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HomeMy WebLinkAboutCity Council - 06/18/2024 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JUNE 18, 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 II. 2025-2034 CAPITAL IMPROVEMENT PLAN III. 2025 BUDGET Open Podium - Council Chamber (6:30) IV. OPEN PODIUM V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 18, 2024 7:00 PM, CITY CENTER Council Chambers 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. TOUR DE TONKA – MOLLY BAHNEMAN, COORDINATOR FOR MINNETONKA PRESCHOOL, EARLY CHILDHOOD AND FAMILY EDUCATION, AND JUNIOR EXPLORERS B. CITY GOVERNMENT ACADEMY GRADUATION C. ACCEPT PARKS AND RECREATION 2024 SPRING DONATIONS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 21, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 2024 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. EDEN PRAIRIE PUBLIC SCHOOLS / UNFI BY EDEN PRAIRIE PUBLIC SCHOOLS SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE AND PLANNED UNIT DEVELOPMENT DISTRICT REVIEW ON 60.91 ACRES, RESOLUTION TO CONDITIONALLY CITY COUNCIL AGENDA June 18, 2024 Page 2 APPROVE DEVELOPMENT AGREEMENT C. ASIA MALL PARKING LOT EXPANSION BY ELLIOTT DESIGN SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 4.69 ACRES, RESOLUTION FOR SITE PLAN APPROVAL ON 4.69 ACRES, APPROVE DEVELOPMENT AGREEMENT D. ENCLAVE AT MANOR ROAD BY BRANDL ANDERSON SECOND READING OF ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRCT REVIEW WITH WAIVERS AND ZONING DISTRICT CHANGE FROM RURAL TO R1-9.5 ON 6.43 ACRES, APPROVE DEVELOPMENT AGREEMENT E. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION F. ADOPT RESOLUTION DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS G. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BARR ENGINEERING CO. FOR THE DEVELOPMENT OF DESIGN STANDARDS FOR BIORETENTION FACILITIES I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR CONSTRUCTION TESTING SERVICES FOR 2024 PAVEMENT REHABILITATION PROJECT J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR CONSTRUCTION ADMINISTRATION SERVICES FOR PRAIRIE CENTER DRIVE AND FRANLO ROAD INTERSECTION IMPROVEMENTS PROJECT K. AWARD 2024 ADA PEDESTRIAN RAMP PROJECT TO Q3 CONTRACTING, INC. L. APPROVE AGREEMENT WITH BOLLIG & SONS, INC., FOR DEMOLITION AND REMOVAL OF HAZARDOUS BUILDING AT 17391 RUSTIC HILLS DRIVE M. APPROVE QUOTE TO UPGRADE MITEL PHONES N. ACCEPT BIDS AND AWARD CONTRACT TO CONSTRUCTION RESULTS CORPORATION FOR FLYING RED HORSE MONUMENT CITY COUNCIL AGENDA June 18, 2024 Page 3 O. APPROVE LEASE EXTENSION FOR RILEY LAKE PARK RENTAL HOUSE P. APPROVE AGREEMENT WITH RES PYRO FOR FOURTH OF JULY FIREWORKS Q. AWARD CONTRACT TO DMJ ASPHALT INC. FOR THE 2024 RILEY LAKE PARK HARDCOURT REHABILITATION PROJECT IX. PUBLIC HEARINGS AND MEETINGS A. NEXUS INNOVATION CENTER by Endeavor Development, LLC. First reading of Ordinance for Zoning District Change from Office to I-2 on 14.35 acres. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS 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: Proclamations and Presentations DATE: June 18, 2024 DEPARTMENT/DIVISION: Amy Markle, Director, Parks and Recreation ITEM DESCRIPTION: 2024 Spring Quarter donations to the Parks and Recreation Department ITEM NO.: IV.C. Requested Action Move to: Adopt a Resolution accepting the following donations: • $250 from Summit Place Senior Campus for Senior Center programs and special events • $7,500 from T-Mobile for the 3rd and 4th of July Hometown Celebration • $100 from Prairie Bluffs Senior Living for the July 2nd Salute to Service Concert • $50 from Health Source of Eden Prairie for Senior Center May bingo • $100 from Mary Sue Ingman for the Eden Prairie Community Band • $1,000 from J.A. Price Agency for the 3rd and 4th of July Hometown Celebration • $250 from Sholom for Senior Center programs and special events Synopsis The Eden Prairie Senior Center serves area seniors with drop-in programs, lifelong learning classes, fitness opportunities, social events, and trips. Participation continues to grow significantly, and the community’s use of this resource is expected to increase in the coming years with the number of aging adults increasing in this community. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. The Eden Prairie Park and Recreation Department coordinates the annual multi-day Hometown Celebration that includes: July 3rd Sparklefest. A free kid-friendly evening event held at Round Lake Park with inflatables, games, hands-on projects, dance party and a drone display. Military Salute. A free outdoor concert with the Eden Prairie Community Band and Jazz on the Prairie Big Band playing favorite classics as well as patriotic selections. Local veterans and active military are saluted for their service during this musical celebration at Staring Lake Amphitheater. July 4th. The Hometown Celebration culminates in the signature event featuring live music, food trucks, community plaza and the best fireworks display around! The Eden Prairie Community Band is a 75-member group that performs year-round in Eden Prairie. Their performance schedule includes the Starring at Staring Concert Series, holiday concerts and other special events. They provide an opportunity for any resident with musical talent to play on a stage. The mission of the Eden Prairie Community Band is to promote local musicians while giving the Eden Prairie community fantastic musical events to enjoy. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024- __ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $250 for Senior Center programs and special events from Summit Place Senior Campus is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $7,500 for the 3rd and 4th of July Hometown Celebration from T-Mobile is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $100 for the July 2nd Salute to Service Concert from Prairie Bluffs Senior Living is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $50 for Senior Center May bingo from Health Source of Eden Prairie is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $100 for the Eden Prairie Community Band from Mary Sue Ingman is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $1,000 for the 3rd and 4th of July Hometown Celebration from J.A. Price Agency is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City in the amount of $250 for Senior Center programs and special events from Sholom is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2024. ___________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk UNAPPROVED WORKSHOP MINUTES 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 Case asked the Council to provide feedback on the City Center and Police Department remodel proposal. Getschow stated two options will be discussed tonight: remodeling only the police department, or remodeling the police department and additionally bringing the lower level amenities and offices to the upper level. The construction schedule and debt levy impacts will be discussed. BKV Group was hired as the construction management firm. Sackett introduced Michael Healy and Paul Michell, BKV Group Project Architects, and Jason Rentmeester, Kraus Anderson Construction Manager. Healy explained BKV Group completed a 20 year needs assessment. There are 91 Police staff currently, expected to increase to 113 in 20 years. 72,700 square feet are needed for the Police department. Healy outlined project goals including meeting 20-year Police operational needs with room for growth, providing indoor parking for Police vehicles, improving wayfinding and identity of the Police department, improving the working environment for recruitment and staff wellness, improving workspaces and operational flow, securing outdoor parking for Police staff, and relocating all City department offices and meeting spaces to one level. In one option lower level city center functions including IT, facilities, and the heritage meeting rooms would be brought to the upper level. The portion of the building previously leased by UNFI would be repurposed as the Police station. Healy displayed a conceptual site plan of the outdoor police parking lot, including 90 stalls secured by gated access points. There would be an entry into the squad garage, an entry for evidence vehicles, and an entry into a temporary holding area. There is potential to add additional equipment storage space to the north where the playground is currently located. Toomey asked if the playground is used. Rick Clark, Facilities Manager, confirmed the City Council Workshop Minutes May 21, 2024 Page 2 playground has not been used since the education center ended its lease. Freiberg asked if the outdoor secure parking provides space for private cars. Sackett confirmed the lot is for police staff private cars and any accessory vehicles, and any overflow vehicles if the indoor garage is full. Toomey asked where the mobile command center will be located. Sackett confirmed the mobile command center will likely be located at a fire station. Healy displayed a site plan of the lower level where UNFI and the education center were previously located. The space would be converted into a 54 stall garage. Most of the existing finishes, flooring, and HVAC would be removed. A temporary detention area with an after hour release lobby and interview space would be constructed. There would be an evidence space for processing vehicles, and long term evidence storage. A new staircase and elevator would be constructed. There will be a small vehicle washing area inside the garage for washing and maintenance, in addition to a K9 room with kennels and a bath area. Storage rooms off the garage include armory, weapon cleaning, evidence processing, and equipment storage spaces. There will be temporary detention center, an interview space, and a release lobby. There are storage spaces for officer duty bags, body cams, and additional field equipment items. Toomey asked how many squad cars the Eden Prairie Police Department (EPPD) has. Sackett answered the EPPD has 50 vehicles at full fleet, including investigative and specialty vehicles. Toomey asked if the garage should be larger than the currently planned for 54 spaces. Sackett answered the EPPD does not want to add too many spaces as it hinders flow of traffic and vehicles are more easily damaged. Additionally, it is rare the entire fleet will be inside at once. There is only a finite amount of space available. Overflow parking spaces would be located outside. The EPPD toured multiple police garages in preparation for the remodel. Almost every garage is under ideal capacity due to cost restraints. Toomey asked if there is space to add on in the future. Getschow stated additional space could be built to the south. Narayanan asked if there will be Electric Vehicle charging stations in the garage. Sackett confirmed the garage will be constructed with prewired conduit. Healy displayed a site plan of the upper level where UNFI was previously located. The existing mechanical, electrical, and plumbing spaces will be reused as much as possible to control costs. All office, support functions, and meeting rooms for the City would be relocated to the upper level. Two additional large meeting room would be constructed at the north side of the building. Nelson asked if the public meeting rooms will be equipped with enough technology so the EPPD could use if needed. Sackett explained technology needs now and into the future are mostly wireless and could be set up if needed. Healy stated a shared fitness space would be constructed in the upper level. The new fitness room will have two private changing/shower rooms. Narayanan asked how many offices IT has. Healy confirmed IT would have three offices. Narayanan noted the trend in the IT industry is to not have an assigned office. IT employees value flexibility to work from home, and reserving a workspace for days they anticipate being in the office. Case asked where the Garden Room would be relocated to. Healy confirmed the City Council Workshop Minutes May 21, 2024 Page 3 Garden Room would remain where it is. Getschow added the Garden Room would be leasable space to be used at the City’s discretion. Nelson asked if the Garden Room elevator would be relocated. Sackett confirmed the elevator would stay as is. A new elevator would be installed within the Police department. Healy explained there would be a new Police public entrance on the upper level. The police lobby would have natural light and would be connected to the main lobby via a new corridor. There would be a kitchen space and a single user restroom. Interview rooms and a designated children’s space would be adjacent to the police lobby. There would be a conference room for media events. The Police area would be housed within a secure perimeter. The upper level Police station would include investigative offices, administrative offices, a locker room, forensic labs, a dispatch area, evidence storage areas, and an interview suite. The patrol section will have a collaborative bullpen area. The break room has potential to open to an outdoor deck. The goal is to make a warm, inviting, and collaborative space. Narayanan asked if the entrances to the police department are well protected. Sackett confirmed the border walls comprising the secure perimeter will be reinforced for ballistics. BKV and Kraus Anderson have installed these safety features in many past public safety projects. Narayanan asked if a command center is needed as a headquarters for large scale events. Sackett explained there is a large Emergency Operations Center in Fire Station 1. Additionally, the patrol conference room could also be used as it will be outfitted with the necessary technology. Healy explained the cost of the police department and bringing all city hall departments to the upper level is $26 million. This is comprised of $21.45 million of construction costs, and $4.55 million of soft costs such as architectural engineering fees, special inspections, surveying, furniture, and equipment. The cost of the police department only, without bringing all city hall departments to the upper level, is $21 million. This is comprised of $17.1 million of construction costs, and $3.9 million of soft costs. Both options include structural reinforcement and engineering to bring the building up to current building codes. There have been reductions to the scope of the work in both options to maximize savings, including reducing in-floor heat in the police garage. Case asked if the City has the option to heat the entire floor. Getschow stated it could be added as an alternate option to be decided if bids are favorable. Nelson stated she does not see a reason to cut back on heating the entire floor as there is never going to be a cheaper time than now. Healy displayed comparative costs for public safety buildings renovations by BKV Group. The projected cost of the City’s renovation is comparable to nearby public safety buildings. New construction is twice as expensive per square foot. Getschow stated owning the entire building is an asset for the City. It is entirely paid for, and it provided a reliable stream of lease revenue for years. Surrounding cities are constructing new police and fire stations for a cost of $50 million or more. Building a new garage would be over $300 per square foot, compared to $210 per square City Council Workshop Minutes May 21, 2024 Page 4 foot to renovate existing space. Converting the existing building space to a garage is by far the most cost effective option. Getschow explained next steps. Design development and construction documents would be completed in the fall. Bids would be accepted November and December. The Council would vote in December 2024 or January 2025 to accept a bid. Narayanan asked how the project would be funded. Getschow confirmed it would be funded by debt. A year ago, the projected debt needed to fund the police remodel and necessary fire trucks was $21 million. The debt levy would have increased from $2.1 million to $3.3 million. The fire trucks will be funded by public safety aid funding and existing Capital Improvement Plan (CIP) funding, the City will no longer need to issue debt. The total annual debt levy, including the police department and city center remodel, would be $3.47 million. There is a one-year increase to the debt levy of $2.3 million in 2026, it would remain the same each year following. When the police station/city center remodel was first added to the CIP, the City’s debt levy was $33 million. It is now down to $13 million, one of the lowest debt levies for comparable surrounding cities. Some neighboring cities pay annual debt levies that approach $10 million. Case noted the City has been able to keep its levy low relative to surrounding cities. With a higher than normal levy increase council must communicate the reasoning and need for the remodel. Toomey asked if any state or federal money is available for the police department remodel. Narayanan asked if there are grants the City can apply for. Getschow answered there is no state or federal funding or grants available for the police department remodel, however the City is receiving public safety aid to pay for fire trucks and the mobile command center. Instead of issuing debt for the fire trucks and mobile command center, the debt can instead fund the remodel. Case asked the Council for their consensus on the remodel proposal. Nelson and Toomey noted they are in favor of remodeling the police station and bringing all city offices and meeting spaces to the upper floor. Narayan noted he is in favor of remodeling the police station but is undecided on bringing the city offices to the upper floor. Freiberg stated he would like to see a third option. Getschow noted there have been multiple options over the years the City has moved on from, those options can be revisited again. Case noted he and the majority of the Council is in favor of remodeling the police station and bringing the meeting rooms and remaining city offices to the upper level. However, Case asked Getschow to return to a future workshop to follow up on Council members outstanding questions and requests. The Council thanked Healy, Michell, and Rentmeester for their time. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 21, 2024 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS Getschow explained the goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. Human Rights and Diversity Commissioner Susan Weaver explained the City supports diversity and promotes acceptance and respect of others. She presented the business category award to Jill Slipper Scholtz. Ms. Slipper Scholtz 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. Commissioner Asad Aliweyd presented the Human Rights Award for the individual category to Hodan Nur. Ms. Hodan has consistently demonstrated strong leadership in supporting East African families and youth through her work in schools and at the Irshad Islamic Center. Commissioner Shana Bates presented the Human Rights Award for the non-profit category to The PROP Shop. The PROP Shop has mobilized the Eden Prairie CITY COUNCIL MINUTES May 21, 2024 Page 2 community to care for its neighbors, serving its increasingly diverse and multicultural community for many years. The organization meets the needs of clients who are experiencing various forms of hardship, providing clothing, household goods, and furniture all free of charge. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 7, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 7, 2024 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, May 7, 2024, and the City Council meeting held Tuesday, May 7, 2024, as published. Motion carried 5-0. 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 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 MOTION: Nelson moved, seconded by Narayanan to approve Items A-F on the CITY COUNCIL MINUTES May 21, 2024 Page 3 Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:16 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 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 Amendment to Liquor License – 2AM Closing Permit - Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 8251 Flying Cloud Drive, #4000 CITY COUNCIL AGENDA SECTION: Consent DATE: June 18, 2024 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Jeremy Barnhart ITEM DESCRIPTION: Eden Prairie Pubic Schools/ UNFI ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for a Zoning District Change from Office and Rural to Public and Parks & Open Space and Planned Unit Development District Review with waivers on 60.91 acres. • Adopt Resolution Conditionally approving the Development Agreement for Eden Prairie Schools Synopsis Eden Prairie Public Schools intends to purchase 60.91 acres from UNFI for educational programming. The change in use of the property requires a Comprehensive Plan Amendment and a Zoning District Change. The Comprehensive Plan Amendment, changing the land use guidance to Public/ Semi Public and Parks/ Open Space was approved by the Metropolitan Council on May 8th. The attached ordinance changes the zoning districts to Public and Park/Open Space from Office and Rural. The PUD District reflects the new underlying zoning districts and the change in ownership. As part of this application, approximately one-half of the property will be subject to a conservation easement. The Conditional Approval of the Development Agreement is necessary as the school district does not yet own the property but will prior to recording of the Development Agreement. The Development Agreement includes a copy of the Conservation Easement. Staff and the School District are fine tuning the language, to be resolved prior to recording. Attachments 1. Ordinance 2. Resolution for Conditional Approval of the Development Agreement 3. Development Agreement EDEN PRAIRIE PUBLIC SCHOOLS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “Land”) is legally described in Exhibit A attached hereto and made a part hereof, and consists of the “Building Parcel” and the “Open Space Parcel” as identified on Exhibit A. Section 2. That the Land is currently designated as a planned unit development within the Office Zoning District, PUD-13-2008-OFC (the “Existing PUD”). The Open Space Parcel is included in the Existing PUD despite being within the underlying Rural Zoning District. Section 3. That action was duly initiated proposing that the underlying zoning districts for the Land be amended such that the Building Parcel be removed from the Office Zoning District and be placed in the Public Zoning District but remain subject to the terms and conditions of the Existing PUD, and the Open Space Parcel be removed from the Rural Zoning District and placed in the Parks and Open Space Zoning District, without the Existing PUD designation or any past or future PUD designation. Section 4. That, the Open Space Parcel as noted in Exhibit A shall be, and hereby is removed from the Rural Zoning District and placed in the Parks & Open Space Zoning District, and the legal descriptions of land in each district shall be and are amended accordingly. The Existing PUD is amended to remove the Open Space Parcel from the land subject to the Existing PUD. Section 5. That, as to the Building Parcel, action was duly initiated proposing that the designation of the Building Parcel be amended within the Public Zoning District as -2024-PUD-_-2024 (hereinafter “PUD-_-2024”). Section 6. The City Council hereby makes the following findings: A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2024 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2024 are justified by the design of the development described therein. D. PUD-_-2024 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 7. That the Building Parcel shall be, and hereby is removed from the Office Zoning District and placed in the Public Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district shall be and are amended accordingly. Section 8. That the Building Parcel shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Independent School District No. 272 and the City of Eden Prairie (hereinafter “Development Agreement”), which incorporates the terms and conditions of the Existing PUD. The Development Agreement contains the terms and conditions of PUD-_-2024, and is hereby made a part hereof. Section 9. That Ordinance No. 26-2008-PUD-13-2008, which established the Existing PUD, is hereby amended as described in this Ordinance, only as related to the Building Parcel and the Open Space Parcel. The Existing PUD remains in full force and effect as related to the remainder of the property included in the Existing PUD. Section 10. That City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 11. That this Ordinance shall become effective from and after its passage and publication and acquisition of fee title to the Land by Independent School District No. 272. