplies Senior Center Programs
25 Merchandise for Resale Concessions
24 Operating Supplies New Adaptive
24 Operating Supplies Community Center Admin
23 Computers IT Operating
22 Operating Supplies IT Operating
22 Computers IT Operating
22 Operating Supplies Arts Center
22 Operating Supplies Street Maintenance
22 Operating Supplies Winter Theatre
21 Merchandise for Resale Winter Theatre
21 Travel Expense Utility Operations - General
20 Conference/Training Park Maintenance
20 Conference/Training City Clerk
20 Dues & Sub-Memberships Police Sworn
20 Dues & Sub-Memberships Police Sworn
20 Operating Supplies Day Care
20 Conference/Training Economic Development
20 Conference/Training Planning
20 Operating Supplies IT Operating
20 Operating Supplies Outdoor Center
20 Equipment Repair & Maint Public Safety Communications
19 Operating Supplies Arts Center
19 Equipment Repair & Maint Senior Center Programs
19 Conference/Training Park Maintenance
18 Operating Supplies Police Sworn
18 Operating Supplies Police Sworn
18 Operating Supplies Public Safety Communications
Amount Account Description Business Unit18Operating Supplies Senior Center Admin
17 Other Contracted Services Organizational Services
16 Miscellaneous City Council
16 Miscellaneous City Council
16 Operating Supplies Outdoor Center
15 Conference/Training Outdoor Center
15 Licenses, Taxes, Fees Summer Theatre
15 Licenses, Taxes, Fees Summer Theatre
15 Licenses, Taxes, Fees Theatre Initiative
14 Operating Supplies Winter Theatre
14 Operating Supplies Volunteers
14 Operating Supplies New Adaptive
13 Operating Supplies Outdoor Center
13 Operating Supplies Arts Center
13 Operating Supplies Fitness Classes
12 Operating Supplies Arts Center
12 Operating Supplies Pool Operations
12 Operating Supplies Pool Operations
12 Operating Supplies Arts Center
12 Operating Supplies Outdoor Center
11 Operating Supplies Arts Center
10 Training Supplies Police Sworn
10 Other Contracted Services Wine Club/Events
10 Operating Supplies Arts Center
10 Employee Award Organizational Services
9 Operating Supplies Police Sworn
9 Travel Expense Utility Operations - General
8 Conference/Training Utility Operations - General
6 Operating Supplies Pool Operations
5 Office Supplies Administration
5 Operating Supplies Police Sworn
4 Operating Supplies Outdoor Center
4 Travel Expense Utility Operations - General
3 Operating Supplies New Adaptive
3 Conference/Training Utility Operations - General
2 Conference/Training Facilities Staff
-10 Repair & Maint. Supplies Park Maintenance
-10 Conference/Training Planning
-21 Operating Supplies Outdoor Center
-66 Operating Supplies Ice Operations
-70 Repair & Maint. Supplies Utility Operations - General
Amount Account Description Business Unit-167 Operating Supplies Winter Theatre
-212 Repair & Maint. Supplies Police (City Cost)
105,756 Report Total