Loading...
HomeMy WebLinkAboutCity Council - 07/16/2024 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JULY 16, 2024 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Aschenbeck Workshop - Heritage Rooms I and II (5:30) I. FIRE SERVICES STANDARDS OF COVERAGE STUDY Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 16, 2024 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS AND PRESENTATIONS A. PEOPLEFEST! WEEK PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 18, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 18, 2024 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. NEXUS INNOVATION CENTER BY ENDEAVOR DEVELOPMENT, LLC. SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM OFFICE TO I-2 ON 14.35 ACRES, RESOLUTION FOR SITE PLAN APPROVAL ON 14.35 ACRES, RESOLUTION FOR CONDITIONAL APPROVAL OF DEVELOPMENT AGREEMENT B. LOTUS VILLAS ON ANDERSON LAKE BY RON CLARK CONSTRUCTION SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM OFFICE TO R1-9.5 AND PUD DISTRICT REVIEW WITH WAIVERS ON 5 ACRES, APPROVE DEVELOPMENT AGREEMENT C. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR STATE PRIMARY ELECTION CITY COUNCIL AGENDA July 16, 2024 Page 2 D. ADOPT RESOLUTION APPROVING PREMISES PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE AM ROTARY FOUNDATION E. ADOPT RESOLUTION APPROVING FINAL PLAT OF LOTUS VILLAS F. ADOPT RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE RIDGE G. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF SHADY OAK ROAD IMPROVEMENT PROJECT WITH SRF CONSULTING GROUP H. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MATERIALS TESTING FOR PRAIRIE CENTER DRIVE AND FRANLO ROAD INTERSECTION IMPROVEMENT PROJECT WITH BRAUN INTERTEC I. AWARD CONTRACT FOR PRAIRIE CENTER DRIVE AND FRANLO ROAD INTERSECTION IMPROVEMENT PROJECT TO NEW LOOK CONTRACTING, INC. J. AWARD CONTRACT FOR 2024 SUMP PUMP COLLECTION SYSTEM AND DRAINTILE PROJECT TO BKJ LAND CO II DBA BKJ EXCAVATING K. AWARD CONTRACT FOR WASHINGTON AVENUE SANITARY SEWER CURED IN PLACE PIPE PROJECT TO VISU-SEWER, LLC L. AWARD CONTRACT FOR MOUNT CURVE WATERMAIN CIPP PROJECT TO BITUMINOUS ROADWAYS, INC. M. APPROVE CHANGE ORDER FOR LIFT STATION 1 REHABILITATION N. AWARD CONTRACT TO SEAL FIRE 2 APPARATUS BAY FLOOR AND REPAIR FLOOR DRAINS TO SURFACE PROS O. AWARD CONTRACT FOR 2024 DELL ROAD TRAIL REHABILITATION TO NORTHWEST ASPHALT P. AWARD CONTRACT FOR 2024 PURGATORY PARK PARKING LOT REHABILITATION TO BITUMINOUS ROADWAYS INC. Q. ACCEPT BIDS AND APPROVE CONSTRUCTION CONTRACT FOR MILLER PARK OUTDOOR COURT RENOVATION R. ADOPT RESOLUTION AUTHORIZING PARKS AND RECREATION DIRECTOR TO ACCEPT AND EXECUTE AGREEMENT WITH STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR CITY COUNCIL AGENDA July 16, 2024 Page 3 REHABILITATION OF PUBLIC WATER ACCESS AT RED ROCK LAKE PARK S. APPROVE QUOTE AND AUTHORIZE LOGIS TO REPLACE NETWORK EQUIPMENT AT VARIOUS CITY LOCATIONS T. DECLARE PROPERTY AS SURPLUS AND AUTHORIZE SALE U. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION ADMINISTRATION AND STAKING SERVICES AT MILLER PARK OUTDOOR COURT FACILITY WITH ISG, INC. V. APPROVE PURCHASE OF CRISIS NEGOTIATIONS UNIT VAN AND SPECIALTY UPFITTING IX. PUBLIC HEARINGS AND MEETINGS A. CODE AMENDMENT – INDUSTRIAL FLEX TECH BY CITY OF EDEN PRAIRIE First Reading of Ordinance amending City Code Section 11.30 (Industrial Districts) to address ASPIRE 2040 goals. B. CODE AMENDMENT – RM 2.5 LANDSCAPING BY CITY OF EDEN PRAIRIE First Reading of Ordinance amending the landscaping requirements in the RM-2.5 Zoning district. X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF CITY COUNCIL AGENDA July 16, 2024 Page 4 H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE July 16, 2024 DEPARTMENT / DIVISION Amy Markle, Director, Parks and Recreation ITEM DESCRIPTION PeopleFest! Week Proclamation ITEM NO. IV.A. Requested Action No formal action requested. Mayor Case will read the proclamation. Background This proclamation will declare July 28 through August 4 as PeopleFest Week. Peoplefest is an annual, weeklong celebration that honors and celebrates diversity in our community. Attachments Proclamation ITEM IV.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota PeopleFest! Week WHEREAS, Eden Prairie is a community composed of people from many backgrounds, races, ethnicities, abilities and identities; and WHEREAS, we are a City that is committed to the promotion of diversity, equity, inclusion and belonging; and WHEREAS, our community is more vibrant because of our diversity; and WHEREAS, cultural sharing leads to greater understanding and appreciation; and WHEREAS, “PeopleFest! A Community Celebration of Culture” is an annual, weeklong celebration that honors and celebrates the range of traditions that tell the rich story of our community; and WHEREAS, “PeopleFest!” offers many free opportunities to experience culture through stories, food, music, dance, visual art and more; and WHEREAS, the celebration’s main event is the “PeopleFest! Party” from 3 to 7 p.m. on July 28 at Staring Lake Park; and WHEREAS, the “PeopleFest! Party” includes live music and dance performances, demonstrations and art experiences, as well as booths with a variety of cultural and educational organizations sharing their stories, activities and outreach. NOW, THEREFORE, BE IT RESOLVED, that the Eden Prairie City Council encourages everyone to take part in this community celebration of culture; and FURTHER, the Eden Prairie City Council does hereby proclaim July 28 through August 4, 2024, as “PeopleFest! Week” in Eden Prairie. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey UNAPPROVED WORKSHOP MINUTES 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 Sackett provided an overview of previous police and city center remodel concepts considered by Staff. Four concept plans were researched and ultimately dismissed as they did not meet the needs assessment criteria or were more expensive than the final proposals. Sackett summarized the final two proposals. The first proposal is relocating the police department to the upper level and constructing lower level interior police parking for a cost of $21 million. The second proposal is relocating the police department, lower level City offices, and meeting spaces to the upper level and constructing lower level interior police parking for a cost of $26 million. To save on cost the City could pursue the second proposal and repurpose existing furnishings and technology into the new spaces. Toomey asked Sackett to elaborate on repurposing technology. Sackett stated for example meeting rooms would not initially have a built in monitor and computer, current technology would be piecemealed into the new spaces. Freiberg asked how accurate the $26 million cost estimate is. Sackett stated construction management firm Kraus Anderson continually updates the estimates. Multiple contingencies are built in. There is hope the bidding environment is improving. Freiberg stated inadequate technology would cause problems. He asked if the Garden Room is remaining at its current location. Sackett stated if all City offices and meeting spaces are relocated to the upper level, the Garden Room would be available for a future tenant to lease. City Council Workshop Minutes June 18, 2024 Page 2 Getschow noted there are no viable remodel options priced between $21 and $26 million. Freiberg asked if a referendum is needed for a $26 million purchase. Getschow answered the State does not require a referendum for public safety or city hall building expenses. Multiple surrounding cities including Minnetonka, Edina, and Chaska have approved public safety or city hall building expenses without referendum. The City has planned this expense for the past decade and timed the remodel to minimize debt levy impacts. Narayanan asked how a $26 million expense would affect the City’s tax levy. Getschow stated there would be a one-time increase of approximately $1 million in 18 months. The levy would remain flat in following years. Case noted the affect would be approximately a two percent additional increase. Case asked the Council to provide their opinion on relocating the police department, lower level City offices, and meeting spaces to the upper level and constructing interior police parking for a cost of $26 million. Freiberg stated he supports the $26 million expense as he does not want the Police to operate with inadequate technology. Narayanan noted he is in favor of the $26 million proposal. The City has strong fiscal management and should do the project right. Toomey noted her agreement with Freiberg and Narayanan. Case stated he supports the $26 million proposal. Surrounding Cities have spent between $60 and $80 million on new police department construction. The cost is reasonable and reflects an investment in providing the quality public safety services residents expect. II. 2025-2034 CAPITAL IMPROVEMENT PLAN Wilson explained the Capital Improvement Plan (CIP) is updated every other year. Departments assemble anticipated projects over the next ten years. This helps the City plan, schedule, and finance capital projects and provides a consistent investment in City infrastructure. As an outcome, the City maintains stable debt levels and a AAA bond rating. Wilson stated there are $363 million in proposed CIP projects for 2025 through 2034, an increase from $303 million in the prior CIP cycle. The largest drivers of the increase include $17 million of engineering road projects, $13 million of water utility rehab, building expansion, geothermal, and high service pump projects, and additional police remodel project costs. Case asked how the Police and City Center remodel will be funded. Getschow confirmed it will be funded by debt. Narayanan asked if there is State or Federal funding available for the police remodel. Getschow confirmed there is currently no State or Federal funding available for the Police remodel. The City Council Workshop Minutes June 18, 2024 Page 3 City is pursuing State and Federal funding for other projects to free up capital for the police and city center remodel. Wilson summarized the $61 million of CIP projects proposed for 2025 and the $31 million of projects proposed for 2026. The Capital Maintenance and Reinvestment (CMR) Fund is used to finance capital projects. The CMR Fund has a $15 million balance in 2025, decreasing to $2 million in 2034. Revenue sources for the CMR Fund include liquor profits, a tax levy, antenna revenue, and building rent revenue. Getschow added each time the CIP is prepared, the CMR Fund balance is projected to decrease over the ten years. The City budgets revenue conservatively and the annual general fund transfer is not budgeted as it is not guaranteed. Wilson stated over the next ten years the CMR Fund is financing projects of $3.5 million for Engineering, $9.7 million for Fire, $16 million for Parks and Recreation, and $769 thousand for Public Works. 