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the April 16, 2024, and finally read and adopted and ordered published in summary form as attached hereto at Exhibit B at a regular meeting of the City Council of said City on the ____ day of ________, 2024. ATTEST: __________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024. EXHIBIT A To be zoned Public: That part of Government Lots 2, 3, and 4 and that part of the Northwest Quarter of the Southeast Quarter, all in Section 11, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the East – West Quarter line of said Section 11, a distance of 1318.15 feet to the point of beginning; thence North 00 degrees 00 minutes 00 seconds East, 689.08 feet; thence North 30 degrees 14 minutes 11 seconds West, 892.44 feet; thence South 56 degrees 27 minutes 24 seconds West, 354.81 feet; thence South 29 degrees 35 minutes 31 seconds East, 389.89 feet; thence South 17 degrees 40 minutes 11 seconds West, 234.13 feet; thence South 49 degrees 59 minutes 09 seconds West, 156.90 feet; thence South 58 degrees 42 minutes 02 seconds West, 238.37 feet; thence South 44 degrees 40 minutes 24 seconds West, 259.19 feet; thence South 36 degrees 18 minutes 11 seconds West, 417.59 feet to the southwest corner of said Government Lot 3; thence South 00 degrees 05 minutes 41 seconds East, along the west line of said Northwest Quarter of the Southeast Quarter, 381.08 feet to the centerline of County Road 60; thence easterly along said centerline to the intersection with a line that bears South 00 degrees 00 minutes 00 seconds East from the point of beginning; thence North 00 degrees 00 minutes 00 seconds East, 355.24 feet to the point of beginning. To be zoned Parks- Open Space Par 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant’s Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Par 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60. Par 3: That part of Government Lot 4 and accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.70 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating, according to the Government Survey thereof. The West boundary line of the above described part of the Northwest Quarter of the Southeast Quarter has been marked by a Judicial Landmarks set pursuant to Torrens Case No. 16745. AND That part of Government Lot 2 in Section 11, Township 116, Range 22, lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's Long Lake and there terminating. The East boundary line of the above described land, except the shore line of Bryant's Long Lake, has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Except: That part of Government Lots 2, 3, and 4 and that part of the Northwest Quarter of the Southeast Quarter, all in Section 11, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the East – West Quarter line of said Section 11, a distance of 1318.15 feet to the point of beginning; thence North 00 degrees 00 minutes 00 seconds East, 689.08 feet; thence North 30 degrees 14 minutes 11 seconds West, 892.44 feet; thence South 56 degrees 27 minutes 24 seconds West, 354.81 feet; thence South 29 degrees 35 minutes 31 seconds East, 389.89 feet; thence South 17 degrees 40 minutes 11 seconds West, 234.13 feet; thence South 49 degrees 59 minutes 09 seconds West, 156.90 feet; thence South 58 degrees 42 minutes 02 seconds West, 238.37 feet; thence South 44 degrees 40 minutes 24 seconds West, 259.19 feet; thence South 36 degrees 18 minutes 11 seconds West, 417.59 feet to the southwest corner of said Government Lot 3; thence South 00 degrees 05 minutes 41 seconds East, along the west line of said Northwest Quarter of the Southeast Quarter, 381.08 feet to the centerline of County Road 60; thence easterly along said centerline to the intersection with a line that bears South 00 degrees 00 minutes 00 seconds East from the point of beginning; thence North 00 degrees 00 minutes 00 seconds East, 355.24 feet to the point of beginning. EXHIBIT B EDEN PRAIRIE PUBLIC SCHOOLS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2024-PUD-_-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 11840 Valley View Road from the Rural and Office Zoning District to the Public and Parks & Open Space Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: That this Ordinance shall become effective from and after its passage and publication and acquisition of fee title to the Land by Independent School District No. 272. ATTEST: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR EDEN PRAIRIE SCHOOL DISTRICT – TASSEL CAMPUS WHEREAS, the Developer has requested to sign and execute the Development Agreement for Eden Prairie School District – Tassel Campus (the “Project”) at the closing of Developer’s purchase of the property located at 11840 Valley View Road; and, WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and, WHEREAS, the approval of this Agreement and second reading of Ordinance No. ____ are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Independent School District No. 272 has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to September 1, 2024, the above Ordinance and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and, WHEREAS, the City Council reviewed the project at a public hearing at its April 16, 2024, meeting. WHEREAS, the City Council reviewed the Development Agreement for the project at its June 18, 2024, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Independent School District No. 272 and the City of Eden Prairie is conditionally approved by the City Council on June 18, 2024, and is conditioned upon the Developer providing the City Manager documentation that Independent School District No. 272 has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to September 1, 2024, the above Ordinance and approvals are null and void and of no further effect. The City Council may, but is not required to, take such further action to confirm that the Ordinance is null and void and of no further effect. ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2024. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk DEVEL OPMENT AGREEMENT Eden Prairie School District - Tassel Campus THrs DEVELOPMENT AGREEMENT ("Agreement") is entered into as of 2024, by Independent School District No. 272, Eden Prairie, Minnesota, a public school corporation organized under the laws of Minnesota (the "Developer") its successors and assigns, and the CITY oF EDEN PRAIRTE, a municipal corporation (the "city") \ryITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Office and parks & Open Space to Public/Semi-Public and Parks & Open Space on 60.91 acres, Zoning District Change from Rural and Office to Parks and Open Space and Public ZoningDistrict on 60.91 acres, and Amendment of an existing Development Agreernent, (the "Applications"), for real property legally described on the attached Exhibit A (the "Property'); and WHEREAS, on June 28,1978, Developer's predecessor-in-interest and City entered into a Planned Unit Development and Development Agreement reflecting the terms and conditions of the City's approval of planned unit development for the Property and another adjacent property, totaling 80 acres, and a zoning district change and site plan for approximately 35 acres contained within the Property ("Original Development Agreement"); and WHEREAS, pursuant to the Original Development Agreernent, an office building with adjoining parking facilities was constructed on that approximate 35-acre portion of the Property (the "Office Parcel"); and I Eden Prairie School Distrìct - Tassel Campus Development Agreement dated June 18, 2024 I ) -t \ilHEREAS, in 2008, the Developer's predecessor-in-interest and City entered into a Development Agreement dated Decernber 16, 2008 and filed with the Hennepin County Registrar of Titles' Office as Document No. 4601929, approving a Planned Unit Development District change and site plan for the Office Parcel to facilitate the expansion of the existing building, among other improvements ("2008 Development Agreement"); and WHEREAS, Developer has recently acquired the Property and Developer and the City desire to clariôr and restate the approvals provided in the Original Development Agreement and the 2008 Development Agreement, while documenting the change in the Property's zoning from Office to Parks and Open Space and Public. NO\il, THEREFORE, in consideration of the City adopting Resolution No for Guide Plan Change and Ordinance No.for Zoning District Change from Rural and Office to Parks and Open Space and Public on 60.91 acres, Developer agrees to construct, develop and maintain the Property as follows: REAFFIRMING CONDITIONS oF DEVELOPMENT AGREEMENT: Developer agrees to all applicable terms, conditions and obligations of "Developer" under the Original Development Agreement and the 2008 Development Agreement as they relate to the Property, except to the extent such terms, conditions and obligations are inconsistent with, or amended by, this Agreement. FUTURE DEVELOPMENT: Developer agrees that this Agreernent does not authorize any additional development of the Property. Any development beyond what is currently constructed on the Property must be reviewed and approved by the City in accordance with the requirements of City Code. CONSERVATION EASEMENT: Prior to the City's recording of this Agreement, Developer shall convey to the City an easement over that portion of the Property legally described on the attached Exhibit B for conservation purposes, in a form approved by the City Engineer (the "Conservation Easement"). The City will record the Conservation Easement with the Hennepin County Registrar of Titles' Office immediately after the recording of this Agreement. CROSS ACCESS EASEMENT, UTILITY AND MAINTENANCE AGREEMENT: Prior to the City's recording of this Agreement, Developer must provide a Cross Access Easement, Utility and Maintenance Agreement over the private driveways and infrastructure located within the Property that provides cross access and utility access to parcel identified as Hennepin County PID 1l-116-22-21-0001, adjacent to the Property (the "Cross Access Agreernent"). The form of the Cross Access Agreement must be approved in writing by the City Engineer. The Cross Access Agreement must address joint vehicle access and maintenance over the private streets, storm sewers, sanitary sewer, watermain and stormwater management facilities. All of these facilities are and will 4 Eden Prqirie School District - Tassel Campus Development Agreement dated June 18, 2024 2 5 continue to be privately owned and maintained by the Developer. After approval by the City, the Cross Access Easement must be filed with the Hennepin County Registrar of Titles' Office at the time of recording this Agreement. CHLORIDE REDUCTION: Developer agrees to responsibly manage salt usage onsite by complying with the following: a. The property manager and winter maintenance contractors must provide documentation annually of current certification through MPCA's Smart Salting program (Property Management certification and Parking Lots and Sidewalks certification respectively) and annual refresher courses. This information must be provided to City Water Resources staff.b. Prior to October 3l each year, the Developer must provide City W'ater Resources staff with the name, phone number, and email address of the on-site property manager and the winter maintenance contractor(s). c. Prior to the 5th day of each month November through May, the Developer must provide City Water Resources staff with a summary of the plowing events and salting events during the previous month. The summary must include but is not limited to: the number of plowing events, the number of salting events, and the amount of salt applied during each salting event.d' The Developer must conduct street sweeping of the parking lot and drive aisles within 72 hours of such a request from the City Engineer. Eden Prairie School District - Tassel Campus Development Agreement dated June 18, 2024 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as ofthe day and year aforesaid. CITY OF EDEN PRAIRIE By Ronald A. Case Its Mayor Rick Getschow Its City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _ day of 2024,by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public ss ) ) ) Eden Prairie School District - Tassel Campus Development Agreement dated June 18, 2024 4 INDEPEND SCHOOL NO.272 By Its Board Chair By Its Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 10th day of June, 2024, by Aaron Casper, the Board Chair, of Independent School District No. 272, a public school corporation organized under the laws of Minnesota, on behalf of the school district. l- Notary STATE OF MINNESOTA BREiIOAJ,HAYNES ty NOÎARY PUBLIC MlfìlN€9OTA CoñnìÉ¡¡OñEtd[l 01 " The foregoing instrument was acknowledged before me this 10th day of June, 2024, by Abby Libsack, the Clerk, of Independent School District No.272, a public school corporation organized under the laws of Minnesota, on behalf of the school district. Notary THIS INSTRIJMENTWAS DRAFTED BY: CITy oT EDEN PRAIRIE 8O8OMncUELLRoAD EDEN PRAIRIn, MN 55344 ss. ) ) ) ) )SS. COUNTY OF HENNEPIN My Cqññla3¡iimErfiral 0l/3I /, BRENDAJ, HAY}tES NOTARY PUBLIC MINNESOTA Eden Prairie School District - Tassel Campus Development Agreement dated June 18, 2024 5 EXHIBIT A Eden Prairie School District - Tassel Campus Development Agreement Legal Description That part of Government Lot 2 in Section 11, Township 116, Range 22,lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Govemment Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to lJrght 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant's Long Lake and there terminating. The East boundary line of the above described land, except the shore line of Bryant's Long Lake, has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Subject to a limitation of the right of the right of access to U.S. Highway Number 494, as contained in Book 2604 of Deeds, page 203, Doc No. 3677302. Subject to a 45 foot wide easement for sanitary sewer purposes in favor of Southwest Sanitary Sewer District Board over a portion of the above described Government Lot 2 as contained in Book 69 of Hennepin County Records, page3779764. Torrens Property Torrens Certifi cate No. 12237 66 AND Par 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest comer of said Govemment Lot 3; thence East along the Southline of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section I 1; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant's Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above described Govemment Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the V/est boundary line of the above described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. 6 Eden Prairie School District - Tassel Campus Development Agreement dated June l,8, 2024 Par 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22lyingNortherly of the center line of County Road No. 60. Par 3: That part of Government Lot 4 and accretions thereto, Section 11, Township I16, Range 22lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner ofthe above described part of Government Lot 4;thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.70 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees l0 minutes 56 seconds West, a distance of 301 .17 feetto the center line of said County Road No. 60, and said line there terminating, according to the Government Survey thereof. The West boundary line of the above described part of the Northwest Quarter of the Southeast Quarter has been marked by a Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to the rights of the State of Minnesota in its sovereign capacity in the lands herein which lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant's Long Lake; (As to pars 1, 2 and3). Torrens Property - Torrens Certificate No. 638943 7 Eden Prairie School District - Tassel Campus Development Agreement dated June i,8, 2024 CITY COUNCIL AGENDA SECTION: Consent DATE: June 18, 2024 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima /Jeremy Barnhart ITEM DESCRIPTION: Asia Mall ITEM NO.: VIII.C. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for a Planned Unit Development District Review with waivers on 4.69 acres; and • Adopt a Resolution approving the Site Plan on 4.69 acres; and • Approve the Development Agreement for Asia Mall. Synopsis This is the final reading for Asia Mall and their parking lot expansion project. Asia Mall is adding 122 spaces to the parking lot. With approval, 424 parking spaces will be on site. This project includes the placement of the stormwater management system underground, and a turn lane from Technology Drive into the site. Approval of waivers for parking lot islands (size and number), impervious surface, setback, (front and side), and the number of parking stalls are included as part of the final approval. Attachments 1. Ordinance for Planned Unit Development District Review with waivers 2. Resolution for Site Plan 3. Development Agreement ASIA MALL PARKING LOT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-REG-SER Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2024 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2024 are justified by the design of the development described therein. D. PUD-_-2024 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-REG-SER Zoning District as Planned Unit Development PUD- _-2024 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2024 entered into between Asian Plaza Property, LLC, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. The City Council determines that publication of the title and a summary of this ordinance clearly informs the public of the intent and effect of the ordinance, and directs that only the title of the ordinance and a summary attached as Exhibit B hereto be published, with notice that a printed copy of the ordinance is available for inspection by any person during regular business hours at the office of the city clerk. Section 8. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th Day of May, 2024, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of ___, 2024. ATTEST: __________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on _____, 2024. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property EXHIBIT B ASIA MALL PARKING LOT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2023-PUD-__-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the _ Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR ASIA MALL PARKING LOT EXPANSION BY ASIAN PLAZA PROPERTY, LLC WHEREAS, Asian Plaza Property, LLC, has applied for Site Plan approval of Asia Mall to construct an expansion of the parking lot; WHEREAS, zoning approval for the parking lot expansion was granted by an Ordinance approved by the City Council on June 18, 2024; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 8, 2024 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 7, 2024 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to Asian Plaza Property, LLC, subject to the Development Agreement between Asian Plaza Property, LLC and the City of Eden Prairie, reviewed and approved by the City Council on June 18, 2024. ADOPTED by the City Council of the City of Eden Prairie this 18th day of June, 2024. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description: Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property CITY COUNCIL AGENDA SECTION: Consent DATE: 06/18/2024 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Ben Schneider ITEM DESCRIPTION: Enclave at Manor Road ITEM NO.: VIII.D. Requested Action Move to: • Approve the 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 6.43 acres; and • Approve the Development Agreement Synopsis This is the 2nd Reading for the Enclave at Manor Road project, which proposes to subdivide one lot into 17 single-family lots and one (1) outlot. The subject parcel, surrounded by existing single- family homes, is designated as an infill site in the Comprehensive Plan. The project includes a road and sidewalk connection between South Manor Road and West 168th Avenue. 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 (3) waivers related to front yard setback and minimum lot width. The proposed outlot includes a stormwater basin that would be owned and maintained by the City. Background The public hearing and first reading for this project was held at the May 7, 2024. The 120-day review period expires on June 20, 2024. Between the 1st Reading and this 2nd Reading, the applicant received approval for this project from the Riley Purgatory Bluff Creek Watershed District. The plans were modified slightly to address comments made by the District related to tree preservation. The overall lot configuration remains unchanged from the 1st Reading, but the drainage and utility easement boundaries are larger for Lots 1-7, Block 1. Attachments 1. Ordinance for Planned Unit Development District Review with waivers and Zoning District Change 2. Development Agreement ENCLAVE AT MANOR ROAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”). Section 4. The City Council hereby makes the following findings: A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2024 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2024 are justified by the design of the development described therein. D. PUD-_-2024 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the R1-9.5 Zoning District, as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district referred to in City Code Section 11.03 shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated entered into between ___________, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. The City Council determines that publication of the title and a summary of this ordinance clearly informs the public of the intent and effect of the ordinance, and directs that only the title of the ordinance and a summary attached as Exhibit B hereto be published, with notice that a printed copy of the ordinance is available for inspection by any person during regular business hours at the office of the city clerk. Section 9. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the May 7, 2024, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2024. ATTEST: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024. EXHIBIT A Legal Description Prior to Final Plat The South 420.0 feet of the West ½ of the Southwest Quarter of the Northeast Quarter of Section 5, Township 116, Range 22 except the West 30.0 feet thereof, Hennepin County, Minnesota Legal Description After the Final Plat Lots 1-17 and Outlot A, Enclave at Manor Road, Hennepin County, Minnesota EXHIBIT B CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2024-PUD-_-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 6591 168th Ave W from the Rural Zoning District to the R1-9.5 Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Rick Getschow, City Manager ITEM DESCRIPTION: Resolution approving participation in the Performance Measurement Program established by the Council on Local Results and Innovation ITEM NO.: VIII.E. Requested Action Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing, posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments Resolution Performance Measurement Report Submittal List of Standard Measures for Cities CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program’s requirements. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s/county’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 18th day of June, 2024. _________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk Performance Measurement Program Report City of Eden Prairie 6/18/2024 General Measure Result Notes Rating of the overall quality of Eden Prairie services Excellent- 42% Good- 43% Fair- 10% Poor- 1% Don’t Know- 4% 2023 Quality of Life Survey- 1123 Reponses Citizens’ rating of the overall appearance of the city Excellent- 52% Good- 40% Fair- 7% Poor- 1% Don’t Know- 0% 2023 Quality of Life Survey- 1153 Responses Bond Rating Aaa AAA Moody’s Investors Service Standard & Poor’s Rating Services Citizens’ rating of the quality of city recreational programs and facilities Recreation services (programs and classes) Excellent- 41% Good- 34% Fair- 10% Poor- 3% Don’t Know- 13% Recreation centers or facilities Excellent- 43% Good- 35% Fair- 11% Poor- 2% Don’t Know- 10% 2023 Quality of Life Survey- Recreation services 1127 responses 2023 Quality of Life Survey- Recreation centers or facilities 1138 responses Police Services Measure Result Notes Citizens’ rating of safety in community (Overall feeling of safety in Eden Prairie) Excellent- 49% Good- 43% Fair- 7% Poor- 1% Don’t Know- 0% 2023 Quality of Life Survey- 1156 responses Part I and II Crime Rates 3,045 Crime rate per 100,000 population for Part I and Part II Crimes Fire & EMS Services Measure Result Notes Citizens’ rating of the quality of fire protection services Excellent- 51% Good- 25% Fair- 3% Poor- 0% Don’t Know- 21% 2023 Quality of Life Survey- 1137 responses Streets Measure Result Notes Citizens’ rating of the quality of city streets as a whole Excellent- 29% Good- 54% Fair- 14% Poor- 2% Don’t Know- 0% 2023 Quality of Life Survey- 1132 responses Citizens’ rating of the quality of snow removal on city streets Excellent- 48% Good- 37% Fair- 11% Poor- 3% Don’t Know- 1% 2023 Quality of Life Survey- 1140 responses Average City Street Pavement Condition Rating 84 Water Measure Result Notes Citizens’ rating of the quality of the city’s drinking water Excellent- 41% Good- 37% Fair- 15% Poor- 3% Don’t Know- 4% 2023 Quality of Life Survey- 1128 responses Sanitary Sewer Measure Result Notes Citizens’ rating of the quality of water and sewer services Excellent- 37% Good- 45% Fair- 8% Poor- 1% Don’t Know- 10% 2023 Quality of Life Survey- 1128 responses Standard Measures for Cities CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Resolution for reimbursement of prior expenditures ITEM NO.: VIII.F. Requested Action Move to: Adopt Resolution declaring the City’s official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds for the remodel of the existing vacant space on the west side of the building of approximately 73,000 S.F. for the police station and 23,000 S.F. for city office/meeting space. Attachment Resolution -1- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project: Police/City Hall Remodel Maximum Amount of Bonds Expected to be issued for Project: $26,500,000 (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the -2- foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council on June 18, 2024. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 18, 2024 DEPARTMENT/DIVISION: Scott Gerber, Fire Chief ITEM DESCRIPTION: Adopt Hennepin County All-Hazard Mitigation Plan ITEM NO.: VIII.G. Requested Action Move to: Adopt Resolution approving Hennepin County All-Hazard Mitigation Plan. Synopsis Hennepin County’s All-Hazard Mitigation Plan has been updated in 2024. The initial plan was development and approved in 2011, an update approved in 2018 and this most recent update in 2024. The plan has been approved by FEMA pending the approval by the local jurisdictions within Hennepin County of the Hennepin County Plan. As the City’s Emergency Management Director, I have reviewed the plan and find it acceptable. Background Information The Hennepin County Multi-Jurisdictional All-Hazards Mitigation Plan was reviewed by FEMA based on the local criteria contained in 44 CFR Part 201, as authorized by the Disaster Mitigation Act of 2000, and has met all the criteria for a multi-jurisdictional hazard mitigation plan. Meeting these criteria has given us an “approved pending adoption” status. In order for Hennepin County to receive formal approval of the plan, there needs to be adoption by both Hennepin County and the participating jurisdictions. Hennepin County Emergency Management has received approval from the County Board. The Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions (Eden Prairie) eligible to receive FEMA hazard mitigation assistance grants. The Hennepin County All- Hazard Mitigation Plan can be requested from the Hennepin County Emergency Management office. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024- A RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of Eden Prairie has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi-jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Hennepin County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Hennepin County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Hennepin County will maintain public participation and coordination; and WHEREAS, this multi-jurisdictional Plan was updated by the cities and Hennepin County in 2024, and in 2018 since the initial adoption in January, 2011. WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Eden Prairie supports the hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard Mitigation Plan. ADOPTED, by the City Council of the City of Eden Prairie, on the 18th day of June, 2024. ______________________________ Ron Case, Mayor ATTEST: ______________________________ David Teigland, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 18, 2024 DEPARTMENT/DIVISION: Lori Haak Public Works / Engineering ITEM DESCRIPTION: IC# 24825 Approve Agreement with Barr Engineering Co. for the Development of Design Standards for Bioretention Facilities ITEM NO.: VIII.H. Requested Action Move to: Approve the Agreement between Barr Engineering Co. and the City of Eden Prairie for the Development of Design Standards for Bioretention Facilities Synopsis This agreement allows the City to work with Barr Engineering to develop design standards, specifications, and checklists for bioretention facilities. These will be used by City staff to amend City Code with new standards and develop a separate surety requirement for bioretention facilities. Costs associated with this agreement will be paid from the stormwater utility fund. Background Information Stormwater management is regulated by federal (EPA), state (MPCA) and local (watershed districts, municipalities) government agencies. To reduce the impacts of development on surface waters (like lakes, creeks, and the Minnesota River), developers must design to water quantity and water quality standards. Developers increasingly employ bioretention facilities (vegetated depressions designed for stormwater management) to meet these standards. The City (under its municipal stormwater permit from the MPCA) is responsible for maintaining bioretention basins that receive stormwater from public property. Typically, these basins are located on City-owned outlots or within City right of way. Bioretention basins rely on native vegetation in conjunction with engineered subsoils to achieve required water treatment and/or retention. It can be difficult for general grading contractors and seeding contractors to correctly construct and maintain them. As a result, many basins turned over to the City do not meet the design or aesthetic standards of City employees or residents (e.g., Stable Path, Prairie Heights). It has been challenging for City employees to hold developers to a high standard for basin performance and aesthetics within the parameters of our existing land alteration permit and surety requirements. For example, it is difficult to ensure native vegetation is well-established prior to surety release. Native vegetation can take 3-5 growing seasons to establish well enough to outcompete weedy species. The dedicated surety for bioretention facilities will be smaller than the overall land alteration surety for developments, allowing the City to hold it for more than 2 seasons and condition its release on factors specific to bioretention facilities. This agreement with Barr Engineering will help develop design standards, specifications, and checklists for bioretention facilities. These will be used by City staff to amend City Code with new standards and develop a separate surety requirement for bioretention facilities. Costs associated with this agreement will be paid from the stormwater utility fund. Attachments Agreement 2024 03 08 Version 2024 03 08 Agreement for Professional Services This Agreement (“Agreement”) is made on the _ th_ day of _ June , 20_24_, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _ Barr Engineering Co. _ (“Consultant”), a Minnesota _Corporation_ (hereinafter “Consultant”) whose business address is _4300 Market Pointe Drive #200, Minneapolis, MN 55435_. 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 Development of Design Standards for Bioretention Facilities_ 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 ( “Agreement for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management” ) 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 _June 19, 2024_ through June 18, 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 $ 38,800.00 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 2024 03 08 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 2024 03 08 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. 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 Page 4 of 10 2024 03 08 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 $2,000,000 general aggregate Page 5 of 10 2024 03 08 $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 2024 03 08 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 2024 03 08 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 2024 03 08 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 2024 03 08 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 2024 03 08 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 BARR ENGINEERING CO. By: Scott Sobiech Its: Vice President Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com May 30, 2024 Lori Haak Water Resources Coordinator City of Eden Prairie 15150 Technology Dr. Eden Prairie, MN 55344 Re: Scope of Work for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management Dear Lori Haak: Thank you for retaining us. We will do our best to justify your expression of confidence in us. This letter presents a proposed scope of work regarding the development of specifications for stormwater facilities to be transferred to City management. Please review the scope, schedule, and budget for the project described below. If it is acceptable, please sign and return this Agreement. We are happy to adjust this agreement to best meet your needs. Scope of Work Work Product One: Bioretention Design Standards This project involves the development of bioretention design standards for developers constructing basins that the City will maintain. The document developed will be organized and clearly state design expectations. Its contents will be like that of specifications, but more concise. The scope of professional consulting services we will provide includes: 1. Facilitate a meeting with City staff to discuss concerns about BMPs that the City has undertaken management and expectations to be set. This meeting will produce a list of issues to be addressed and expectations to be met within the standards to be developed. 2. Barr will develop draft standards to include descriptions of: a. Excavation and grading i. Basin placement ii. Basin depths iii. Basin side slopes iv. Sediment forebay b. Basin structures design i. Pretreatment structure ii. Catch basin with splash block inlet system iii. Underdrain system iv. Inlets and outlet structures City of Eden Prairie; Scope of Work for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management May 30, 2024 Page 2 c. Develop details building upon the MPCA State Stormwater Manual details: i. Catch basin with splash block inlet system ii. Surface flow inlet system iii. Drain tile and clean out system iv. Cross section of an infiltration basin v. Cross-section of a filtration basin vi. Outlet structure d. Bioretention soils i. Bioretention soil mixes to be required for infiltration and filtration basins including two filtration media specifications. e. Vegetation establishment and maintenance standards i. Including plant lists: 1. High visibility/high diversity a. Seed mix for the dry basin side slopes b. Plug list for wet basin bottoms (we typically require plugs to be planted in basin bottoms because water movement prevents seed germination and even distribution) 2. Low visibility/low diversity a. Seed mix for the dry basin side slopes b. Plug list for basin bottom 3. Shade species a. Seed mix for the dry basin side slopes b. Plug list for basin bottom 4. Shrub species lists a. For basin side slopes b. For basin bottom 3. Submit draft standards to City staff for review. 4. Meet with City staff to review comments on the draft standards. 5. Revise the standards to address staff comments. Two rounds of such revisions are included. 6. Submit final work products. Work Product Two: Compliance Verification for Bioretention Facilities Develop a document that outlines the process expected of developers for verifying compliance with the bioretention standards develop in work product one. Two versions will be developed – one for developers and the other directed to City staff. This will include elements such as pre-design requirements, construction inspections, and submittals. The document may be organized as the standards developed in Product One -e.g. design, bidding, construction, maintenance, with an additional checklist specifically for aspects to be reviewed at project handoff. Check lists could be developed for each section. City staff would be heavily involved in the development of this document. City of Eden Prairie; Scope of Work for the Development of Design Standards for Bioretention Facilities to be Transferred to City Management May 30, 2024 Page 3 The scope of professional consulting services we will provide includes: 1. Facilitate a meeting with City staff to explore where they would prefer to intervene in bioretention basin the design and construction process. 2. Develop a draft compliance verification document and submit it to staff for review. 3. Conduct a virtual meeting to discuss comments on draft document. 4. Incorporate comments into final document. 5. Provide final document. Schedule This Agreement will be effective for the duration of the services unless terminated earlier by either you or us. We will commence work upon receipt of a copy of this letter signed by you. We expect to complete the project within sixteen weeks of the project kick-off. Budget Work Product One Budget: Bioretention Design Standards for Developers: $30,700 Work Product Two Budget: Compliance Verification for Bioretention Facilities: $8,100 For the services provided, you will pay us according to the attached Standard Terms. We will bill you. The cost of the services will not exceed $38,800 without prior approval by you. We understand Lori Haak will have the authority to direct us. We will direct communications to Ms. Haak at the address on this letter. Direction should be provided to Fred Rozumalski at the letterhead address. If this Agreement is satisfactory, please sign the enclosed copy of this letter in the space provided and return it to us. Sincerely yours, BARR ENGINEERING CO. Scott Sobiech, P.E. Its Vice President CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: #24801 Approve Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for 2024 Pavement Rehab Project ITEM NO.: VIII.I. Requested Action Move to: Approve the Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for the 2024 Pavement Rehab Project in the amount of $39,884.00. Synopsis This Professional Services Agreement will provide construction materials testing services for the 2024 Pavement Rehab Project. Construction will take place this summer. Background Information The Bituminous Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and full depth reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will perform is to assure that the materials used by the contractor meets the required specifications. Financial Implications The Professional Services Agreement with Braun has an estimated cost of $39,884. Funding for the project is from Pavement Management funds. Attachment Professional Services Agreement 2024 03 08 Version 2024 03 08 Agreement for Professional Services This Agreement (“Agreement”) is made on the 18th day of June, 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 2024 Pavement Rehab Construction Materials Testing Services hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (letter dated May 24, 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 June 24, 2024 through October 31, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $39,884.00 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 Page 2 of 10 2024 03 08 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Page 3 of 10 2024 03 08 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Page 4 of 10 2024 03 08 For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate Page 5 of 10 2024 03 08 $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Page 6 of 10 2024 03 08 Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Page 7 of 10 2024 03 08 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of Page 8 of 10 2024 03 08 mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Page 9 of 10 2024 03 08 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Page 10 of 10 2024 03 08 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT By: Its: Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com AA/EOE May 24, 2024 Proposal QTB196216 Ms. Ashton Kogel City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Construction Materials Testing Services 2024 Pavement Rehabilitation Project City Project: IC 24801 Eden Prairie, Minnesota Dear Ms. Kogel: Braun Intertec Corporation appreciates the opportunity to provide this proposal to provide construction materials testing services for the City of Eden Prairie’s 2024 Pavement Rehabilitation Project. Our Understanding of Project Per our previously performed work and the plans provided, we understand the City’s 2024 project will include the following repairs: ▪ Full-depth reclamation - FDR (about 5.2 miles) ▪ 2-inch mill-and-overlay (about 4.6 miles) ▪ 3.5-inch mill-and-overlay with undersealing (about 0.9 miles). We understand work with the construction contractor will begin no earlier than June 24, 2024, and is to be completed by August 30, 2024. Available Project Information This proposal was prepared using the following documents and information. ▪ Our Pavement Evaluation Report dated January 17, 2024 (Braun Intertec project number B2306627). ▪ Request for Proposal email prepared by Ashton Kogel with the City of Eden Prairie and sent on April 23, 2024. ▪ Estimates provided by the city of overlay quantities. ▪ City of Eden Prairie Bid Plans for the 2024 Pavement Rehabilitation Project I.C. 24801 document, as provided by Ashton Kogel on April 23, 2024. ▪ City of Eden Prairie Special Conditions for 2024 Bituminous Mill & Overlay, Underseal, and Reclamation Project I.C. 24801 document, as provided by Ashton Kogel on April 23, 2024. City of Eden Prairie Proposal QTB196216 May 24, 2024 Page 2 Scope of Services - Construction Material Testing We propose the following tasks. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Services are performed under the direction of a licensed professional engineer. Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soils Related Services (FDR streets) ▪ Sample and test full depth reclamation for compliance with the project documents. This task includes laboratory gradation testing of full depth reclamation materials. ▪ Perform MnDOT dynamic cone penetrometer (DCP) tests on full depth reclamation materials. Bituminous Related Services (FDR and Mill-and-Overlay Streets) ▪ Randomly determine and mark pavement core locations. ▪ Obtain bituminous cores and measure the thickness and density of the compacted bituminous pavement by the core method for compliance with the project documents. This task includes coring equipment rental, performing the coring and patching the core holes. ▪ Laboratory testing of cores to determine density and measure thickness. Consulting, Project Communication and Reporting Services ▪ Project management, including scheduling of our field personnel. ▪ Review test reports and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. ▪ Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: ▪ We understand compaction testing on full depth reclamation materials will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of three tests will be conducted each trip with 11 trips assumed. City of Eden Prairie Proposal QTB196216 May 24, 2024 Page 3 ▪ We assume we will core the bituminous pavement 2 times a week for 10 weeks. We also assume we will perform up to six cores per trip. ▪ We assume we will use the contractor’s bituminous mixture properties to assist in determining core density. ▪ Where required, we assume traffic control for all project areas will be provided for our coring crews by the City of Eden Prairie and/or the contractor for this project. ▪ We understand your full-time on-site construction observer will observe the test rolling for this project. ▪ You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. ▪ We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Fees We will furnish the services described herein for an estimated fee of $39,884. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. Additional Services and Overtime It is difficult to estimate all of the services, and the quantity of each service, that will be required for any project. Our services are also directly controlled by the schedule and performance of others. For these reasons, our actual hourly or unit quantities and associated fees may vary from those reported herein. If the number of hours or units ultimately required exceed those assumed for purposes of this proposal, they will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are ultimately required that have not been identified or described herein, they will be invoiced in accordance with our current Schedule of Charges. Prior to exceeding our estimated fees, we will update you regarding the progress of our work. Fees associated with additional services will be summarized in a Change Order and submitted to you for review and authorization. City of Eden Prairie Proposal QTB196216 May 24, 2024 Page 4 This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal work hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the normal hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the normal hourly rate for the service provided. We have not included premiums for overtime; however, we recommend that allowances and contingencies be made for overtime charges. You will be billed only for services provided on a time and material basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. City of Eden Prairie Proposal QTB196216 May 24, 2024 Page 5 If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie with this proposal included as Exhibit A. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Amy J. Grothaus, PE Senior Manager, Senior Engineer Andrew M. Valerius Associate Director, Senior Project Manager Charles M. Cadenhead Jr, PE Vice President, Principal Engineer Attachment: Cost Estimate Table Client:Service Description:Work Site Address: Various City Streets Eden Prairie, MN City of Eden Prairie Ashton Kogel 8080 Mitchell Rd Eden Prairie, MN 55344 (952) 949-8300 Construction Materials Testing Services Proposal Total:$39,884.00 Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Testing $6,264.00 1162 Sieve Analysis with 200 wash, per sample 8.00 Each 156.00 $1,248.00 217 Compaction Testing - DCP 33.00 Hour 94.00 $3,102.00 Work Activity Detail Qty Units Hrs/Unit Extension DCP Testing 11.00 Trips 3.00 33.00 209 Sample pick-up 11.00 Hour 94.00 $1,034.00 Work Activity Detail Qty Units Hrs/Unit Extension Sample Pick-up 11.00 Trips 1.00 11.00 1861 CMT Trip Charge 22.00 Each 40.00 $880.00 Activity 1.2 Pavement Testing $28,480.00 1542 Thickness and Density of Bituminous Core (ASTM D2726)120.00 Each 60.00 $7,200.00 252 Bituminous Coring, two person 80.00 Hour 220.00 $17,600.00 Work Activity Detail Qty Units Hrs/Unit Extension Coring 20.00 Hours 4.00 80.00 1555 Bituminous patch material, per core 120.00 Each 24.00 $2,880.00 1861 CMT Trip Charge 20.00 Each 40.00 $800.00 Activity 1.3 Project Management $5,140.00 128 Senior Engineer/ Senior Project Manager 20.00 Hour 210.00 $4,200.00 238 Project Assistant 10.00 Hour 94.00 $940.00 Phase 1 Total:$39,884.00 Page 1 of 105/24/2024 08:40 AM Project Proposal QTB196216 City of Eden Prairie- 2024 Pavement Rehab #24801 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Adam Gadbois Public Works / Engineering ITEM DESCRIPTION: #23819 Approve Professional Services Agreement with SRF Consulting Group for Construction Administration Services for the Prairie Center Drive and Franlo Road Intersection Improvements Project ITEM NO.: VIII.J. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration Services for the Prairie Center Drive and Franlo Road Intersection Improvements Project. Synopsis This Professional Services Agreement will provide construction administration services for construction of a new traffic signal at the intersection of Prairie Center Drive and Franlo Road. Background Information The intersection of Prairie Center Drive and Franlo Road has been recommended for improvements since the Major Center Area study in 2012, which predicted that surrounding development would justify the need. Since that study, development and redevelopment has occurred in this area and this project will include installation of a new traffic signal to improve operations as the current situation includes a side street stop-controlled intersection with extended side street delay. Additional improvements include new pedestrian facilities meeting current requirements, and new roadway pavement from Flying Cloud Dr. to 200 feet east of Franlo Rd. Construction split into two phases requiring directional closures and detours for the travelling public. It is anticipated that construction will begin in August and be substantially complete by the end of October 2024. Financial Implications The Professional Services Agreement with SRF has an estimated cost of $137,140.00. Funding for the project includes the City’s municipal state aid account, the transportation fund, and the storm water utility fund. Attachment Professional Services Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 24807 Award Contract for the 2024 ADA Pedestrian Ramp Project to Q3 Contracting, Inc. ITEM NO.: VIII.K. Requested Action Move to: Award Contract for the 2024 Pedestrian Ramp Project to Q3 in the amount of $115,354.45. Synopsis 7 bids were received on Thursday, June 6, 2024. The bids received are summarized below. Q3 Contracting, Inc. $115,354.45 Create Construction, LLC $121,321.50 Pember Companies, Inc. $148,178.95 BKJ Excavating $150,011.65 Ti-Zack Concrete, LLC $170,009.72 Concrete Idea, Inc. $173,083.50 JL Theis, Inc. $180,795.80 City staff recommend awarding the contract for the project to Q3 Contracting, Inc., in the amount of $115,354.45. Background Information This contract provides for the construction of pedestrian ramp improvements as part of the City’s ADA Transition Plan. Ramps included in this project are along Chestnut Drive, Windson Drive, and Carmody Drive. The selected ramps are in a priority area as part of the ADA Transition Plan, and this project is in anticipation of the 2025 pavement management program for these streets. Project Cost Summary Q3 Contracting Inc.’s low bid is within the Engineer’s Estimate for this project of $142,399.50. This project will utilize the Capital Maintenance and Reinvestment Funds. Attachment Contract Agreement 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 18th day of June 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Q3 Contracting, 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: IC #24807 2024 ADA Pedestrian Ramp 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 $115,354.45. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent DATE: June 18, 2024 DEPARTMENT / DIVISION: Fire Department Steve Kartak, Building Official ITEM DESCRIPTION: Approve Agreement for Demolition and Removal of Hazardous Building at 17391 Rustic Hills Drive ITEM NO.: VIII.L. Requested Action Move to: Approve Agreement with Bollig & Sons, Inc. for Demolition and Removal of Hazardous Building at 17391 Rustic Hills Drive in the amount of $29,309. Synopsis The home located at 17391 Rustic Hills Drive was severely damaged by a fire on April 14, 2023. The City’s Building Official conducted an inspection that confirmed that the building is structurally unsafe and must be demolished. Despite efforts to require the property owner to demolish and remove the home, the property owner has failed to do so. On May 7, 2024, the Council adopted a resolution declaring that the house is a hazardous building and ordering its removal under the process provided by Minnesota Statutes Chapter 463. The property owner has failed to comply with the order, and the City Attorney has filed a motion in Hennepin County District Court for summary enforcement of the Council’s order. A motion hearing is scheduled for June 25, 2024. If the court grants the motion, the City will be permitted to undertake the demolition and removal and specially assess the property for its cost incurred in doing so. While the City may not proceed unless and until the court grants the motion, staff has solicited quotes from three contractors for the demolition work in order to proceed as quickly as possible. Staff has received the following quotes: Bollig & Sons, Inc. $29,309.00 Final Grade, Inc. $32,716.64 Lloyds Construction Services $52,990.00 Staff recommends contracting with the lowest-cost proposer, Bollig & Sons, Inc. The contract will be contingent upon the issuance of the court order allowing the City to proceed with demolition. Attachment Agreement for Contract Services (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 18th day of June, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bollig & Sons, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is 11401 County Road 3, Hopkins, MN 55343. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the demolition and removal of a hazardous building at 17391 Rustic Hills Drive, hereinafter referred to as the “Work”. The City and Contractor agree as follows: 1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions ofthe Work in accordance with attached Exhibit A. Any general or specific conditions, terms,agreements, consultant or industry proposal, or contract terms attached to or a part of ExhibitA are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2.Effective Date and Term of Agreement. This Agreement shall become effective as of June18, 2024. The Work shall be completed within thirty-one (31) days of Contractor’s receipt ofwritten notice to proceed from the City. 3.Obligations of Contractor. Contractor shall provide the materials and services as set forth in Exhibit A. 4.Compensation for Services. City agrees to pay the Contractor a fixed sum of $29,309 as full and complete payment for the labor, materials and services rendered pursuant to thisAgreement and as described in Exhibit A.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Contractor shall require prior written approval by an authorizedrepresentative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b.If Contractor is delayed in performance due to any cause beyond its reasonable control,including but not limited to strikes, riots, fires, acts of God, governmental actions,unknown site conditions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.Contractor will be entitled to payment for its reasonable additional charges, if any, dueto the delay. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 10 5. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. 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. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 6. Project Manager. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages to the extent directly caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control. Contractor shall be responsible for costs, delays or damages incurred by the City to the extent directly arising from unreasonable delays under Contractor’s control in the performance of its duties. 8. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 10 $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, and Automobile Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 10 k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 10 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 9. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, to the extent directly caused by any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 10. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to begin to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City, unless a longer timeframe is agreed to by the parties. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 10 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have fifteen (15) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. d. Notwithstanding the foregoing provisions of this paragraph 11, the City may terminate this Contract at any time prior to issuing a notice to proceed if the City does not receive permission from the Hennepin County District Court to undertake the Work. 12. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 13. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating 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 Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 10 Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by either Party, no Party shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 10 subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other BOLLIG & SONS INC. 11401 COUNTY ROAD 3 HOPKINS, MN 55343 952-938-4133 office@bolligandsons.com May 21, 2024 City of Eden Prairie Attn: Steve Kartak 612-600-6768 skartak@edenprairie.org JOB SITE: 17391 Rustic Hill Drive, Eden Prairie JOB DESCRIPTION: Apply for demo permit at city. Price $ 100 Escrow fee. Price $ 50 Asbestos testing. Price $ 675 Asbestos removal if found. Price $ TBD Disconnect gas, electrical, telephone. Price $ 12 Disconnect sewer and water with permit. Price $ 1,927 Provide and install silt logs or silt fence on property line. Price $ 1,038 Remove 3 trees and stumps, haul debris off site (trees are burned). Price $ 1,325 Disconnect A/C, remove freon. Price $ 335 There is 30” of water in basement, pump water out of basement. Price $ 400 Remove all personal items left behind clothes, furniture, paints, chemicals, t.v., appliance, etc. Price $ 3,575 Demolish home, foundation, sidewalk, patio, driveway, haul debris off site. Price $ 15,892 Import common fill, fill foundation hole back up to grade, compact soil as needed. Price $ 3,580 Provide and hand seed disturbed areas. Price $ 400 NOTE: We have included a price to test for asbestos containing materials. Once we receive the test results, we will provide a quote for removal. If you choose to use your own asbestos contractor, we will require all documentation prior to demolition. Above machine and labor prices are good for 30 days. Material prices are good for 15 days. Accepted Owner Signature:__________________________________________________ Date:_________________ Thank you for the opportunity to work with you on this project. We do appreciate your business. Respectfully, Jim Beuch 612-369-5017 Exhibit A Requested Action Move to: Approve quote to upgrade approximately 145 phones, which are currently out of support, for a one-time cost of $31,474.10. Synopsis: We have older models of phones in our environment that are no longer supported, and need to be upgraded. We will upgrade 92 phones to Mitel 6915, 35 phones to Mitel 6930 and 18 phones to Mitel 6940 models. Background: Phone models are selected based on user role and requirements. We will also purchase wireless headsets for users as required, and wall mounts as applicable. These replacements were budgeted in the IT CIP budget. Attachments: Marco quote for phone replacements. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Aditi Salunke, IT Manager ITEM DESCRIPTION: Phone upgrades ITEM NO.: VIII.M. Stephanie Ward Prepared By: Senior Technology Advisor 651-634-6164 Stephanie.Ward@marconet.com Quote Number: 179009 PROPOSAL FOR CITY OF EDEN PRAIRIE RYAN HIGGINS May 14, 2024 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) IT - Phone Replacement Quote -- CITY OF EDEN PRAIRIE Prepared by:Prepared for:Ship To:Quote Information: Marco - Twin Cities CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Quote #: 179009 Stephanie Ward 651-634-6164 Stephanie.Ward@marconet.co m 8080 MITCHELL RD EDEN PRAIRIE, MN 55344 RYAN HIGGINS 952.949.8401 rhiggins@edenprairie.org 8080 MITCHELL RD EDEN PRAIRIE, MN 55344- 2203 RYAN HIGGINS 952.949.8401 rhiggins@edenprairie.org Version: 2 Date Issued: 05/14/2024 Expiration Date: 06/24/2024 Special Pricing Program: Sourcewell/NJPA Products Description One-Time Qty Ext. One-Time This quote is based on the Mitel Sourcewell contract #120122-MBS MITEL 6915 IP PHONE $143.00 92 $13,156.00 Mitel 6930w IP Phone - Cordless - Corded/Cordless - Bluetooth, Wi-Fi - VoIP - IEEE 802.11a/b/g/n - 2 x Network (RJ-45) - PoE Ports $292.50 35 $10,237.50 MITEL 6940W IP PHONE $386.75 18 $6,961.50 Mitel Wall Mount for IP Phone - 10 / Pack $225.55 2 $451.10 Mitel DECT Headset compatible with 6930w and 6940w phones Mitel Integrated DECT Headset (NA)$214.50 14 $3,003.00 Subtotal:$33,809.10 Discounts Description One-Time Qty Ext. One-Time One-Time Product Discount ($2,335.00)1 ($2,335.00) Mitel Additional Discount on Bulk Order Expires 6/24/2024. If the number of phones decreases the discount will not apply. Subtotal:($2,335.00) 2 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Quote Summary - One-Time Expenses Description Amount Products $33,809.10 Discounts ($2,335.00) Total:$31,474.10 Payment Options Description Payments Interval Amount One-Time Payment One-Time Payment 1 One-Time $31,474.10 Summary of Selected Payment Options Description Amount One-Time Payment: One-Time Payment 3 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Approval Client represents that it has reviewed and agrees to be legally bound by this Schedule of Products. Client represents that it has reviewed and agrees to be legally bound by the Relationship Agreement, any Product Agreement(s) referred to herein, and applicable policy(ies) (“Terms and Conditions”) which are located at www.marconet.com/legal for the Products it is obtaining as identified in this Schedule of Products. If the parties have negotiated changes to the Terms and Conditions that have been reduced to writing and signed by both parties, the modified version(s) of such Terms and Conditions, that have not expired or been terminated, shall replace the online version(s). Client agrees to use electronic signatures, electronic communications, and electronic records to transact business under the above documents. The pricing above does not include taxes. Taxes, fees and surcharges shall be paid by Client and will be shown on invoices to Client. Payments made via credit card are subject to a 3% surcharge. A $30 fee will be assessed for any returned payment Marco Technologies, LLC CITY OF EDEN PRAIRIE Signature: Name: Title: Date: Prepared for:Aditi Salunke Signature: Signed by: Title: Date: PO Number: Email Address: 4 Rick Getschow City Manager June 18, 2024 asalunke@edenprairie.org CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Bids and Award Contract for the Flying Red Horse Monument Sign to Construction Results Corporation ITEM NO.: VIII.N. Motion Move to: Accept the bids and authorize entering into a contract with Construction Results Corporation for the Flying Red Horse Monument Sign Project in the amount of $209,409.00. Synopsis Bids were publicly advertised and opened on May 30, 2024. Bids were received from six contractors with the low bid coming from Construction Results Corporation. The remaining five bids with accepting both alternates ranged in price from $281,500.00 to $493,250.00. Construction Results Corporation has successfully completed similar projects for the City and other surrounding communities. Background Staff has been working with WSB to restore the historic flying red horse sign and have it placed on a foundation at the corner of Flying Cloud Drive and Town Center Place. Concepts and the final design have been presented to the Parks, Recreation and Natural Resources Commission and City Council, all who recommended continuing the project through bidding. The engineers estimate for the project was $619,375.00 and recommends accepting the bid with both alternates from Construction Results Corporation. Attachment Construction Contract Agreement Bid Summary Letter of Recommendation from WSB 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 18th day of June, 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Construction Results 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: Flying Red Horse Monument Sign 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 $209,409.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR _Construction Results Corporation________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title PROJECT: OWNER:City of Eden Prairie WSB PROJECT NO.: 021400-000 Bids Opened: Thursday, May 30, 2024, at 1:00 pm Contractor Bid Security (5%) BASE BID ALTERNATE 1 Select Granular Embankment ALTERNATE 2 Box Sign with Letters Base Bid and Alternate 1 and Alternate 2 1 Construction Results Corporation X $184,909.00 $4,500.00 $20,000.00 $209,409.00 2 Urban Companies X $210,000.00 $1,500.00 $70,000.00 $281,500.00 3 Indigo Signs X $382,376.19 $10,144.95 $22,500.00 $415,021.14 4 Vinco, Inc.X $394,700.00 $300.00 $2,000.00 $397,000.00 5 Albrecht Sign Company X $410,705.00 $975.00 $66,200.00 $477,880.00 6 Blackstone Contractors, LLC X $432,500.00 $750.00 $60,000.00 $493,250.00 Engineer's Opinion of Cost $499,000.00 $375.00 $120,000.00 $619,375.00 Denotes corrected figure Robert Slipka, LA BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on May 30, 2024. Flying Red Horse Monument Sign K:\021400-000\Admin\Construction Admin\Bidding\021400-000 Bid Summary 053024 K:\021400-000\Admin\Construction Admin\Bidding\021400-000 LOR 053024.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM May 30, 2024 Honorable Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Flying Red Horse Monument Sign City of Eden Prairie, MN WSB Project No. 021400-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, May 30, 2024, and were opened and read aloud. Six bids were received. The bids were checked for mathematical accuracy. Please find enclosed the bid summary indicating the low bid as submitted by Construction Results Corporation, Plymouth, MN in the amount of $184,909.00 for the Base Bid. The Engineer’s Estimate was $499,000.00 for the Base Bid. In addition, there were two alternat bids on this project. Construction Results Corporation bids for these alternates are noted below: Alternate 1 – Select Granular Embankment $ 4,500.00 Alternate 2 – Box Sign with Letters $20,000.00 We recommend that the City Council consider these bids and award a contract for the Base Bid and both Alternates in the amount of $209,409.00 to Construction Results Corporation, based on the results of the bids received. Sincerely, WSB Robert Slipka, LA Landscape Architect Attachments cc: Candace Amberg, WSB kkp CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve the Lease Extension for the Riley Lake Park Rental House ITEM NO.: VIII.O. Motion Move to: Approve the Lease Extension for one year with Nathan Lovas and Autumn Brown Lovas for the Riley Lake Park Rental House. Synopsis The tenants of the Riley Lake Park rental house have been renting the historic Riley-Jacques house since 2011 and have expressed interest in extending the lease for one year. Background The City has been renting the Riley-Jacques house at Riley Lake Park for many years. Nathan and Autumn Brown Lovas have been renting the house since 2011. Having someone in the house has allowed the City to gain revenue, but more importantly, has kept someone in the home caring for and protecting this historic site. Staff has purposely kept rent low compared to other rental properties because of the renter’s responsibility for the high cost of heating the home and the intensive care needed to maintain the home. Attachment Lease Extension LEASE EXTENSION This Lease Extension (“Extension”), is made and entered into this 18th day of June, 2024 between the City of Eden Prairie (“Landlord”) and Nathan Lovas and Autumn Brown Lovas (“Tenants”). In consideration of the covenants and agreements contained herein, the parties agree as follows: 1. LEASE EXTENSION. The parties agree to extend for one additional year that certain Minnesota Standard Residential Lease between Landlord and Tenants for the property located at 9100 Riley Lake Road, Eden Prairie, MN 55347 (“Lease”). The Lease runs through June 30, 2024. This Extension will begin on July 1, 2024 for a term of 12 months. 2. MONTHLY RENT. Beginning July 1, 2024 the monthly rent amount due will be $695.00 per month. 3. RENTER’S INSURANCE. Tenant must procure and carry liability insurance and name the City as an additional insured for the term of this extension providing coverage in the minimum amount of Twenty Five Thousand Dollars ($25,000) Personal Property and Five Hundred Thousand Dollars ($500,000) Liability Limit. 4. ALL OTHER TERMS. All other terms of the Lease will remain in full force and effect for the duration of this Extension. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LANDLORD: TENANTS: CITY OF EDEN PRAIRIE NATHAN LOVAS BY: _____________________________ Name: _________________________ ITS: ___________________________ AUTUMN BROWN LOVAS BY: Name: ________________________ ITS: ___________________________ _____________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Amy Markle, Director, Parks and Recreation ITEM DESCRIPTION: 4th of July Fireworks Contract with RES Pyro ITEM NO.: VIII.P. Requested Action Move to: Authorize entering into an Agreement with RES Pyro for the July 4th Fireworks display in the amount of $25,000. Synopsis The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for the past 30 + years. RES Pyro has been a part of that celebration for 16 years. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2024, for a fee of $25,000, for its traditional 20–22-minute show. A rain date of July 5th has been established, and if that date has inclement weather, August 3rd is reserved. Background In January 2024, Parks and Recreation staff asked for proposals for 2024 and 2025 from two fireworks companies: RES Pyro and J&M Displays. After reviewing the proposals closely, staff is recommending RES Pyro. RES Pyro has always provided an outstanding firework display in Eden Prairie. They have also worked well with Parks and Recreation and the Fire Department staff. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. We are anticipating the addition of a July 3rd drone show will be well-received, sensory friendly, and complement the traditional fireworks display! Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services 4th Fireworks This Agreement (“Agreement”) is made on the twenty-fourth 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 RES Pyro a Minnesota pyrotechnics company (hereinafter "Consultant") whose business address is 21595 286th Street, Belle Plaine, MN 56011. 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 Providing Fireworks and Pyrotechnic Operations for the 4th of July Celebration at Round Lake Park 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 (Fireworks Proposal) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 24, 2024 through July 4, 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 $25,000 for the 4th of July for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Pyrotechnics for July 4th Fireworks Page 2 of 8 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 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 Pyrotechnics for July 4th Fireworks Page 3 of 8 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 has designated ___Tracy Vanasek__ to serve on the Project. They 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 designated staff from the Project without the approval of the City. Day-of pyrotechnic staff will be listed in the permit and insurance documents, along with Operator Licenses as attachments. 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. Audit Disclosure and Data Practices. Any reports, information, data, etc. 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. 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. 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. 9. 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. 10. 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 Pyrotechnics for July 4th Fireworks Page 4 of 8 within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. 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. 12. 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. 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 Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall Pyrotechnics for July 4th Fireworks Page 5 of 8 cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. 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. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. 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. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. 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. n. 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. Pyrotechnics for July 4th Fireworks Page 6 of 8 o. 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. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. 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. Pyrotechnics for July 4th Fireworks Page 7 of 8 14. 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. 15. 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. 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. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Pyrotechnics for July 4th Fireworks Page 8 of 8 20. 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. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: _________________________________________ Its: Cory Stinar Director of Services RES Pyro CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 18, 2024 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award contract for the 2024 Riley Lake Park Hardcourt Rehabilitation Project. ITEM NO.: VIII.Q. Motion Move to: Award contract for the 2024 rehabilitation of the Riley Lake Park hardcourt surfaces to DMJ Asphalt Inc. in the amount of $143,673.70. Synopsis The scope of this project is to remove the existing bituminous, fencing, net posts & anchors, and aging basketball hoops. The area will then be regraded, compacted, repaved, and new bituminous, fencing, net posts & anchors, and basketball hoops will be installed. Following construction, the courts will receive new sport court surfacing via a 2-coat color system using acrylic resurfacing with filler and acrylic color with filler. The courts will be lined for 1 USTA tennis court, 4 pickleball courts, and 1 basketball court. With these courts being distanced from residential property, this facility is a great opportunity for Parks to provide additional pickleball courts to meet growing demand. Background Riley Lake Park hardcourts were last rehabilitated in 2013 and resurfaced in 2022 with the intent to extend the life of this facility to 2028 when they were scheduled for rehabilitation. The courts’ structural cracking and surface flaking were too significant for resurfacing to extend the facility’s life and will result in unsafe to playing conditions. Resurfacing the existing courts is no longer a viable option due to the extent of damage to the facility. Our recommendation is to rehabilitate these courts before hazardous conditions arrive to ensure the facility stays in a playable condition. The staff estimate and budget for this project was $150,000.00. The funding for this rehabilitation project comes from the Cash Park Fees funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2024 Hardcourt Rehabilitation DMJ Asphalt $143,673.70 BKJ Excavation $174,864.50 Minnesota Roadways $174,908.00 Bituminous Roadways $197,896.00 Attachment Form of Contract (rev. 6/2024) Construction Contract This Contract (“Contract”) is made on the 18th day of June 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DMJ Asphalt Inc., a Minnesota Incorporation (hereinafter "Contractor") whose business address is 2392 Pioneer Trail Medina, MN 55340. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for the 2024 Riley Lake Park Hardcourt Rehabilitation Project hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by September 30th, 2024. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $143,673.70 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract (rev. 6/2024) Page 2 of 14 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. 