2025 and 2026 projects include the Magnolia Trial connection, new fire engines, and maintenance for right of way, trails, and hard courts. Toomey asked if the City will receive fire engine funding. Wilson confirmed the City will receive State funding. Wilson explained the CMR Fund is financing $769 thousand of Police projects over the next ten years. The Mobile Command Center (MCC) will be funded by both the CMR Fund and Federal funding. Case asked why the MCC isn’t financed solely by Federal funding. Sackett confirmed the City applied for full funding, partial funding was awarded. Wilson stated the Park Improvement Fund is funded by park dedication fees and will finance $5.8 million in projects from 2025 through 2034. The Park Improvement Fund is partially funding the Shady Oak Road project. Narayanan asked if the Fund’s projected balance decrease is concerning. Getschow stated the City budgets park dedication fees conservatively. Actual revenue will likely be more than budgeted. Wilson explained the Economic Development Fund is funded by daycare center rent and will finance $1 million in projects from 2025 through 2034. Case stated the funding source may not last ten years if the daycare center area is redeveloped. Wilson noted if redevelopment occurs the building sale proceeds would be revenue for this fund. Wilson explained the City will receive $170 thousand annually from a new Larger Cities Assistance Program, an additional revenue source for the Transportation Fund. Narayanan asked if grant funding is available for ADA ramp improvements. Ellis confirmed no grant funding is available. Wilson explained Municipal State Aid (MSA) is used to fund road projects and will City Council Workshop Minutes June 18, 2024 Page 4 finance $33 million in projects from 2025 through 2034, including $4.7 million toward the 2025 Dell Road project. Case asked how MSA is allocated to cities. Ellis confirmed the State allocates based on population and total roadway mileage. Toomey asked if there is a timeline to spend funds. Ellis stated once a threshold is reached accrued funding must be spent. Wilson summarized County, Federal, and grant funding for projects including the Pioneer Trail and Eden Prairie Road bridges, Shady Oak Road, Richard T. Anderson Conservation Area erosion, and new trails and sidewalks. Wilson explained the Facilities Internal Service Fund (ISF) will finance $11 million in projects from 2025 through 2034. Case asked how the Facilities ISF is funded. Wilson confirmed it is funded by a user charge from benefitting departments. The Information Technology ISF is also funded by user charge and is financing $7 million in projects from 2025 through 2034. Narayanan asked if the City permit and inspection systems is available via mobile app. Rose confirmed there is an online, mobile friendly version. Wilson explained future projected debt levies. The debt levy for 2024 and 2025 will be $2.4 million. Police and City Center remodel debt will increase the levy to $3.5 million in 2026, where it will stay consistent through 2034. Getschow added the City issued debt to renovate the Community Center aquatics center in 2012. After that issuance, the debt levy as a percent of the General Fund budget has decreased every year through 2025. The Police and City Center remodel costs were timed to minimize the debt levy increase. III. 2025 BUDGET Getschow explained the City is in the second year of its two year budget. Council sets the preliminary tax levy in September. The budget is expected to increase 3.5 percent in the General Fund and 3.3 percent overall. Most budgeted expenditure changes are due to wages and benefits. The General Fund levy is expected to increase five percent next year. Combined with the capital and debt levies, the total tax levy increase would be 4.7 percent. The final levy is dependent on Tax Increment Financing and fiscal disparities, which are determined in August. Once those are finalized, the City will likely have a tax levy increase between 4.7 and five percent. The levy increased 5.5 percent last year, the lowest increase in the metro area. City Council Workshop Minutes June 18, 2024 Page 5 Getschow explained single family residential property values increased less than one percent. The City tax rate is projected to increase between one and 1.5 percent. The median tax increase will be less than five percent, and the 2024 and 2025 tax rates will be lower than both 2021 and 2022. Case asked why the adjusted net tax capacity is decreasing between 2024 and 2025. Getschow confirmed Staff will research and get back to the Council. The Council thanked Staff for their time. Open Podium - Council Chamber (6:30) IV. OPEN PODIUM V. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 18, 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. Councilmember Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. TOUR DE TONKA – MOLLY BAHNEMAN, COORDINATOR FOR MINNETONKA PRESCHOOL, EARLY CHILDHOOD AND FAMILY EDUCATION, AND JUNIOR EXPLORERS Molly Bahneman, Coordinator for Minnetonka Preschool, Early Childhood and Family Education, and Junior Explorers, provided information on Tour de Tonka. She encouraged folks to sign up for the event. B. CITY GOVERNMENT ACADEMY GRADUATION Getschow explained the City Government Academy is a six-week program offering Eden Prairie residents a behind-the-scenes look at City operations. Each week a different department is spotlighted while participants tour facilities, meet Staff, and learn about municipal government. The graduates received diplomas recognizing their graduation. Several graduates thanked the Council and Staff for all they do for Eden Prairie. C. ACCEPT PARKS AND RECREATION 2024 SPRING DONATIONS (Resolution No. 2024-055) Markle explained the donations allow the City to offer special events, programs, CITY COUNCIL MINUTES June 18, 2024 Page 2 and educational activities at little or no cost to residents. The donors include the Summit Place Senior Campus, T-Mobile, Prairie Bluffs Senior Living, Health Source of Eden Prairie, Mary Sue Ingman, J.A. Price Agency, and Sholom. She thanked the donors for their generosity. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2024-055 accepting multiple second quarter 2024 donations to Parks and Recreation. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Narayanan added the item Southwest Transit PRIME Ridership Statistics to XIV.A. Reports of Councilmembers. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 21, 2024 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 21, 2024 MOTION: Freiberg moved, seconded by Toomey to approve the minutes of the Council workshop held Tuesday, May 21, 2024, and the City Council meeting held Tuesday, May 21, 2024, as published. Motion carried 4-0. 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 NO. 05-2024-PUD-04-2024 FOR ZONING DISTRICT CHANGE AND PLANNED UNIT DEVELOPMENT DISTRICT REVIEW ON 60.91 ACRES, RESOLUTION NO. 2024-056 TO CONDITIONALLY APPROVE DEVELOPMENT AGREEMENT C. ASIA MALL PARKING LOT EXPANSION BY ELLIOTT DESIGN SECOND READING OF ORDINANCE NO. 06-2024-PUD-05-2024 FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 4.69 ACRES, RESOLUTION NO. 2024-057 FOR SITE PLAN APPROVAL ON 4.69 ACRES, APPROVE DEVELOPMENT AGREEMENT CITY COUNCIL MINUTES June 18, 2024 Page 3 D. ENCLAVE AT MANOR ROAD BY BRANDL ANDERSON SECOND READING OF ORDINANCE NO. 07-2024-PUD-06-2024 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 NO. 2024-058 APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION F. ADOPT RESOLUTION NO. 2024-059 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 NO. 2024-060 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 O. APPROVE LEASE EXTENSION FOR RILEY LAKE PARK RENTAL HOUSE CITY COUNCIL MINUTES June 18, 2024 Page 4 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 MOTION: Toomey moved, seconded by Narayanan, to approve Items A-Q on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / 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. Getschow stated 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 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 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. Josh Budish, Endeavor Development Principal, provided a presentation to the Council. He explained Endeavor Development is locally based, and he provided background information on the company. Case asked if the entire property is located within Eden Prairie. Staff confirmed both plats and the entire pond are in Eden Prairie. Case pointed out the property would be working with Minnetonka utilities. Mr. Budish showed the site plan and an external rendering and highlighted sustainable strategies of the build. Examples of the exterior finishing materials were provided for review. Narayanan asked how tall the building is. Mr. Budish stated the interior height is 28 feet. The building is made to appear as a two-story building. The interior ceiling height could be used as a warehouse or an office use with a drop ceiling. Case asked if the building is ready for solar panels. Mr. Budish explained the CITY COUNCIL MINUTES June 18, 2024 Page 5 building has the infrastructure for solar panels and electric vehicle charging. Additional sustainability measures can be added depending on the needs of the businesses. Freiberg asked what size their buildings in Maple Grove are. Mr. Budish stated the buildings range from 100,000 square feet to 270,000 square feet. Toomey asked if the remaining trees have been optimized. Mr. Budish noted the project meets the City’s maximum coverage ratio. The additional area is used for green space. They left as many mature trees as possible. Narayanan asked how many employees would be in the building. Mr. Budish pointed out there are 270 parking spots. The marketing will highlight the proximity to public transportation. Freiberg asked what signage would be added. Mr. Budish stated any signage would meet the City’s requirements. There isn’t a plan for a monument sign. No one wished to address the Council. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing, 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, and authorize the issuance of an early Land Alteration Permit for the Nexus Innovation Center at the request of the developer, subject to the conditions outlined in the permit. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Freiberg moved, seconded by Toomey, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Getschow pointed out the City received an overwhelming number of applications, and not all applicants could be placed on a Commission. Eden Prairie has a great relationship with the local school district. CITY COUNCIL MINUTES June 18, 2024 Page 6 MOTION: Case moved to appoint to the Flying Cloud Airport Advisory Commission – Aditi Ginuga, Bergen Papa, Daniel Jiang, Matthew Wiedman, Patrick Anderson, Sumaya Awale, Seth Johnson, and Vincent Schulze; Narayanan moved to appoint to the Heritage Preservation Commission – Amuktha Pothamsetti, Jude Kambal, Annika Rice, Jacob Holje, and Kadie Crider; Toomey moved to appoint to the Human Rights and Diversity Commission – Ayanna Arora, Kanya Aneja, Alisha Shah, Melody Li, Swara Halbe, Tamia Hassan, and Zahara Umar; Freiberg moved to appoint to the Parks, Recreation, and Natural Resources Commission – Richa Raja, Tavin Koenig, Tessa Plourde, Jack Petrin, Noelle Fitzgerald, and Sophia Hoffelt; Case moved to appoint to the Sustainability Commission – Ishika Nanavati, Raghava Dwivedi, Akhil Agrawal, Evie Elmquist, Gabriel Hernandez, Lucinda Jacobs, and Simone Kirkeby. Seconded by Narayanan. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. SOUTHWEST TRANSIT PRIME RIDERSHIP STATISTICS Narayanan explained a majority of the PRIME ridership is Eden Prairie residents. He shared specific statistics. 17 percent of riders use the service to access health care, 11 percent connect to long distance transportation, and 26 percent of riders have no other option of transportation. The service is low-cost, and a large number of riders are seniors. Almost half of riders have a disability and almost half of riders are low-income individuals. 