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. c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate from the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract (rev. 6/2024) Page 3 of 14 6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract (rev. 6/2024) Page 4 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract (rev. 6/2024) Page 5 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract (rev. 6/2024) Page 6 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of Standard Construction Contract (rev. 6/2024) Page 7 of 14 equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract (rev. 6/2024) Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence Standard Construction Contract (rev. 6/2024) Page 9 of 14 of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also Standard Construction Contract (rev. 6/2024) Page 10 of 14 may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating 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 legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract (rev. 6/2024) Page 11 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract (rev. 6/2024) Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract (rev. 6/2024) Page 13 of 14 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 6/2024) Page 14 of 14 EXHIBIT A Proposal/Scope of Work Requested Action Move to: • Close the Public Hearing; and • Approve the first reading of an Ordinance for a Zoning District Change from Office (OFC) to Industrial (I-2) • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions • Authorize the issuance of an early Land Alteration Permit for Nexus Innovation Center at the request of the Developer subject to the conditions outlined in the permit Synopsis The applicant is requesting approval to build a 185,733 square foot one-story industrial building on the property located at 6131 Blue Circle Drive. The site is 14.35 acres and was previously occupied by American Family Insurance. The property is in the far northeast corner of the City between the west bound on-ramp to Highway 62 from Highway 212 and the northern city limits. The proposed building is in the middle of the site with parking surrounding the building. The front of the building will face the highway and the back of the building (loading docks) will face Blue and Yellow Circle Drives. The northern edge of the property is the municipal boundary between Minnetonka and Eden Prairie. The property is guided Industrial Flex Tech and zoned Office. The applicant is requesting approval of a zoning change to the Industrial (I-2) Zoning District, which is consistent with the guiding. No waivers are requested. Background Planning Commission Recommendation The Planning Commission held a public hearing on May 28, 2024. With a vote of 8-0, the Commission approved the project. City of Minnetonka Comments Comments were received from the City of Minnetonka and a copy is attached. Several of the comments included changes requested by Minnetonka. The plans have been revised to address the changes. The City of Minnetonka has reviewed the trail location. The termination/touchdown points in the right-of-way must be approved by Minnetonka and will be addressed in the Development Agreement. Parking CITY COUNCIL AGENDA SECTION: Public Hearings and Meetings DATE June 18, 2024 DEPARTMENT / DIVISION: Julie Klima/Beth Novak-Krebs Community Development/Planning ITEM DESCRIPTION Nexus Innovation Center ITEM NO. IX.A. The number of parking spaces is based on speculative uses within the building, including17,440 square feet of office space and 168,293 square feet of warehouse space. The floor plan as proposed requires 171 parking stalls and the site plan includes 278 stalls. Even though the site plan as proposed includes more parking stalls than required under the proposed mix of office and warehouse space, the number of spaces allows for flexibility for possible additional office or manufacturing uses. Additional spaces could be provided on site for flexibility depending on the mix of office and warehouse space and potential added manufacturing space. If the number of parking stalls required by the mix of uses in the building exceed 278 parking stalls, the owner will be required through the Development Agreement to contact the City to discuss implementing the “Future Parking” Plan, which includes 143 potential parking stalls in the loading dock area. The parking will include 7 EV capable parking stalls. Building Architecture and Materials The parapets at the main entrances along the south façade has been raised up to emphasize the entrances and visually anchor the corners of the building, but it left 225 feet of façade between the entrances with no roofline variation. Based on a recommendation made by staff, the applicant raised the parapet at the vertical elements to provide more roofline variation. The west and east facades have similar vertical elements, which was addressed. See building elevations below. Revised Elevation Previous Elevation The Industrial zoning requires 75% of each façade to consist of two contrasting yet complimentary class I materials with one color variation. The class I material on the building includes architectural precast with scoring, glass, and cultured stone. The colors of the class I material include light tan, medium tan, dark bronze and limestone. Each façade complies with and exceeds the building material requirements. The building shell designed to be capable of supporting future solar panels. Landscaping and Tree Replacement The landscaping requirement is 1,160 caliper inches, which is provided. The landscaping is robust and includes trees, shrubs, and perennials. The plan provides a buffer along the east property line, trees and shrubs along Blue Circle and Yellow Circle Drive to screen the loading areas, foundation plantings to add interest at the base of the building, and trees to enhance the existing plantings along the highway. The applicant is proposing to save as many trees as they can around the perimeter of the site. The removal of the significant and heritage trees on the site results in a tree replacement requirement of approximately 1,080 caliper inches. The applicant will meet the tree replacement through the payment in lieu option for tree replacement. Attachments 1. City of Minnetonka Comments 2. Ordinance for Zoning Change 3. Staff Report 4. Planning Commission Minutes NEXUS AT OPUS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Office Zoning District and be placed in the Industrial (I-2) Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and shall be included hereafter in the Industrial (I-2) Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ________, 2024, entered into between Endeavor Nexus, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of June, 2024, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2024. ATTEST: ____________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024. EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, American Family Addition, Hennepin County, Minnesota. (Torrens Property - Certificate of Title No. 715407) Project Site City of Minnetonka TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: May 28, 2024 SUBJECT: Nexus Innovation Center Development LOCATION: 6131 Blue Circle Drive APPLICANT: REQUEST: Endeavor Development, LLC • Zoning Change from Office to I-2 on 14.35 acres • Site Plan Review on 14.35 acres 120 – DAY REVIEW PERIOD: September 10, 2024 BACKGROUND The applicant is requesting approval to build a 185,733 square foot industrial building on the property located at 6131 Blue Circle Drive. The site is 14.35 acres and was previously occupied by American Family Insurance. The property is in the far northeast corner of the City between the west bound on ramp to Highway 62 from Highway 212 and the northern city limits. The land on the north side of the subject property is located in the City of Minnetonka. The right-of- way for Yellow Circle Drive and Blue Circle Drive and the improvements within the right-of-way are owned by the City of Minnetonka. The property is served by the City of Minnetonka sanitary sewer and water. The properties to the north are located in the City of Minnetonka in the area known the Opus Business Park. The business park has a mix of uses including the Opus Light Rail Station, residential, office, industrial, and commercial. The property to the east is occupied by a systems engineering company in Eden Prairie, the property to the west is a vacant wooded lot in Eden Prairie and the land to the south is Highway 62 and 212. No specific tenant(s) have yet been identified for the proposed building. At this time, the applicant anticipates the building uses will be office and warehousing. Staff Report – Nexus Innovation Center Page 2 2 COMPREHENSIVE PLAN AND ZONING The property is designated as Industrial Flex Tech in the Comprehensive Plan. The Industrial Flex Tech designation allows office uses as well as light manufacturing, warehousing and distribution uses. The current zoning of the property is Office. The applicant is proposing to rezone the property from Office to Industrial (I-2). The I-2 zoning is consistent with the Industrial Flex Tech guiding in the Comprehensive Plan. SITE PLAN The applicant is proposing to demolish all the current buildings, the parking structure, parking lots etc. on the lot and build the industrial building in the center of the site with parking and loading along the perimeter of the building. There are currently three access points into the site. There are two driveways from Yellow Circle Drive and one driveway from Blue Circle Drive. The applicant is proposing to modify the driveway access points. The proposed plan includes one driveway from Yellow Circle Drive and two driveways from Blue Circle Drive, which maintains the current number of driveways. The location, width, and number of driveways is regulated by the City of Minnetonka. The front of the building will face the highway with the loading docks facing Blue Circle Drive. The proposal includes three main entrances into the building along the front. Stormwater management facilities are proposed along the east and south sides of the site. Staff Report – Nexus Innovation Center Page 3 3 PARKING The number of parking spaces is based on speculative uses within the building; 17,440 square feet of office space and 168,293 square feet of warehouse space. The plan as proposed requires 171 parking stalls and the plan includes 278 stalls. Even though the site plan as proposed includes more parking stalls than required under the proposed mix of office and warehouse space, the number of spaces allows for flexibility for possible additional office or manufacturing uses. The number of required parking stalls could be more than the number shown on the plan depending on the mix of office and warehouse space and the potential of adding manufacturing space. Keeping the amount of office space constant at 17,440 square feet and adding a manufacturing component, the number of proposed parking stalls can accommodate the office use plus a maximum of 42,293 square feet of manufacturing and 126,000 square feet of warehouse. If the number of parking stalls required by the mix of uses in the building exceed 278 parking stalls, the owner will be required through the Development Agreement to contact the City to discuss implementing the “Proof of Parking” Plan. The “Proof of Parking” Plan, submitted by the applicant, includes 146 parking future stalls in the loading dock area and 19 future parking stalls south of the parking lot along the south side of the building. The “Proof of Parking” shown south of the parking lot along the south side of the building should be removed from the proposal. Implementation of that portion of the proposed “Proof of Parking” would result in the loss of green space and landscaping. The landscaping in that location is needed to comply with the landscaping requirements. Providing “Proof of Parking” in the loading dock area requires some striping and possibly some modification to the loading docks. This is a simpler and more cost-effective solution. BUILDING ARCHITECTURE AND MATERIALS The proposed building is 750’ long by 250’ wide. The applicant breaks up the long facades with recesses and projections, changes in building material and colors, and the placement of windows. The main entrances to the building are emphasized through the use of mostly glass at the first level and above the entry, cultured stone and canopies/sun shades. Although the building is only one story, the building articulation and design makes the building appear to be two stories. The south facade includes windows along the first level with portions having similar windows above the first level, which provides light into the building and gives the appearance of two stories. Other portions include clerestory windows above the first level, which provides some light into the warehouse area. In the graphic below, the light gray areas are glass, and the darker bronze areas are painted to mimic the effect of glass, which will often reflect dark color. Staff Report – Nexus Innovation Center Page 4 4 The east and west facades have articulation similar to the south façade except that the entire façade does not have windows at the first level. The clerestory windows add light into warehouse. The parapets at the main entrances along the south façade has been raised up to emphasize the entrances and visually anchor the corners of the building, but this leaves 225 feet of façade between the entrances with no roofline variation. There is a vertical element on the south building façade between each entrance. Staff recommends raising the parapet at this vertical element to provide more roofline variation. The west and east facades have similar vertical elements. Staff recommends a similar treatment as the south façade. The Industrial zoning requires 75% of each façade to consist of two contrasting yet complimentary class I materials with one color variation. The class I material on the building includes architectural precast with scoring, glass, and cultured stone. The colors of the class I material include light tan, medium tan, dark bronze and limestone. Each façade complies with and exceeds the building material requirements. The rendering at the top of the next page depicts what the building is intended to look like. Staff Report – Nexus Innovation Center Page 5 5 TREE REPLACEMENT The site was originally developed throughout the 1970’s and 1980’s. As a result, the site has a significant number of mature trees. In addition to the wooded slope on the west side of the property, there are trees along the south, north, and east property lines and throughout the site creating a wooded campus. The applicant is proposing to save as many trees as they can around the perimeter of the site. The removal of the significant and heritage trees on the site results in a tree replacement requirement of approximately 1,080 caliper inches.. The applicant will meet the tree replacement through the payment in lieu option for tree replacement. LANDSCAPE PLAN City Code requires single story buildings over 20 feet tall to be considered two (2) stories for purposes of calculating the landscaping requirements. The proposed building height is 37 feet. In this proposal, the building is tall to accommodate a range of industrial uses that are demanded by the market. The landscaping requirement is calculated as follows: building footprint 185,733 square feet times two and divided by 320, which equals 1,160 caliper inches. The proposed Landscape Plan includes 1,130 caliper inches. The landscaping is robust and includes trees, shrubs, and Staff Report – Nexus Innovation Center Page 6 6 perennials. The plan provides a buffer along the east property line, trees and shrubs along Blue Circle and Yellow Circle Drive to screen the loading areas, foundation plantings to add interest at the base of the building, and trees to enhance the existing plantings along the highway. The applicant must revise the Landscape Plan to comply with the landscaping requirements prior to City Council review. SIDEWALKS AND TRAILS There is currently a trail on the north side of the property stretching from the easterly driveway onto Yellow Circle Drive to the east property line. This trail connects to a broader trail system that extends to the east and goes north into the Opus Business Park. A portion of the trail is in the Blue Circle Drive right-of-way and part of the trail is located on the subject property. The applicant is proposing to remove the section of the overall trail that is on the subject property. To provide pedestrian access to the broader trail system in the business park, the applicant is proposing a sidewalk along the south and east sides of the building that will continue in the right of way and connect with the trail system in the Opus Business Park. The City of Minnetonka has developed an Opus Area Placemaking + Urban Design Guide which includes a trail along the north property line. The proposed sidewalk should be replaced with a trail along the north property line. The City of Minnetonka will work with the applicant to fine tune the location of tail that better complies with the Opus Area Placemaking + Urban Design Guide than the proposed sidewalk. TRAFFIC STUDY The proposed project consists of a 185,733 square foot warehouse and office building with access from Blue Circle Drive and Yellow Circle Drive in Minnetonka. The project is adjacent to the Opus Business Park area of Minnetonka, which has an Alternative Urban Area Review (AUAR) administered by the City of Minnetonka that was started in 2020. This AUAR includes scenarios for modifying some of the streets and intersections in the area to accommodate current and future development in the Opus Business Park. The proposed development was analyzed for transportation and traffic impacts based on the identified uses and based on these future street modifications. Trip generation was estimated using the Institute of Transportation Engineers Trip Generation Manual 11th Edition. The development is expected to generate 115 peak hour trips in the AM and 120 peak hour trips in the PM. Essentially all trips are expected circulate on streets within the Opus Business Park and eventually connect to Highway 169 and Bren Road to the east or Highway 62 and Shady Oak Road to the west. The traffic study concluded that all intersections in their 2024 configuration can accommodate the additional traffic from this development and still operate at acceptable levels. The traffic study projected 2040 trip generation and distribution and concluded that all intersections would operate acceptably if the modifications identified in the AUAR are made. Pursuant to City Code 11.24. Subd. 10, all office and industrial developments and redevelopments require a Transportation Demand Management (TDM) Plan. For this development, the developer must complete a checklist of TDM strategies that they will commit to implement. Completion of the checklist will be covered in the Development Agreement. DRAINAGE/STORMWATER MANAGEMENT Based on the provided geotechnical data, the soils on site are primarily clayey soils belonging to Hydrologic Soil Group D. City Code and the Minnesota Pollution Control Agency (MPCA) prohibit stormwater infiltration BMPs within Group D soils. Thus, the development will utilize two stormwater ponds to provide rate control and water Staff Report – Nexus Innovation Center Page 7 7 quality benefits. One pond is proposed on the east side of the site, while a smaller one is proposed on the south side of the site. WETALND A Wetland Delineation Report was prepared for this property in May 2024. A wetland was identified near the southeast corner of the property. Most of the wetland is located in the Minnesota Department of Transportation (MnDOT) right-of-way with a very small piece extending onto the property. The wetland must be shown on the plans. This might impact the location of the proposed monument sign. LIGHTING The Photometric Plan includes wall pack lighting around the entire building with new pole lighting at each driveway to Blue Circle Drive. These fixtures provide lighting for the main entrances to the building, the parking areas, the driveways and for the loading dock areas. The Photometric Plan as proposed must be revised to show the new pole lights and the photometrics for those lights. SIGNS The site plan shows two new monument signs on the property and several wall signs. Prior to installing any of the signs, the signs must comply with the City of Eden Prairie sign requirements and the signs require approval through a separate permit. UTILITIES Sanitary sewer and water are provided by the City of Minnetonka. In 1977, Minnetonka and Eden Prairie entered into a Joint Powers Agreement for “sanitary and storm sewer and water facilities and street improvements” for the Eden Prairie properties located in Opus. Under the agreement: (1) Minnetonka constructed these facilities and assessed Eden Prairie; (2) Minnetonka is responsible for the maintenance of the sewer and water improvements; and (3) Minnetonka reads meters and charges Eden Prairie properties directly for sewer and water services. Detailed building use or fixture count information will be provided to Minnetonka prior to City Council review so the demands can be calculated and incorporated into Minnetonka’s AUAR model and the capacity impacts can be better understood. Minnetonka has indicated that they will not approve any increase in utility use. SUSTAINABILITY The applicant is proposing to incorporate the following sustainable features and practices: • Utilize the Energy Design Assistance Program • Incorporate EV charging. The Site Plan includes 7 parking stalls that are proposed to be EV capable. • Design the building so the shell is capable of supporting future installation of solar panels • Use efficient appliances and fixtures • Use Low VOC materials • Use sustainable landscape design principles including diversity in plant species, disease and drought resistant plants and native species • Use water efficient irrigation Staff Report – Nexus Innovation Center Page 8 8 The Building Sustainability Standards do not apply to this project because it is not a PUD. MINNETONKA REVIEW Copies of the plans were submitted to the City of Minnetonka. Comments are attached. STAFF RECOMMENDATION Recommend approval of the following requests: • Zoning Change from Office to I-2 on 14.35 acres • Site Plan Review on 14.35 acres This is based on plans submitted on May 1, 2024 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant must: A. In the Site Data, remove the word heavy in front of industrial, remove the word rear from setbacks there are only front and side setbacks perhaps call them front (Hwy 62) and front (Blue and Yellow Circle, the building height cannot be 41 feet without a waiver, what does (ROW) mean after side setbacks just say side. B. The Site Plan includes a label for the trash room. Does this also include recycling? C. The Site Plan must be revised to address the following: the minimum size of a parking lot island is 160 square feet. Many of the islands are labeled as 132 square feet. Measure to the front of the curb and label it 160 square feet otherwise you would need a waiver. Label the 70 square foot islands at the north side of the parking lot and to the east side of the building as 160 square feet. More area around the sidewalk can be counted to reach 160 square feet. D. The project requires 1,160 caliper inches of landscaping. The plan includes 1,130 caliper inches. The plan includes 265 caliper inches of deciduous trees and 575 caliper inches of evergreen trees. The total is 1,130. Revise the Landscape Plan by adding trees to comply with the 1,160 requirement. E. Revise the Landscape Plan by eliminating the removal of trees within the road right-of-way. The tree replacement calculation must be revised to address this change. Remove the proposed trees from the right-of-way and locating them on the subject property. F. Based on the boring logs for SB-17, SB-20 and SB-9, the borings do not extend to a depth of at least 5 feet below the bottom elevation of the basins. Please provide borings to a depth of at least 5 feet below the proposed basin bottom. G. The Plans must be revised to show the wetland boundaries. H. The annual TSS and TP discharges for the site under proposed conditions must not exceed conditions. Please summarize the existing and proposed discharges and provide supporting calculations. I. Either calculate time of concentration using TR-55 methods or use established minimum TOC (eg, MnDOT) J. For HydroCAD, there is a 0.55 acre increase in imperviousness between existing and proposed models. However, the site plan lists an increase in imperviousness of 0.75 ac. Please revise or explain this potential inconsistency. K. Modify plan notes to be Eden Prairie and/or Minnetonka (where applicable) L. Please move all hydrants to the building side of the parking lot on the islands. Staff Report – Nexus Innovation Center Page 9 9 M. Many trees near the back of the parking lot will not meet the root zone protection rule. Staff recommends adding small retaining walls on the Grading Plan to limit the root zone disturbance. N. Please update the total inches on site in the tree replacement calculation to reflect actual amount on the site. O. On the North Façade building material calculations, add the percentage of the metal dock doors and other doors as a Class II building material. P. Building height is measured to the top of the parapet. It should be measured from the average grade plane along each façade. If the building height exceeds 40 feet, a waiver is required. Q. Revise the Proof of Parking Exhibit by removing the proof of parking on the south side of the building. R. Provide a revised Lighting Plan showing the added lights and the footcandles. S. On the Site Plan, add a striped crosswalk where a pedestrian on the sidewalk would cross the drive lane. T. On the Landscape Plan, clearly label the bike racks. U. Revise the Landscape-Snow Storage Plan to show the proposed landscaping that is most up to date. V. On the Exterior Elevations, show the rooftop mechanicals and how they are being screened. W. Revise the narrative as follows: revise the section on architecture to reflect the most recent design. Describe the material being used, the building articulation etc. with language about how the building is similar to those at Arbor Lakes. Building height is measured to the top of the parapet so the 32' high number should be revised. Revise the section on sustainability to cover the addition of the EV charging, and add language from the sustainable features analysis, revise the square footage of the building listed to match the plans. X. Revise the Exterior Elevations by raising the parapet at all the vertical elements. Y. Complete a checklist of TDM strategies that they will commit to implement. Completion of the checklist will be a condition of the Development Agreement. Z. Revise the plan to show a trail along the north property line, to be verified by the City of Minnetonka and their Opus Area Placemaking + Urban Design Guide. 2. Prior to land alteration permit issuance, the applicant must: A. Obtain permits and approvals from other agencies as needed. B. Obtain City approval of a final grading and drainage plan for the property. C. Submit detailed utility and erosion control plans for review and approval by the City Engineer. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Provide a construction grading limits and tree protection plan for review and approval by the City. G. Install erosion control at the grading limits of the property for review and approval by the City. H. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. I. Submit and receive written approval of an executed landscape agreement. J. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. K. Obtain written approval of a Wrecking Permit for the removal of buildings on the property. L. Make a cash payment for Tree Replacement as provided by City Code. M. Obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Staff Report – Nexus Innovation Center Page 10 10 N. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. O. Submit a Wetland Plan for approval by the Water Resources Coordinator. P. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater Facilities has been recorded. 3. Prior to building permit issuance for the property, the applicant must: A. Provide a checklist of TDM strategies and provide financial security equal to the cost of implementing the 1st two years of the plan. 4. Prior to issuance of an Occupancy Permit, the applicant must: A. Construct the retaining wall(s) in accordance with the terms of the permit and terms and conditions of Exhibit C. B. Complete implementation of the lighting plan in Exhibit B. C. Complete construction of mechanical equipment screening. D. Install EV capable parking stalls as shown on the plans. E. Complete implementation of the approved exterior materials and colors plan. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 28, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL John Kirk was absent. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Sivilay to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Farr moved, seconded by Taylor to approve the minutes of April 8, 2024 . MOTION CARRIED 8-0. V. PUBLIC HEARINGS A. NEXUS INNOVATION CENTER (2024-04)) Request for • Zoning Change to I-2 on 14.35 acres • Site Plan Review on 14.35 acres Josh Budish, founder and Principal of Endeavor Development, presented a PowerPoint and detailed the application. This development would construct a new 185,733 square foot modern business center on the former office campus for PLANNING COMMISSION MINUTES May 28, 2024 Page 2 American Family Insurance. The applicant requested a rezone to I-2 Industrial Park, which was consistent with the Aspire 2040 guidance of Industrial Flex Tech. Budish displayed the existing property along Highway 62 and explained it was and would continue to be served by Minnetonka regarding sewer and water. Budish displayed the site plan showing the front parked, rear loaded modern business center, which he explained would include EV readiness and would preserve many existing trees. He explained the robust landscaping plan and displayed elevations with exterior materials and a finish key. Painted precast concrete would be used along with stone veneer and metal canopy and window frames. He displayed the glass and signature materials on the first and second floors via a rendering. Glazing and paint on the second and third floors would create a faux fenestration to give a pleasing appearance. He displayed interior renderings showing light manufacturing, warehouse, and showroom uses. Budish stated this project would revitalize an underutilized site, providing jobs. Barnhart presented the staff report. The flex building would offer 17,000 square foot of office space and the balance for warehousing. The parking offered flexibility that met the Zoning Codes and Standards of I-2 without requiring waivers. Staff was confident the attached list of required changes could be fulfilled before the City Council meeting later in June. Minnetonka would issue the utility and right-of-way permits and staff would continue to work with the applicant on wayfinding goals before final approval. Staff recommended approval of the application. Weber referenced staff’s “to do” list of changes, stating it appeared in the style of requests. Barnhart confirmed these were indeed requirements, not merely requests. Taylor asked how many warehouses existed in Eden Prairie. Barnhart replied he did not know offhand, but added most were a combination of warehouse and another use as here. Taylor asked what the occupancy was in Industrial warehousing in Eden Prairie. Barnhart replied three or four buildings in Eden Prairie were completely vacant, with the rest at least partially occupied, according to the assessor. Sivilay asked if there were loading docks attached to the proposed building, and Barnhart replied they were on the north side of the building. Sivilay asked if there were concerns with the one way road, and Barnhart replied there were no access concerns. Farr asked for and received confirmation the widened center driveway met City standards for access and turning. Barnhart stated this was not dedicated solely for personal vehicles but also provided for truck and pedestrian traffic. Farr asked about possible parking assumptions for a potential second floor mezzanine. Barnhart replied staff did not take that into account in this situation. Staff did not anticipate a second floor mezzanine. If it was proposed in the future it would trigger a waiver, and therefore another public hearing. PLANNING COMMISSION MINUTES May 28, 2024 Page 3 Duncan asked if it was common for this many conditions (via the “to do” list) required before City Council approval. Barnhart replied this was not typically provided; usually these were worked out beforehand during the development review process but this project was more time-sensitive. Duncan asked if the City of Minnetonka’s access guidelines would govern this project, since the City had jurisdiction in that regard, and Barnhart replied this would follow the City of Minnetonka’s requirements. Minnetonka staff had not commented on the driveway but on the trail and right-of-way, not the number of accesses. Duncan asked for and received confirmation there was no need to change the access. Duncan noted this was an attractive building, and commended the development. She asked how the painting would work in conjunction with the windows. Budish displayed the materials slide again and replied the charcoal paint on smooth concrete would look like windows from afar and even close in, meant to trick the eye and be an extension of the glass fenestration. MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 8-0. Farr commended the infill project’s design and the site’s change in use and expressed support for the development. Sherwood agreed and this was also good timing for the project. MOTION: Duncan moved, seconded by Weber to recommend a Zoning Change to I-2 on 14.35 acres and a site Plan Review on 14.35 acres as represented in the May 28, 2024 staff report. Motion carried 8-0. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: June 18, 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 309233 - 309860 Wire Transfers 1036028 - 1036145 Wire Transfers 10460 - 10511 Purchasing Card 10487 City of Eden Prairie Council Check Summary 6/18/2024 Division Amount Division Amount 100 City Manager 17,756 304 Senior Board 334 101 Legislative 9,192 308 E-911 427 102 Legal Counsel 44,248 315 Economic Development 12,472 110 City Clerk 866 445 Cable PEG 12,485 111 Customer Service 6,894 502 Park Development 12,120 112 Human Resources 536 509 CIP Fund 78,256 113 Communications 12,977 513 CIP Pavement Management 42,567 114 Benefits & Training 5,292 522 Improvement Projects 2006 616 130 Assessing 499 526 Transportation Fund 17,735 131 Finance 471 539 2020 Improvement Projects 9,445 132 Housing and Community Services 500 541 DELL RD (CRESTWOOD TO CSAH 61)35,727 133 Planning 267 542 Willow Creek Street/Utilities 3,165 136 Public Safety Communications 4,616 543 Police Remodel 25,185 137 Economic Development 385 Total Capital Projects Fund 250,534 138 Community Development Admin.667 150 Park Administration 147 601 Prairie Village Liquor 192,012 151 Park Maintenance 72,187 602 Den Road Liquor 333,086 153 Organized Athletics 4,077 603 Prairie View Liquor 212,890 154 Community Center 47,433 605 Den Road Building 8,937 156 Youth Programs 16,091 701 Water Enterprise Fund 615,263 157 Special Events 399 702 Wastewater Enterprise Fund 400,373 158 Senior Center 3,496 703 Stormwater Enterprise Fund 167,765 159 Recreation Administration 2,635 Total Enterprise Fund 1,930,326 160 Therapeutic Recreation 1,209 162 Arts 10,085 316 WAFTA 182 163 Outdoor Center 735 802 494 Commuter Services 46,052 168 Arts Center 3,954 806 SAC Agency Fund 188,860 180 Police Sworn 48,118 807 Benefits Fund 1,287,532 184 Fire 26,355 810 Workers Comp Insurance 314,503 186 Inspections 2,211 811 Property Insurance 323,785 200 Engineering 2,249 812 Fleet Internal Service 379,679 201 Street Maintenance 40,050 813 IT Internal Service 250,857 202 Street Lighting 2,984 814 Facilities Capital ISF 703 Total General Fund 389,578 815 Facilites Operating ISF 74,775 816 Facilites City Center ISF 94,385 301 CDBG 20,264 817 Facilites Comm. Center ISF 42,122 303 Cemetary Operation 3,967 818 Dental Insurance 17,413 312 Recycle Rebate 7,622 Total Internal Svc/Agency Funds 3,020,847 Total Special Revenue Fund 31,853 Report Total 5,623,138 City of Eden Prairie Council Check Register by GL 6/18/2024 Check #Amount Supplier / Explanation Account Description Business Unit Comments 309332 638,288 LEAGUE MN CITIES INS TRUST WC Insurance Insurance Insurance Premiums 309342 383,901 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee June 2024 10483 313,762 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.17.24 10506 313,755 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.31.24 309513 255,048 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Change out 10481 225,915 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.03.24 10504 223,327 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.17.24 309343 186,971 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund Apr24 SAC charges 1036121 172,206 SHI CORP Software Maintenance IT Operating Software Maint. and Licenses 309793 124,191 FITZGERALD EXCAVATING & TRUCKING INC Improvement Contracts Stormwater Capital 2023 Pond Dredging Projects 309638 121,919 BOYER TRUCKS Autos Fleet - Public Works New Freightliner 162 10487 87,576 USB-PURCHASING CARD Various Various 309295 71,878 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Capital 309499 65,029 KNOX COMPANY Capital Under $25,000 Capital Maint. & Reinvestment 309514 53,242 MIDWAY FORD Autos Fleet - Public Works 10509 52,615 U S BANK Interest Water Capital 1036110 52,092 GRANICUS INC Other Contracted Services IT Operating 309470 48,558 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint Various Funds 309517 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 309494 46,600 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital 309337 45,916 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire 309652 45,521 DODGE OF BURNSVILLE Autos Fleet - Police 1036111 44,242 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 309657 40,922 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 10485 39,994 EMPOWER Deferred Compensation Health and Benefits 1036056 37,949 WSB & ASSOCIATES INC Design & Engineering Stormwater Capital 1036122 37,084 SRF CONSULTING GROUP INC Design & Engineering General Fund 10508 35,499 EMPOWER Deferred Compensation Health and Benefits 309637 34,185 BKV GROUP OCS - General Bldg Police Remodel 309303 34,060 BLUE WATER SCIENCE OCS - Monitoring Stormwater Non-Capital 10507 33,168 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 309597 31,960 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1036077 30,141 XCEL ENERGY Electric Various Funds 309716 23,212 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 309796 22,385 GRAYMONT Treatment Chemicals Water Treatment 309810 22,226 LANO EQUIPMENT INC Capital Under $25,000 Street Maintenance 309588 22,046 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 309260 21,785 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 309797 21,291 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 10484 19,914 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 309758 18,694 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost) 309722 18,507 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 309325 17,925 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 10492 17,281 WEX HSA - Employee Health and Benefits 10463 17,181 WEX HSA - Employee Health and Benefits 1036135 16,940 BRAUN INTERTEC CORPORATION Design & Engineering CIP Pavement Management 309575 16,867 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments30980716,748 JOHNSON FITNESS & WELLNESS Capital Under $25,000 Fitness Center 309532 16,698 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 309481 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store 10486 16,078 PAYCHEX Wages and Benefits MM 494 Corridor Commission 309620 15,490 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 309480 14,893 GRAYMONT Treatment Chemicals Water Treatment 309834 14,800 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal 309735 14,656 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1036059 14,104 CENTERPOINT ENERGY Gas Various Funds 309542 14,102 SSI KEF SLB LLC Electric Various Funds 309474 13,965 FIVE STAR BATH SOLUTIONS Other Contracted Services Rehab 309266 13,061 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 309729 12,250 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 309612 12,123 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 309528 11,500 PHOTOSHELTER INC Software Maintenance IT Operating 309284 11,482 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 309301 11,268 BADGER METER Conference/Training Utility Operations - General 309718 11,085 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 309822 10,656 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 1036113 10,500 ITRON INC.Maintenance Contracts Water Metering 309390 10,391 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 309589 10,091 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 309767 10,077 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating 309691 10,049 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 309498 10,000 KNIGHT BARRY TITLE UNITED LLC Accounts Receivable TIF-Eden Shores Senior Housing 309357 9,905 SCHICHTELS NURSERY INC Landscape Materials/Supp Tree Replacement Fund 309743 9,880 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 309757 9,652 SAFETY FIRST PLAYGROUND MAINTENANCE Landscape Materials/Supp Park Maintenance 309261 9,550 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 309279 9,429 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 309244 9,273 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 309605 9,096 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 309384 9,080 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 309737 8,947 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 309698 8,923 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1036105 8,261 BIFFS INC Waste Disposal Park Maintenance 309360 8,238 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Wastewater Capital 309559 8,167 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating 309237 7,886 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 309398 7,732 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 309449 7,538 ASPEN MILLS Clothing & Uniforms Fire 309467 7,472 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 309318 7,371 GRAYMONT Treatment Chemicals Water Treatment 309272 7,311 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 309658 7,265 GRAYMONT Treatment Chemicals Water Treatment 309586 7,166 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 309568 7,109 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 309404 7,084 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 309825 6,985 MOBOTREX INC Operating Supplies Traffic Signals 309530 6,872 POOLWEB LLC Capital Under $25,000 Pool Operations 309717 6,772 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3096266,735 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 309435 6,665 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 309477 6,614 GAMETIME Building Materials Capital Maint. & Reinvestment 309838 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 309322 6,409 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 309288 6,272 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1036125 6,265 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1 10460 6,192 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission 309378 6,100 WAYNES HOME SERVICES Window Washing City Center - CAM 309444 6,091 ALADTEC INC Software Maintenance IT Operating 10464 6,086 HEALTHPARTNERS Dental Insurance Dental Insurance 309841 6,070 SOCCER SHOTS Instructor Service Recreational Sports 309844 6,010 STANTEC CONSULTING SERVICES INC Other Contracted Services Capital Maint. & Reinvestment 309382 6,004 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 309427 5,994 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 309751 5,912 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 309705 5,875 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 10493 5,816 HEALTHPARTNERS Dental Insurance Dental Insurance 309553 5,796 UNITED STATES CONFERENCE OF MAYORS, THE Dues & Subscriptions City Council 309489 5,740 HINTERLAND CSG LLC Electric Facilities Operating ISF 309855 5,720 VESSCO INC Repair & Maint. Supplies Water Treatment 309602 5,704 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 309688 5,668 CATALYST GRAPHICS INC Postage Communications 1036064 5,554 GRAINGER Building Repair & Maint.General Community Center 309808 5,513 JOHNSTONE SUPPLY Capital Under $25,000 Park Shelters 10476 5,512 HEALTHPARTNERS Dental Insurance Dental Insurance 309250 5,411 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 309383 5,347 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 309792 5,344 FIRE SAFETY USA INC Equipment Parts Fleet Operating 1036112 5,151 HORIZON COMMERCIAL POOL SUPPLY Supplies - Plumbing Pool Maintenance 309569 5,105 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 309687 5,053 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 309668 5,034 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 309440 5,013 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 309406 4,941 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 309650 4,880 CROSS NURSERIES Landscape Materials/Supp Tree Replacement Fund 309379 4,872 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3 309540 4,868 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 309768 4,821 BOLTON & MENK INC Design & Engineering Capital Maint. & Reinvestment 309363 4,819 SOLUTION BUILDERS Computers 494 Corridor Commission 309672 4,800 MN TACTICAL OFFICERS ASSOCIATION Training Supplies Police Sworn 309816 4,788 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits 309692 4,786 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 309632 4,740 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost) 309840 4,674 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 309331 4,653 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 309775 4,642 CLEAN RIVER Operating Supplies Recycle Rebate 309492 4,612 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Fire Station #1 309811 4,512 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 309375 4,511 VAN PAPER COMPANY Cleaning Supplies Fire Station #3 309759 4,510 ABSOLUTELY STUMPED Other Contracted Services Tree Removal Check #Amount Supplier / Explanation Account Description Business Unit Comments3093234,468 HEALTHPARTNERS Wages and Benefits MM 494 Corridor Commission 309669 4,350 MHSRC/RANGE Training Police Sworn 309843 4,343 SPORTS IMPORTS INC Operating Supplies Volleyball 309539 4,331 SIR LINES-A-LOT Contracted Striping Traffic Signs 309280 4,285 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 309624 4,261 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1036067 4,069 METRO SALES INCORPORATED*Equipment Rentals IT Operating 309761 4,049 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost) 309583 4,040 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 309685 4,000 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund 309419 3,935 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 309580 3,875 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 309411 3,780 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 309473 3,762 FIRST RESPONSE MENTAL HEALTH INC Other Contracted Services Police Sworn 309660 3,758 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store 309281 3,751 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 309824 3,738 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 309258 3,737 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1036126 3,727 XCEL ENERGY Electric Various Funds 1036076 3,711 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 1036070 3,637 REINDERS INC Chemicals Park Maintenance 309782 3,622 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating 1036062 3,606 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 309329 3,603 KNOX COMPANY Software Maintenance Public Safety Communications 309614 3,590 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 309813 3,585 LOWELL, CAROL OR BRUCE Equipment Repair & Maint Wasterwater Collection 309269 3,578 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1036065 3,550 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 309640 3,535 BROTHERS GUTTERS Other Contracted Services Rehab 309399 3,413 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 309590 3,405 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 309336 3,333 LOCKRIDGE GRINDAL NAUEN PLLP Legal Transportation Fund 10498 3,297 WEX FSA - Medical Health and Benefits 309613 3,285 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 309769 3,260 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 309317 3,236 FIRE SAFETY USA INC Equipment Parts Fleet Operating 309736 3,226 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 309727 3,211 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 309453 3,206 BRYAN ROCK PRODUCTS INC Repair & Maint. Supplies Water Distribution 309509 3,206 MARTIN MARIETTA MATERIALS Repair & Maint. Supplies Streets Pavement 309429 3,155 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 309234 3,136 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 309529 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 309327 2,990 INNOVATIVE GRAPHICS Clothing & Uniforms Safety Camp 309713 2,987 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 309307 2,980 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 309381 2,968 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 309595 2,956 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 309726 2,874 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 10469 2,848 WEX FSA - Medical Health and Benefits 309633 2,815 ASPEN MILLS Clothing & Uniforms Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments3095702,807 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 309395 2,806 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1036108 2,752 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 309348 2,670 NATURES STONE AND GRANITE LLC Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 309262 2,637 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 309538 2,610 SAMBATEK INC Design & Engineering Wastewater Capital 1036143 2,600 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 309507 2,547 LLOYDS CONSTRUCTION Sweeping Stormwater Non-Capital 309740 2,535 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 309265 2,491 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 309763 2,439 ARVIG ENTERPRISES INC Telephone IT Operating 309426 2,420 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 309573 2,414 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 309490 2,385 HOPE HAVEN INC Landscape Materials/Supp Tree Replacement Fund 309508 2,367 MACQUEEN EQUIPMENT INC Protective Clothing Fire 309496 2,334 KING WENDY Other Contracted Services Rehab 309850 2,332 THE ADVENT GROUP Temp 494 Corridor Commission 309350 2,307 PERA Wages and Benefits MM 494 Corridor Commission 309527 2,307 PERA Wages and Benefits MM 494 Corridor Commission 309428 2,257 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 309817 