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 Getschow encouraged community members to participate in summer programming offered by the City. He provided details on the Fourth of July festivities. CITY COUNCIL MINUTES June 18, 2024 Page 7 XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:22 p.m. Respectfully submitted, ________________________ Sara Aschenbeck, Administrative Support Specialist Requested Action Move to: • Approve the Second Reading of an Ordinance for a Zoning District Change from Office to Industrial (I-2) on 14.35 acres • Adopt a Resolution for a Site Plan Review on 14.35 acres • Adopt a Resolution Conditionally Approving the Development Agreement for the Nexus Innovation Center Synopsis This is the final approval for the Nexus Innovation Center. 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 The 120-day review period expires on September 10, 2024. Attachments 1. Ordinance for Rezoning 2. Resolution for Site Plan 3. Resolution for Conditional Approval of Development Agreement 4. Development Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION: Nexus Innovation Center ITEM NO.: VIII.A. NEXUS INNOVATION CENTER 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 16th day of July, 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) NEXUS INNOVATION CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF 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 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 6131 Blue Circle Drive from the Office Zoning District to the Industrial (I-2) Zoning 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 NEXUS INNOVATION CENTER BY ENDEAVOR DEVELOPMENT WHEREAS, Endeavor Development, has applied for Site Plan approval of Nexus Innovation Center to construct a 185,733 industrial building; WHEREAS, zoning approval for the Nexus Innovation Center was granted by an Ordinance approved by the City Council on July 16, 2024; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 28, 2024 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 18, 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 Endeavor Development, subject to the Development Agreement between Endeavor Nexus, LLC and the City of Eden Prairie, reviewed and approved by the City Council on July 16, 2024. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2024. ____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description: Lot 1, Block 1, American Family Addition, Hennepin County, Minnesota. (Torrens Property) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ A RESOLUTION FOR A CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR NEXUS INNOVATION CENTER WHEREAS, the Developer has requested to sign and execute the Development Agreement at the closing of its purchase of the 6131 Blue Circle Drive property; 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, second reading of Ordinance No ____ , and Resolution No. granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that Endeavor Nexus LLC 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 December 31, 2024 the above Ordinance, Resolution, 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 has reviewed said project at a public hearing at its June 18, 2024, meeting. WHEREAS, the City Council has reviewed the Development Agreement at its July 16, 2024, meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Endeavor Nexus, LLC and the City of Eden Prairie is conditionally approved by the City Council on July 16, 2024 and is conditioned upon the Developer providing the City Manager documentation that the Endeavor Nexus, LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to December 31, 2024, the above Ordinance, Resolution, 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, ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2024. _____________________________ Ronald A. Case, Mayor ATTEST: _______________________ David Teigland, City Clerk Nexus at Opus Park Development Agreement 1 DEVELOPMENT AGREEMENT Nexus at Opus Park THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of July 16, 2024, by Endeavor Nexus, LLC, a Delaware limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for a Zoning District Change from Office to Industrial (I-2) Zoning District on 14.35 acres and a Site Plan Review on 14.35 acres (the “Applications”), for real property legally described on Exhibit A (the “Property”); and WHEREAS, on June 18, 2024, the City approved the issuance of an early land alteration permit for the Property, subject to the conditions outlined in the permit, and the City issued the land alteration permit to Developer (the “Issued Land Alteration Permit”). NOW, THEREFORE, in consideration of the City adopting Ordinance No. __________ Zoning District Change from Office to Industrial (I-2) on 14.35 acres, and Resolution No. ____________ for Site Plan Review on 14.35 acres, Developer agrees to construct, develop and maintain the Property as follows: 1. EARLY LAND ALTERATION PERMIT. The terms and conditions of this Agreement Nexus at Opus Park Development Agreement 2 relating to land alteration are hereby incorporated into and made a part of the Issued Land Alteration Permit. Where any provision of this Agreement requires an action to occur before the issuance of a land alteration permit, provided that such action has not already occurred in connection with issuance of the Issued Land Alteration Permit, such provision is hereby revised and will be interpreted to require the action to instead occur prior to the earlier of the release of the final plat, if any, or issuance of the first building permit for the Property. 