2,244 MARTIN MARIETTA MATERIALS Pavement Rehab Wasterwater Collection 309641 2,236 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 309701 2,232 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 309356 2,220 RICHFIELD PRINTING INC Office Supplies Customer Service 309747 2,199 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 309677 2,163 RIVERS EDGE CONCRETE Pavement Rehab Streets Pavement 309278 2,148 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 309721 2,128 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 309366 2,110 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 10479 2,103 WEX FSA - Medical Health and Benefits 1036141 2,076 HACH COMPANY Laboratory Chemicals Water Treatment 309238 2,074 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1036068 2,051 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #1 1036071 2,025 SPS COMPANIES Supplies - HVAC City Center - CAM 309608 2,023 WINEBOW Liquor Product Received Den Road Liquor Store 309800 2,016 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 309610 1,996 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 309286 1,986 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 309794 1,941 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 309618 1,934 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 309345 1,905 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 309585 1,900 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 10472 1,900 WEX HSA - Employer Health and Benefits 309510 1,875 MARTIN-MCALLISTER Employment Support Test Organizational Services 309664 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 309291 1,844 WINEBOW Liquor Product Received Prairie View Liquor Store 309693 1,837 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 309468 1,797 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 309755 1,794 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 309417 1,784 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 309402 1,751 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3097861,750 EARL F ANDERSEN INC Operating Supplies Traffic Signs 309469 1,714 DURKEE, DAVID Operating Supplies Theatre Initiative 309770 1,700 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services Sustainable Eden Prairie 309422 1,682 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 309276 1,644 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 309312 1,629 CORE & MAIN Repair & Maint. Supplies Water Distribution 309242 1,618 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1036052 1,617 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery 309338 1,605 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement 309335 1,597 LLOYDS CONSTRUCTION Sweeping Stormwater Non-Capital 309696 1,591 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 309734 1,590 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 309442 1,590 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 309566 1,568 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309362 1,560 SMOKIN HOT DISH Miscellaneous Volunteers 1036039 1,556 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 309377 1,550 W L HALL CO Contract Svcs - General Bldg City Hall (City Cost) 10477 1,534 WEX FSA - Medical Health and Benefits 1036101 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost) 309394 1,519 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 309645 1,500 CITY OF SAINT PAUL Other Rentals Police Sworn 309803 1,497 HOMELAND SECURITY AND EMERGENCY MANAGEME Other Revenue General Fund 309576 1,486 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 309248 1,457 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 309333 1,452 LEGACY GYMNASTICS Instructor Service Recreational Sports 309746 1,444 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 309683 1,442 THE ADVENT GROUP Temp 494 Corridor Commission 1036035 1,428 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 309254 1,422 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 309560 1,415 YORKTOWN OFFICES Rent 494 Corridor Commission 309700 1,406 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 309486 1,356 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 309533 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 309388 1,348 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 309433 1,345 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1036043 1,337 ELLIS, ROBERT Tuition Reimbursement/School Organizational Services 1036097 1,322 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 309439 1,308 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 309853 1,302 US LEGACY PROMOTIONS Operating Supplies Inspections-Administration 309476 1,278 GAME ONE Operating Supplies Park Maintenance 309818 1,270 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 309690 1,256 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309268 1,256 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 309263 1,255 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 309537 1,252 REIKI WITH BAILEE LLC Other Contracted Services Specialty Fitness Programs 309579 1,224 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 309774 1,221 CINTAS CORPORATION Safety Supplies Community Center Admin 309471 1,220 FASTSIGNS Operating Supplies Recreation Admin 309771 1,219 CENTURYLINK Telephone City Center - CAM 309443 1,203 AIRGAS USA LLC Contract Svcs - Pool Fire 309282 1,203 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3093671,200 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 309860 1,200 NATIONAL COMPUTER TECHNOLOGIES Other Contracted Services Organizational Services 309678 1,193 SCOTT COUNTY TREASURER Other Rentals Police Sworn 309358 1,185 SCOTT COUNTY Autos Fleet - Park & Rec 1036142 1,178 METROPOLITAN FORD Equipment Parts Fleet Operating 309702 1,160 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 309812 1,154 LEGACY GYMNASTICS Instructor Service Recreational Sports 309733 1,151 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 309410 1,151 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 309662 1,142 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Various Funds 309854 1,133 VAN PAPER COMPANY Cleaning Supplies General Community Center 309339 1,131 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store 1036081 1,126 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 309694 1,119 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 309290 1,113 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 309599 1,105 MEGA BEER Liquor Product Received Den Road Liquor Store 309649 1,100 CORE & MAIN Repair & Maint. Supplies Water Distribution 309728 1,098 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 1036096 1,097 FASTENAL COMPANY Operating Supplies Capital Outlay Parks 309598 1,092 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1036079 1,090 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 309548 1,087 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 309710 1,082 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 309359 1,075 SHADYWOOD TREE EXPERTS INC Equipment Repair & Maint Tree Removal 1036031 1,072 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 309806 1,065 INNOVATIVE GRAPHICS Clothing & Uniforms Tennis 309795 1,060 GERTENS Landscape Materials/Supp Park Maintenance 309591 1,057 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 309389 1,050 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1036084 1,034 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1036072 1,023 STREICHERS Clothing & Uniforms Police Sworn 309601 1,019 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 309438 1,015 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 10495 1,013 WEX FSA - Medical Health and Benefits 1036034 1,008 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 309681 1,008 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 309505 1,000 LIGHT, REGINA M Other Contracted Services Theatre Initiative 309549 983 THE ADVENT GROUP Temp 494 Corridor Commission 309600 981 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 309847 943 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 10491 931 WEX Other Contracted Services Health and Benefits 309432 930 DOMACE VINO Liquor Product Received Prairie View Liquor Store 309239 920 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 309368 913 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 309314 900 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 309316 900 FINCH MICHAEL Other Contracted Services Arts 309351 900 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 10467 898 WEX FSA - Medical Health and Benefits 309511 891 MCCORMICK INSULATION INC Building Repair & Maint.Utility Operations - General 309369 886 THE ADVENT GROUP Temp 494 Corridor Commission 309283 882 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments309274882SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 309603 869 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 309488 867 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 309738 861 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 309412 858 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 309562 857 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 10482 856 UKG INC Garnishment Withheld Health and Benefits 10505 856 UKG INC Garnishment Withheld Health and Benefits 309487 850 HENNEPIN COUNTY CHIEFS OF POLICE Dues & Subscriptions Police Sworn 309447 848 AQUA LOGIC INC Supplies - Pool Pool Maintenance 309623 848 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 309856 845 VESTIS SERVICES LLC Janitor Service Prairie View Liquor Store 309319 841 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 309462 834 CORE & MAIN Repair & Maint. Supplies Water Distribution 309334 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn 309374 833 VACKER INC Signs Park Maintenance 309574 833 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1036088 831 VINOCOPIA Liquor Product Received Prairie View Liquor Store 309544 829 STAPLES ADVANTAGE Office Supplies Customer Service 309247 829 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 309789 826 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 309842 815 SOLUTION BUILDERS Computers 494 Corridor Commission 309405 805 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 309534 801 PRINCIPAL FINANCIAL GROUP Wages and Benefits KT 494 Corridor Commission 309371 800 T-MOBILE USA Other Contracted Services Police Sworn 309799 795 HEALTH STRATEGIES Health & Fitness Fire 309364 784 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 309392 768 MEGA BEER Liquor Product Received Den Road Liquor Store 309441 756 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 309503 755 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn 10500 747 WEX FSA - Medical Health and Benefits 309659 745 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 309667 740 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement 309829 734 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center 309765 731 AVOLVE SOFTWARE Software IT Operating 1036087 730 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 309684 716 T-MOBILE Cell/Pager Plans IT Operating 309423 712 WINEBOW Liquor Product Received Prairie Village Liquor Store 309535 703 QUETICA LLC Other Contracted Services Facilities Capital 309506 699 LINE X COATINGS Autos Fleet - Police 1036107 695 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 1036083 694 VINOCOPIA Liquor Product Received Den Road Liquor Store 309385 691 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 309720 691 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 309315 686 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Lincoln Lane 309409 684 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 309298 681 AQUA LOGIC INC Supplies - Pool Pool Maintenance 309845 677 STAPLES ADVANTAGE Office Supplies Customer Service 309252 677 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 309434 675 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 309577 670 MEGA BEER Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments309285668PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 309686 665 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 309593 663 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 309596 660 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1036109 656 GRAINGER Operating Supplies General Community Center 309424 654 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 309430 653 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1036038 652 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 309465 650 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery 309731 644 TRUE BRANDS Liquor Product Received Den Road Liquor Store 10478 636 WEX FSA - Medical Health and Benefits 309235 628 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309859 626 PETTY CASH Various General Fund 309760 625 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 309630 622 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 309344 622 MHSRC/DDP Other Contracted Services Senior Center Programs 10474 621 WEX FSA - Medical Health and Benefits 309670 616 MIDLAND NURSERY Improvement Contracts Improvement Projects 2006 309293 611 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 309764 606 ASPEN MILLS Clothing & Uniforms Fire 1036129 603 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 309396 600 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 309259 599 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 309240 597 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 309814 597 LUBE TECH RELIABLE PLUS INC Equipment Testing/Cert.Fleet Operating 1036066 596 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals 309742 590 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1036116 583 MENARDS Operating Supplies Various Funds 309324 578 HOSE PROS, INC Repair & Maint. Supplies Park Maintenance 309646 575 COIT SERVICES MINNESOTA INC Janitor Service Fire Station #3 309607 574 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 309536 573 QUIGLEY JONATHAN JR Other Contracted Services Theatre Initiative 309294 560 AMAZING ATHLETES OF CENTRAL MN Instructor Service Recreational Sports 309452 560 BOUND TREE MEDICAL LLC EMS Supplies Fire 1036131 558 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 309407 557 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 309648 557 CONSTRUCTION MATERIALS INC Pavement Rehab Streets Pavement 309621 553 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 10501 547 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 309673 540 NAUTICAL BOWLS Merchandise for Resale Concessions 1036132 538 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 309472 534 FIRE SAFETY USA INC Equipment Parts Fleet Operating 309581 528 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 309788 522 EDEN PRAIRIE SCHEELS Clothing & Uniforms Facilities Staff 309631 519 ALLEGRA PRINTING Printing Communications 309711 518 WINEBOW Liquor Product Received Prairie Village Liquor Store 309805 517 INDIGO SIGNWORKS, INC.Operating Supplies Fitness Center 10494 504 WEX FSA - Medical Health and Benefits 309340 500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 309493 500 JOHNSON ARIEL Other Contracted Services Theatre Initiative 309255 499 WINEBOW Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments309656496EPIC EVENT RENTAL Other Rentals Purgatory Creek Park 1036055 493 SUMMIT FIRE PROTECTION Contract Svcs - Fire/Life/Safe Dunn Brothers 309289 488 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 309349 485 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM 309330 480 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Building 51 309719 477 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 309578 476 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1036030 473 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 309815 471 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1036123 468 STREICHERS Clothing & Uniforms Police Sworn 309415 467 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 309454 464 CAMFIL USA INC Supplies - HVAC Pool Maintenance 309772 461 CENTURYLINK Internet Various Funds 309671 458 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 309587 457 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 1036074 452 ULINE Office Supplies Police Sworn 1036053 450 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 309783 450 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 309456 443 CENTURYLINK Internet Various Funds 1036134 437 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 309400 437 WINEBOW Liquor Product Received Den Road Liquor Store 1036128 435 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1036033 435 VINOCOPIA Liquor Product Received Den Road Liquor Store 309753 434 TRUE BRANDS Liquor Product Received Prairie View Liquor Store 309707 431 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 1036073 428 TWIN CITY SEED CO Building Materials Park Maintenance 309437 427 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036069 426 PREMIUM WATERS INC Operating Supplies - Water Fire 10502 425 WEX HSA - Employer Health and Benefits 1036138 423 CUSTOM HOSE TECH Equipment Parts Fleet Operating 309629 420 M-R SIGN CO INC Signs Traffic Signs 309416 416 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 309526 411 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1036102 405 METROPOLITAN FORD Equipment Parts Fleet Operating 309831 405 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 309270 404 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 309393 402 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 309766 400 BALLARD-SUNDER FUNERAL & CREMATION Operating Supplies Fire 1036103 400 THOMPSON, RANDY Other Contracted Services Police Sworn 309745 391 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 309571 390 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 309739 390 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store 309790 390 ESTRINE, ROBERT Other Contracted Services Community Band 309320 383 GROTH MUSIC Operating Supplies Community Band 309313 379 DETECTACHEM INC Operating Supplies Police Sworn 309695 376 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 309321 375 GYM WORKS Equipment Repair & Maint Fitness Center 309233 375 ESENSTEN RICHARD Deposits General Fund 309376 372 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store 309421 372 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 309622 371 MEGA BEER Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments309780370COREMARK METALS Operating Supplies Fleet Operating 309460 360 COMCAST Cable TV Fire 309830 360 PERFORMANCE KENNELS INC Canine Supplies Police Sworn 309709 360 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 309550 359 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 309521 357 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 309391 355 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 309413 355 MEGA BEER Liquor Product Received Prairie Village Liquor Store 309801 353 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 309552 350 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery 309848 350 TACTICAL 21 POLICE K-9 CERTIFICATION GRP Tuition Reimbursement/School Police Sworn 309246 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 309653 341 EARL F ANDERSEN INC Operating Supplies Traffic Signs 1036095 337 EICHMAN NATHAN Canine Supplies Fleet Operating 309292 336 ACEK9.COM Dues & Subscriptions Police Sworn 309832 333 POLLARD WATER Repair & Maint. Supplies Water Distribution 309827 330 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 1036130 328 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 309699 328 MILK AND HONEY CIDERS Liquor Product Received Prairie Village Liquor Store 1036093 327 CONCRETE CUTTING AND CORING Equipment Repair & Maint Street Maintenance 309543 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire 309802 325 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn 309732 323 VENN BREWING COMPANY Liquor Product Received Den Road Liquor Store 309828 322 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 309373 322 TWIN CITIES & WESTERN RAILROAD COMPANY AR Utility Water Enterprise Fund 1036136 320 CARLSTON, BRANDON Canine Supplies Police Sworn 309634 320 AXON ENTERPRISE INC Software Maintenance IT Operating 309491 319 INTERSTATE ALL BATTERY CENTER Supplies - General Bldg Ice Arena Maintenance 309655 319 EDEN PRAIRIE SCHEELS Clothing & Uniforms Facilities Staff 1036092 318 CASE, RON Travel Expense City Council 309387 318 DOMACE VINO Liquor Product Received Den Road Liquor Store 1036045 315 GORDHAMER SCOTT Clothing & Uniforms Police Sworn 309515 314 MINNESOTA AIR INC Building Repair & Maint.Water Supply (Wells) 309616 306 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1036120 305 PREMIUM WATERS INC Operating Supplies - Water Fire 309628 304 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 309833 303 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 309241 303 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 309558 301 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 309297 300 ANDERSON BILL Special Event Fees Senior Board 309355 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 309777 300 COMCAST Phone/Data/Web 494 Corridor Commission 1036133 299 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 309582 297 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 309676 296 PROP - PR Charitable Contributions Health and Benefits 309798 289 GYM WORKS Equipment Repair & Maint Police Sworn 10470 289 US BANK - PAYMODE Bank and Service Charges Finance 309243 285 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 309273 284 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 309556 280 VISWANATHAN JAYALAKSHMI P&R Refunds Community Center Admin 309619 278 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments309752276STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 309682 275 TARPS INC Operating Supplies Staring Lake 309431 268 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store 309689 267 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1036042 264 BERRY COFFEE COMPANY Merchandise for Resale Concessions 309680 262 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 309715 260 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 309857 260 VISWANATHAN JAYALAKSHMI P&R Refunds Community Center Admin 309466 256 DELTA DENTAL Wages and Benefits MM 494 Corridor Commission 309482 251 GRIMCO INC Operating Supplies Traffic Signs 309253 250 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 309450 245 AT & T Other Contracted Services Police Sworn 309785 244 DISPLAY SALES Repair & Maint. Supplies Purgatory Creek Park 1036060 243 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution 309257 240 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 309615 238 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 309551 235 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 10475 235 WEX FSA - Medical Health and Benefits 309408 234 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 309625 234 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 309304 234 BROADWAY AWARDS Operating Supplies Heritage Preservation 1036037 230 VINOCOPIA Liquor Product Received Prairie View Liquor Store 309839 229 SENGUPTA AVI Improvement Contracts Stormwater Capital 309749 225 RISE RIGHT LLC Liquor Product Received Prairie View Liquor Store 10473 222 VANCO SERVICES Bank and Service Charges Wastewater Accounting 309504 221 LIBERTY TIRE SERVICES LLC Waste Disposal Fleet Operating 309756 215 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 10465 215 OPTUM HEALTH Other Contracted Services Health and Benefits 309300 213 ASPEN MILLS Clothing & Uniforms Fire 309787 213 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development 1036063 209 FRONTIER PRECISION INC Equipment Repair & Maint Engineering 1036099 208 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment 309555 207 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store 309809 207 KOCH MARLOWE Building Permits General Fund 309627 207 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 309744 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 309604 206 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 309639 201 BROADWAY AWARDS Operating Supplies City Council 1036061 200 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 309457 200 CHURCH KRISTINE Other Contracted Services Theatre Initiative 309287 197 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 309485 196 HEALTH STRATEGIES Health & Fitness Fire 1036090 190 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 309309 190 COMCAST Internet IT Operating 309779 190 COMCAST Internet IT Operating 309663 189 HOSE PROS, INC Equipment Repair & Maint Park Maintenance 1036029 188 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 309365 187 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 309353 185 PLAISTED COMPANIES INC Operating Supplies Park Maintenance 309609 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 309501 183 LANO EQUIPMENT INC Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments10468183WEXFSA - Medical Health and Benefits 309730 182 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 309455 182 CAMPBELL KNUTSON, P.A.Legal WAFTA 1036098 180 HAAK LORI Conference/Training Stormwater Non-Capital 309725 180 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 309642 180 CENTURYLINK Internet IT Operating 309584 178 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 309826 176 MOTION INDUSTRIES INC.Supplies - HVAC City Center - CAM 309401 176 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 309781 176 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 309251 173 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 309236 172 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309706 172 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 309354 172 PROPIO LS LLC Other Contracted Services Water Accounting 1036089 170 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 10488 169 WEX FSA - Medical Health and Benefits 309708 168 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 309741 168 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 309846 168 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 309370 167 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 10497 167 WEX FSA - Medical Health and Benefits 309564 165 GADBOIS ADAM Travel Expense Engineering 309606 163 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 1036040 163 ANDREWS, JOHN Travel Expense Police Sworn 309748 162 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 309636 160 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Wasterwater Collection 309665 160 INTERSTATE ALL BATTERY CENTER Supplies - Electrical General Community Center 309418 160 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 309592 159 DOMACE VINO Liquor Product Received Den Road Liquor Store 309403 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309567 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309611 156 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store 309386 154 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 1036139 150 FLEETPRIDE INC Equipment Parts Fleet Operating 309446 150 APTIVE ENVIRONMENTAL Cash Over/Short General Fund 309458 150 COLE DEBRA ANN Other Contracted Services Theatre Initiative 309478 150 GONZALEZ LISA MARY Other Contracted Services Theatre Initiative 309484 150 HANNA AVA LOVE Other Contracted Services Theatre Initiative 309495 150 KING SAMANTHA Other Contracted Services Theatre Initiative 309497 150 KINGSLEY PAM Other Contracted Services Theatre Initiative 309500 150 KUEHL CARRIE Other Contracted Services Theatre Initiative 309519 150 MORIAH RONA Other Contracted Services Theatre Initiative 309520 150 MOSER KATLYN Other Contracted Services Theatre Initiative 309545 150 STILLER JACLYN Other Contracted Services Theatre Initiative 309546 150 STROTHENKE DANA Other Contracted Services Theatre Initiative 309547 150 SWAIN BARA Other Contracted Services Theatre Initiative 309835 150 PROPIO LS LLC Other Contracted Services Outreach 309836 150 RICHARDSON LAURA P&R Refunds Community Center Admin 1036124 150 USA SECURITY Maintenance Contracts Water Treatment 10499 149 WEX FSA - Medical Health and Benefits 10496 149 WEX FSA - Medical Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments309245147LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 309267 147 LIBATION PROJECT Liquor Product Received Den Road Liquor Store 309414 146 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 309531 140 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 309341 140 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund 309436 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 309724 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 309361 137 SHRED RIGHT Waste Disposal Fire Station #1 309750 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store 1036115 134 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signs 309666 132 LANO EQUIPMENT INC Equipment Parts Fleet Operating 309277 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 309723 131 LIBATION PROJECT Liquor Product Received Den Road Liquor Store 309557 128 WAX EMMA Mileage & Parking Police Sworn 1036127 127 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1036080 127 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 309264 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 309572 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 309594 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 309617 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store 309704 126 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 309561 125 ZUMBRO TOOLS Small Tools Fleet Operating 309714 124 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 1036032 123 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1036114 122 JANEX INC Cleaning Supplies General Community Center 1036137 121 CHANSKI DAN Clothing & Uniforms Police Sworn 309554 120 VAN PAPER COMPANY Cleaning Supplies General Community Center 1036119 120 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Senior Center 309644 120 CINTAS CORPORATION #470 Operating Supplies Fleet Operating 1036086 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1036144 120 MPX GROUP, THE Printing Police Sworn 1036049 120 METROPOLITAN FORD Equipment Parts Fleet Operating 309256 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 309858 119 WAX EMMA Mileage & Parking Police Sworn 309308 119 COMCAST Telephone E-911 Program 309299 118 ARCPOINT LABS OF EDINA Employment Support Test Organizational Services 309762 118 ARCPOINT LABS OF EDINA Employment Support Test Organizational Services 309249 116 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 309661 114 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance 309852 111 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission 309851 111 T-MOBILE Cell Phones 494 Corridor Commission 1036078 110 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 309754 110 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 309679 108 STAPLES ADVANTAGE Office Supplies Customer Service 309712 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store 309275 106 WACONIA BREWING COMPANY Liquor Product Received Den Road Liquor Store 309675 105 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Cummins Grill House 309791 105 FERGUSON ENTERPRISES INC #1657 Repair & Maint. Supplies Water Treatment 309420 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 309310 103 COMCAST Cable TV Fire 309380 100 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments1036058100CAWLEY COMPANY, THE Clothing & Uniforms Engineering 309326 100 INDIGO SIGNWORKS, INC.Operating Supplies Special Events Admin 1036041 100 ARPIN, TONJA Tuition Reimbursement/School Fitness Classes 309778 97 COMCAST Internet IT Operating 309823 93 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1036085 91 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 309523 90 NORTHERN VALUE GROUP LLC AR Utility Water Enterprise Fund 309643 90 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 309306 90 CENTURYLINK Telephone IT Operating 10489 89 WEX FSA - Medical Health and Benefits 309563 88 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 309697 84 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 309461 84 COMCAST Cable TV Fire 10461 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 10490 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 309479 75 GOODING WILLIAM Other Contracted Services Senior Center Programs 309565 75 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 309703 75 RISE RIGHT LLC Liquor Product Received Prairie Village Liquor Store 309425 72 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 1036091 71 BECKER, DAVE Mileage & Parking Police Sworn 1036100 70 LOWERY, THOMAS Tuition Reimbursement/School Police Sworn 309651 69 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating 1036117 64 METRO SALES INCORPORATED*Printers -Accessories IT Operating 309397 64 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1036075 63 UPS Postage Police Sworn 309518 63 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 309451 60 BOARD OF WATER & SOIL RESOURCES Conference/Training Stormwater Non-Capital 309522 60 NMS LABS Other Contracted Services Police Sworn 309804 60 HUTCHINSON DAN Facility Rentals Community Center Admin 309837 60 RICHFIELD PRINTING INC Office Supplies Customer Service 309784 59 DIGGINS NICHOLE DAY Outreach Mileage/Parking 494 Corridor Commission 1036046 58 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 309302 57 BATTERIES PLUS BULBS Office Supplies Police Sworn 1036082 56 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 309776 56 COMCAST Cable TV Fire 309271 54 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 1036140 54 GOLDENSTEIN, JAMES Mileage & Parking IT Operating 309448 53 ASCHENBECK SARA Employee Award Organizational Services 309483 52 GS DIRECT Operating Supplies Engineering 309459 51 COMCAST Internet IT Operating 1036048 50 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 1036036 49 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 309654 46 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 309296 43 AMERICAN PRESSURE INC Equipment Parts Fleet Operating 309821 42 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 309328 42 JERRY'S ENTERPRISES INC Equipment Repair & Maint Park Maintenance 309820 40 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions 309849 40 TAYLOR SARA Tuition Reimbursement/School Fitness Classes 309445 38 AMERICAN PRESSURE INC Equipment Parts Fleet Operating 309635 36 BATTERIES PLUS BULBS Operating Supplies Park Maintenance 1036047 36 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission Check #Amount Supplier / Explanation Account Description Business Unit Comments103602835SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 309502 34 LAWSON PRODUCTS INC Equipment Parts Fleet Operating 309647 34 COMCAST Other Contracted Services Police Sworn 1036054 33 ROCKEY, JOSH Mileage & Parking Senior Center Admin 1036044 30 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes 1036094 30 CUSTOM HOSE TECH Equipment Repair & Maint Park Maintenance 10471 28 WEX FSA - Medical Health and Benefits 1036104 26 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 309512 25 MCFOA REGION IV Conference/Training City Clerk 309463 25 COREMARK METALS Equipment Parts Fleet Operating 309346 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 309516 23 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General 309819 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 1036051 23 NOVAK-KREBS BETH Operating Supplies Public Safety Communications 10466 22 MONEY MOVERS INC Other Contracted Services Community Center Admin 1036106 22 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 10462 20 WEX FSA - Medical Health and Benefits 309541 20 SOLUTION BUILDERS Computers 494 Corridor Commission 309773 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 1036057 18 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 10511 18 US BANK - PAYMODE Bank and Service Charges Finance 309352 18 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 309674 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 309347 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 10480 12 WEX FSA - Medical Health and Benefits 309464 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 1036118 10 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 10503 9 SQUARE Bank and Service Charges Prairie Village Liquor Store 1036050 8 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 309305 5 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 309311 4 COMCAST Other Contracted Services Police Sworn 309372 3 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission 5,623,138 Grand Total City of Eden PrairiePurchasing Card Payment Report 6/18/2024 Amount Account Description Business Unit 8,368 Plumbing Surcharge General Fund 4,580 Other Contracted Services Wine Club/Events 2,830 Clothing & Uniforms Community Band 2,400 Capital Under $25,000 Police Sworn 2,366 Miscellaneous Internal Events 1,773 Capital Under $25,000 Fitness Classes 1,700 Conference/Training City Council 1,481 Retention Program Community Center Admin 1,400 Operating Supplies Fire 1,379 Operating Supplies Riley Lake 1,262 Conference/Training Fleet Operating 1,248 Special Event Fees Trips 1,221 Conference/Training Fire 1,221 Conference/Training Fire 1,182 Telephone IT Capital 978 Travel Expense Fire 970 Awards City Council 965 Conference/Training Utility Operations - General 885 Operating Supplies Pool Lessons 817 Bank and Service Charges Prairie View Liquor Store 804 Clothing & Uniforms Fitness Admin. 795 Tuition Reimbursement/School Police Sworn 761 Employee Award Internal Events 759 Conference/Training Prairie View Liquor Store 756 Conference/Training IT Operating 740 Merchandise for Resale Concessions 714 Employee Award Internal Events 696 Operating Supplies Youth Programs Admin 667 Dues & Sub-Memberships Community Development Admin. 655 Employee Award Internal Events 633 Special Event Fees Senior Center Programs 597 Computers Utility Operations - General 583 Tuition Reimbursement/School Police Sworn 535 Training Supplies Police Sworn 524 Awards Safety Camp 513 Operating Supplies Theatre Initiative 480 Conference/Training Police Sworn 480 Tuition Reimbursement/School Police Sworn 475 Tuition Reimbursement/School Police Sworn 475 Tuition Reimbursement/School Police Sworn 460 Licenses, Taxes, Fees Pool Lessons Amount Account Description Business Unit 425 Conference/Training Administration 410 Operating Supplies Volunteers 399 Other Contracted Services Liquor Store Delivery 386 Operating Supplies Youth Programs Admin 385 Conference/Training Facilities Staff 380 Operating Supplies Outdoor Center 375 Employment Advertising Organizational Services 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 374 Miscellaneous Administration 369 Dues & Sub-Memberships Facilities Staff 365 Landscape Materials/Supp Reforestation 363 Miscellaneous Administration 360 Licenses, Taxes, Fees Police Sworn 358 Travel Expense Utility Operations - General 358 Travel Expense Utility Operations - General 350 Other Rentals Summer Theatre 344 Repair & Maint. Supplies Utility Operations - General 342 Licenses, Taxes, Fees Pool Lessons 328 Operating Supplies Pool Operations 322 Licenses, Taxes, Fees Pool Lessons 320 Operating Supplies Youth Programs Admin 304 Licenses, Taxes, Fees Pool Lessons 304 Equipment Parts Fleet Operating 300 Conference/Training Assessing 300 Tuition Reimbursement/School Police Sworn 287 Deposits General Fund 285 Awards Communications 276 Operating Supplies Fire 270 Licenses, Taxes, Fees Pool Lessons 266 Licenses, Taxes, Fees Pool Lessons 264 Dues & Sub-Memberships Human Resources 261 Operating Supplies Park Maintenance 258 Merchandise for Resale Concessions 254 Miscellaneous City Council Amount Account Description Business Unit 250 Advertising Prairie View Liquor Store 244 Capital Under $25,000 Fitness Center 241 Tuition Reimbursement/School Police Sworn 241 Tuition Reimbursement/School Police Sworn 241 Tuition Reimbursement/School Police Sworn 241 Tuition Reimbursement/School Police Sworn 241 Tuition Reimbursement/School Police Sworn 240 Licenses, Taxes, Fees Pool Lessons 240 Operating Supplies Police Sworn 240 Conference/Training Senior Center Admin 240 Conference/Training Senior Center Admin 237 Operating Supplies Fire 232 Operating Supplies Riley Lake 226 Safety Supplies Pool Operations 225 Tuition Reimbursement/School Police Sworn 221 Travel Expense Fire 217 Merchandise for Resale Concessions 216 Tuition Reimbursement/School Police Sworn 216 Tuition Reimbursement/School Police Sworn 209 Telephone IT Capital 201 Equipment Parts Fleet Operating 200 Clothing & Uniforms Pool Operations 199 Other Contracted Services Assessing 198 Miscellaneous Administration 195 Miscellaneous IT Operating 190 Merchandise for Resale Concessions 190 Repair & Maint. Supplies Water Treatment 187 Conference/Training Inspections-Administration 187 Conference/Training Inspections-Administration 180 Licenses, Taxes, Fees Police Sworn 173 Special Event Fees Senior Center Programs 171 Tuition Reimbursement/School Police Sworn 165 Operating Supplies Pool Operations 165 Operating Supplies City Clerk 163 Operating Supplies Volleyball 162 Conference/Training Inspections-Administration 162 Conference/Training Inspections-Administration 157 Operating Supplies Wine Club/Events 156 Conference/Training Street Maintenance 155 Equipment Repair & Maint Elections 152 Safety Supplies Youth Programs Admin 152 Operating Supplies Park Maintenance 150 Other Contracted Services Specialty Fitness Programs 150 Operating Supplies Fire 150 Training Supplies Human Resources Amount Account Description Business Unit 144 Merchandise for Resale Concessions 144 Merchandise for Resale Concessions 141 Operating Supplies Youth Programs Admin 139 Conference/Training IT Operating 138 Equipment Repair & Maint Park Maintenance 138 Conference/Training Pool Operations 135 Operating Supplies Fire 132 Employee Award Organizational Services 130 Clothing & Uniforms Volunteers 130 Conference/Training Inspections-Administration 127 Operating Supplies Fire 127 Operating Supplies Gymnasium (CC) 126 Retention Program Community Center Admin 125 Repair & Maint. Supplies Police (City Cost) 125 Operating Supplies Arts Center 123 Equipment Repair & Maint Public Safety Communications 120 Repair & Maint. Supplies Park Maintenance 120 Conference/Training Economic Development 119 Operating Supplies Specialty Fitness Programs 116 Operating Supplies Fleet Operating 114 Operating Supplies Arts Center 111 Operating Supplies IT Operating 111 Clothing & Uniforms Arts Center 110 Repair & Maint. Supplies Water Distribution 110 Licenses, Taxes, Fees Fitness Classes 108 Repair & Maint. Supplies Utility Operations - General 108 Safety Supplies Pool Operations 105 Building Repair & Maint.Utility Operations - General 100 Operating Supplies Outdoor Center 99 Training Supplies Fire 98 Miscellaneous Internal Events 96 Office Supplies Utility Operations - General 96 Deposits General Fund 96 Operating Supplies Arts Center 96 Retention Program Community Center Admin 95 Operating Supplies Athletic Programs Admin 95 Advertising Tennis 93 Operating Supplies Outdoor Center 90 Clothing & Uniforms Facilities Staff 89 Software/Hardware Maint.Fire 89 Licenses, Taxes, Fees Utility Operations - General 87 Operating Supplies Police Sworn 85 Conference/Training Street Maintenance 85 Operating Supplies Police Sworn 83 Operating Supplies Arts Center Amount Account Description Business Unit 82 Repair & Maint. Supplies General Community Center 81 Operating Supplies Youth Programs Admin 80 Licenses, Taxes, Fees Inspections-Administration 79 Tuition Reimbursement/School Police Sworn 79 Tuition Reimbursement/School Police Sworn 79 Dues & Sub-Memberships Youth Programs Admin 78 Repair & Maint. Supplies Wasterwater Collection 76 Licenses, Taxes, Fees Pool Lessons 76 Licenses, Taxes, Fees Pool Lessons 75 Equipment Parts Fleet Operating 75 Operating Supplies Senior Center Programs 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Training Supplies Police Sworn 75 Repair & Maint. Supplies Water Treatment 75 Operating Supplies Arts Center 73 Operating Supplies Arts Center 71 Operating Supplies Athletic Programs Admin 68 Merchandise for Resale Concessions 68 Office Supplies Elections 67 Conference/Training Utility Operations - General 65 Operating Supplies Arts Center 64 Equipment Parts Fleet Operating 63 Operating Supplies Special Events Admin 63 Operating Supplies Fitness Center 62 Tuition Reimbursement/School Police Sworn 60 Advertising Arts 60 Computers IT Operating 60 Operating Supplies Outdoor Center 60 Office Supplies Police Sworn 59 Operating Supplies Arts Center 59 Licenses, Taxes, Fees Pool Operations 58 Conference/Training Utility Operations - General 58 Operating Supplies Fitness Classes 57 Operating Supplies Internal Events 57 Operating Supplies Youth Programs Admin 56 Repair & Maint. Supplies Utility Operations - General 56 Miscellaneous IT Operating 56 Operating Supplies Internal Events 56 Operating Supplies Special Events Admin 56 Operating Supplies Day Care 55 Repair & Maint. Supplies Utility Operations - General Amount Account Description Business Unit 55 Miscellaneous Administration 55 Operating Supplies Arts Center 54 Operating Supplies IT Operating 53 Operating Supplies Arts 51 Conference/Training IT Operating 51 Clothing & Uniforms Facilities Staff 50 Dues & Sub-Memberships City Clerk 50 Advertising Arts 50 Clothing & Uniforms Facilities Staff 50 Miscellaneous Administration 48 Operating Supplies Pool Operations 48 Operating Supplies Internal Events 48 Operating Supplies Fitness Admin. 47 Office Supplies Elections 47 Office Supplies Police Sworn 46 Licenses, Taxes, Fees Pool Lessons 46 Clothing & Uniforms Athletic Programs Admin 45 Software Fleet Operating 45 Operating Supplies Special Events Admin 45 Office Supplies Utility Operations - General 45 Operating Supplies Gymnasium (CC) 45 Operating Supplies Community Center Admin 45 Conference/Training Parks Administration 43 Operating Supplies Special Events Admin 41 Video & Photo Supplies Fire 41 Operating Supplies Community Center Admin 41 Operating Supplies Community Center Admin 41 Retention Program Community Center Admin 40 Miscellaneous Elections 40 Miscellaneous IT Operating 40 Office Supplies City Clerk 40 Special Event Fees Senior Center Programs 39 Operating Supplies Police Sworn 38 Computers IT Operating 36 Operating Supplies Fire 36 Operating Supplies Parks Administration 36 Canine Supplies Police Sworn 35 Conference/Training Human Resources 35 Capital Under $25,000 Fitness Classes 35 Conference/Training Economic Development 35 Operating Supplies Youth Programs Admin 35 Operating Supplies Community Center Admin 34 Operating Supplies Parks Administration 34 Operating Supplies Fitness Classes 34 Operating Supplies Senior Board Amount Account Description Business Unit 33 Retention Program Community Center Admin 33 Operating Supplies Planning 30 Office Supplies Park Maintenance 30 Operating Supplies Internal Events 30 Operating Supplies Arts Center 30 Miscellaneous Administration 29 Operating Supplies Senior Center Programs 29 Operating Supplies Arts Center 28 Operating Supplies Special Events Admin 28 Computers IT Operating 28 Special Event Fees Senior Center Programs 27 Retention Program Community Center Admin 25 Licenses, Taxes, Fees Fleet Operating 25 Operating Supplies Ice Operations 25 Operating Supplies New Adaptive 25 Operating Supplies Fitness Classes 25 Operating Supplies Youth Programs Admin 25 Operating Supplies Community Center Admin 24 Merchandise for Resale Concessions 23 Miscellaneous Administration 23 Operating Supplies Elections 23 Operating Supplies Fitness Admin. 23 Operating Supplies Internal Events 22 Operating Supplies Pool Lessons 22 Operating Supplies Arts Center 22 Licenses, Taxes, Fees Fleet Operating 21 Operating Supplies New Adaptive 21 Tuition Reimbursement/School Police Sworn 21 Operating Supplies Police Sworn 21 Office Supplies Elections 20 Merchandise for Resale Concessions 20 Operating Supplies Fire 20 Dues & Sub-Memberships Police Sworn 20 Licenses, Taxes, Fees Utility Operations - General 20 Conference/Training Facilities Staff 20 Operating Supplies Outdoor Center 20 Office Supplies Police Sworn 20 Operating Supplies IT Operating 19 Travel Expense Fleet Operating 18 Office Supplies Park Maintenance 18 Operating Supplies Ice Operations 17 Tuition Reimbursement/School Police Sworn 17 Other Contracted Services Organizational Services 17 Equipment Repair & Maint Senior Center Programs 17 Operating Supplies Internal Events Amount Account Description Business Unit 16 Conference/Training Parks Administration 16 Operating Supplies Parks Administration 15 Operating Supplies Outdoor Center 15 Operating Supplies Prairie View Liquor Store 15 Operating Supplies Outdoor Center 14 Operating Supplies Outdoor Center 14 Operating Supplies Volunteers 14 Operating Supplies Specialty Fitness Programs 14 Operating Supplies Arts Center 13 Office Supplies Outdoor Center 13 Operating Supplies Ice Operations 12 Operating Supplies New Adaptive 12 Miscellaneous Administration 11 Equipment Repair & Maint Elections 10 Operating Supplies Outdoor Center 10 Conference/Training Economic Development 10 Employment Advertising Organizational Services 10 Other Contracted Services Wine Club/Events 10 Repair & Maint. Supplies Water Distribution 10 Advertising Prairie View Liquor Store 9 Operating Supplies Special Events Admin 9 Deposits General Fund 9 Operating Supplies Community Center Admin 8 Operating Supplies Police Sworn 8 Operating Supplies Volunteers 8 Operating Supplies Senior Center Programs 8 Operating Supplies New Adaptive 7 Conference/Training Economic Development 7 Special Event Fees Senior Center Programs 6 Operating Supplies Outdoor Center 6 Operating Supplies Pool Operations 5 Operating Supplies New Adaptive 5 Operating Supplies Outdoor Center 5 Operating Supplies Arts Center 4 Operating Supplies Special Events Admin 3 Operating Supplies Outdoor Center 1 Miscellaneous Communications 1 Miscellaneous Communications 1 Miscellaneous Communications 1 Licenses, Taxes, Fees Fleet Operating -19 Capital Under $25,000 Fitness Center -41 Video & Photo Supplies Fire -41 Video & Photo Supplies Fire -41 Video & Photo Supplies Fire -104 Deposits General Fund Amount Account Description Business Unit -168 Deposits General Fund 87,576 Report Total CITY COUNCIL AGENDA SECTION: Appointments DATE June 18, 2024 DEPARTMENT Rick Getschow City Manager ITEM DESCRIPTION Student on Commissions Appointments for the 2024-2025 School Year ITEM NO. Requested Action Move to: • Appoint to the Flying Cloud Airport Advisory Commission – • Appoint to the Heritage Preservation Commission – • Appoint to the Human Rights and Diversity Commission – • Appoint to the Parks, Recreation, and Natural Resources Commission – • Appoint to the Sustainability Commission – Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. Fifty-five applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program.