2. PRIOR DEVELOPMENT AGREEMENTS. The following prior Development Agreements and approvals relate to the Property (the “Prior Development Agreements”): • Rezoning Agreement between Rauenhorst Corporation and the City dated November 21, 1974 (on file with the City); • Re-Zoning Agreement between Rauenhorst Corporation and the City dated February 8, 1977, filed with the Hennepin County Registrar of Titles on February 18, 1977 as Document No. 4267362; • Developer’s Agreement between Rauenhorst Corporation and the City dated October 17, 1978, filed with the Hennepin County Registrar of Titles on October 27, 1978 as Document No. 1301018; • Developer’s Agreement between American Family Mutual Insurance Company and the City dated June 4, 1980 (on file with the City); • Developer’s Agreement between Rauenhorst Corporation and the City dated October 30, 1980 (on file with the City); • Developer’s Agreement between American Family Insurance and the City dated November 3, 1987 (on file with the City) This Agreement supersedes in their entirety the Prior Development Agreements, and the Prior Development Agreements will have no further force or effect, as they apply or relate to the Property. This Agreement has no effect on the Prior Development Agreements to the extent they apply or relate to property other than the Property described in Exhibit A. 3. PLANS: Developer must develop the Property in conformance with the materials reviewed and approved by the City Council on July 16, 2024, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 4. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 5. DEMOLITION: Prior to demolishing the existing structures on the Property, Developer must apply for and obtain approval of a demolition permit from the City. 6. ELECTRIC VEHICLE CHARGING STATIONS: Developer will provide electric vehicle charging capability (“EV-capable”) to seven (7) parking stalls. EV-capable means the presence of electrical panel capacity with dedicated branch circuit and a continuous raceway from the Nexus at Opus Park Development Agreement 3 panel to the future electric vehicle parking spots. 7. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include: 1. Wetland boundaries; 2. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 3. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map; 2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater infiltration BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or infiltration tests are more restrictive than the assumptions made in the Stormwater Management Report, the design of the permanent stormwater management BMPs must be Nexus at Opus Park Development Agreement 4 amended accordingly and an updated Stormwater Management Report must be provided. 3. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”); 4. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications. 5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency (the “Minnesota Stormwater Manual”). The underground system must be kept off-line until construction is complete; 6. Erosion and sedimentation control plan; 7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and 8. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the infiltration system(s) will be protected during construction and functional after Nexus at Opus Park Development Agreement 5 completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes (must not be allowed within the infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work (to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP. 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will Nexus at Opus Park Development Agreement 6 be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance. An Inspection and Maintenance Agreement for Private Stormwater Facilities (Exhibit D) must be recorded for privately owned and maintained Stormwater Facilities. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, as shown on the Exhibit B Plans, Developer must submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to any grading on the Property, Developer must place a construction fence on the approved construction grading limits. Developer must notify the City 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence. 10. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 11. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to the issuance of a Land Alteration Permit, the Developer must pay the cash payment in lieu of tree replacement as provided by City Code Section 11.55, Subd. 4. A cash payment must be provided based on the Exhibit B Plans, unless otherwise approved by the City Planner. The cash payment must be calculated in accordance with the fee schedule in effect at the time of the issuance of the land alteration permit. The cash payment based on the Exhibit B Plans is for 1081 inches of tree replacement. Nexus at Opus Park Development Agreement 7 Prior to issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to land alteration permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 12. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air- conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. Nexus at Opus Park Development Agreement 8 13. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording. 14. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Nine Mile Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, Hennepin County and the City of Minnetonka. The City Planner may determine that conditions of approval required by the Nine Mile Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 15. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 16. FUTURE PARKING STALLS: Developer and City acknowledge that the 142 future parking stalls proposed for the Property, depicted in the Plans, are designated for use by the future tenant(s) of the building on the Property and that said stalls are not required to be constructed at this time. The Plan is conceptual. At such time that the uses of the building require parking stalls in excess of the number of parking stalls constructed with the initial development, the Developer must construct all or a portion of the future parking stalls in order to accommodate the tenant(s) of the building on the Property and comply with City Code parking requirements. The City Planner will notify the Developer in writing of the need to construct additional parking stalls. This notification will include the number, location and timetable for construction of the additional parking stalls. Developer must submit a final plan for City approval. Developer must comply with all zoning requirements and requirements contained in the City Planner’s notification. 17. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Retaining walls must not be constructed in a drainage or utility easement area. Nexus at Opus Park Development Agreement 9 The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer must construct the retaining wall in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 18. SIDEWALK AND TRAIL CONSTRUCTION: As shown on the Exhibit B Plans, Developer will construct a trail on the site that will be located partially within the Property and partially within right-of-way operated by the City of Minnetonka. Prior to issuance by City of any building permit for the Property, Developer must submit to the City Engineer proof that the final plan for the trail has been approved by the City of Minnetonka and that any documents required by the City of Minnetonka (i.e., easements) have been properly recorded with Hennepin County. 19. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 20. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property. 21. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the building as depicted on the Plans. If the Developer or tenant(s) determine that the exterior storage of trash, recycling, and organic waste bins or receptacles is a better fit for their business, the bins or receptables must be located within an enclosure that complies with City requirements. Plans for the enclosure must be submitted to the City for review and approval. 22. TRAVEL DEMAND MANAGEMENT PLAN: Developer must implement the strategies identified in the Travel Demand Management Checklist completed by the Developer to help reduce traffic congestion. The completed checklist is attached as Exhibit E. Nexus at Opus Park Development Agreement 10 23. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property. 24. UTILITIES: The Developer is advised that Water and Sanitary sewer services are provided by the City of Minnetonka. The City of Minnetonka may require additional information related to the use (or uses) of the building, which may impact the capacity of the Water and Sanitary Sewer systems. Nexus at Opus Park Development Agreement 11 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. 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 Nexus at Opus Park Development Agreement 12 Endeavor Nexus, LLC By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by _______________________________________, the , of Endeavor Nexus, LLC, a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 Nexus at Opus Park Development Agreement 13 EXHIBIT A Nexus at Opus Park Development Agreement Legal Description Lot 1, Block 1, American Family Addition, Hennepin County, Minnesota. (Torrens Property) Nexus at Opus Park Development Agreement 14 EXHIBIT B Nexus at Opus Park Development Agreement Narrative dated 3/27/24 by Alliant Future Parking Exhibit dated 6/12/24 by Alliant A001 Floor Plan dated 5/1/24 by Pope Design Group A002 Enlarged Floor Plan A dated 3/25/24 by Pope Design Group A003 Enlarged Floor Plan B dated 3/25/24 by Pope Design Group A004 Exterior Elevations – Exterior Material Finish Schedule dated 6/3/24 by Pope Design Group C001 Cover dated 6/12/24 by Alliant C002 Demolition Plan dated 6/12/24 by Alliant C003 Site Plan dated 6/12/24 by Alliant C004 Grading Plan dated 6/12/24 by Alliant C005 Erosion Control Plan dated 5/1/2024 by Alliant C006 Utility Plan dated 6/12/24 by Alliant C007 Detail Sheet dated 5/1/2024 by Alliant C008 Snow Storage Plan dated 6/12/24 by Alliant E001 Photometric Plan dated 6/12/24 by Pulse L001 Tree Preservation and Removal Plan dated 6/12/24 by Alliant L002 Tree Preservation and Removal Plan Data dated 6/12/24 by Alliant L003 Landscape Details dated 6/12/24 by Alliant L004 Landscape Plan dated 6/12/24 by Alliant S001 Survey dated 3/11/24 by Alliant S002 Survey dated 3/11/24 by Alliant S003 Survey dated 3/11/24 by Alliant C003.2 Rooftop Screening Plan dated 6/12/24 by Alliant Nexus at Opus Park Development Agreement 15 EXHIBIT C Nexus at Opus Park Development Agreement 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer. 2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale). 3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”). c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances. d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. Nexus at Opus Park Development Agreement 16 Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. 5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements to the Property. 6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. 8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. Nexus at Opus Park Development Agreement 17 11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. 14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City. 17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. 18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. 19. Developer will pay upon demand to the City all costs incurred by the City in conjunction with Nexus at Opus Park Development Agreement 18 the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement. 21. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. Nexus at Opus Park Development Agreement 19 23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. 24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations. Nexus at Opus Park Development Agreement 20 EXHIBIT D Nexus at Opus Park Development Agreement INSPECTION AND MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER FACILITIES This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____ day of , of the year, 20___, by and between __________________, a ____________________, its successors and assigns (hereinafter called the “Owner”, whether one or more) and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “City”). WITNESSETH, that WHEREAS, the City is required by federal and state surface water quality regulations and its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit to prevent surface water quality degradation from development and redevelopment activities within its jurisdiction; WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such regulations are contained in Section 11.55 of the Eden Prairie City Code; WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4 General Permit as "a stationary and permanent BMP that is designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins, sand filters, stormwater ponds, manufactured treatment devices, and structures that perform chemical treatment of stormwater; WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55, Subd. 2 of Eden Prairie City Code; WHEREAS, the Owner is the fee owner of real property located at _____________(property address and/or PID)_____________________ and legally described on the attached Exhibit A (“Property”); Nexus at Opus Park Development Agreement 21 WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the Property that have been approved by the City in accordance with City Code; WHEREAS, some or all of the stormwater facilities on the Property serve private property and are not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification; WHEREAS, the City’s MS4 Permit requires the City to have an executed legal mechanism for the inspection and maintenance of Private BMPs. NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the approval by the City, the Owner does hereby covenant and agree with the City as follows: 1. The Owner will provide long-term maintenance and continuation of the Private BMPs identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working condition in accordance with the original design specifications. The Owner must perform inspection and maintenance activities utilizing the checklists provided in Exhibit C (or similar, approved in advance by City staff), as well as the recommendations set forth in the Minnesota Stormwater Manual. 2. Following final acceptance of the construction by the City, the Owner must maintain a copy of this Agreement on site, together with a record of all inspections and maintenance actions required by this Agreement. The Owner must document the inspections, remedial actions taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify the City of any planned change in ownership or management of the system. 3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2) years after completion and final acceptance of the construction. After two (2) annual inspections are approved by the City in writing, all private BMPs must undergo, at a minimum, one (1) inspection every five (5) years to document maintenance and repair needs and ensure compliance with the requirements of this Agreement and all federal, state and local regulations. An inspection report for each inspection must be filed with the City through its website within ninety (90) days of the inspection. The inspection frequency may be increased as deemed necessary by the City to ensure proper functioning of the Private BMPs. 4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater treatment systems differently than specified in this agreement, the direction of the NPDES permit will supersede and override the provisions of this Agreement. 5. The Owner hereby grants permission to the City, its authorized agents, contractors, and Nexus at Opus Park Development Agreement 22 employees the right of ingress, egress and access to enter the Property at reasonable times and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby grants to the City the right to enter the Property to install and maintain equipment to monitor or test the performance of the Private BMPs for quality and quantity upon reasonable notice to the Owner. Whenever possible, the City will notify the Owner prior to entering the Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the Property while conducting such inspections. 6. In the event the City determines that the Private BMPs are not being maintained in good working order, the City will give written notice to the Owner to repair, replace, reconstruct or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner fails to comply with the City’s notice within the time specified, Owner authorizes the City or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the City is under no obligation to maintain or repair any Private BMPs, and in no event will this Agreement be construed to impose any such obligation on the City. 7. In the event the City, pursuant to this Agreement, performs work of any nature on Private BMPs on the Property, or expends any funds in the performance of said work for labor, use equipment, supplies, materials, and the like, the Owner will reimburse the City upon demand, within thirty (30) days of receipt of written request for reimbursement for all costs incurred by the City. If the City has not received payment from the Owner by the end of the thirty (30) day period, the City may use any other remedies available by law to collect the amount due from the Owner, and may also recover and collect from Owner the reasonable expenses of collection, including court costs, and attorney fees. 8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs on the Property by the Owner; provided, however, that this Agreement will not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by the Private BMPs or stormwater management practices on the Property. 9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other successors in interest, will indemnify and hold the City and its agents and employees harmless for, and defend against at its own expense, any and all damages, accidents, casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which might arise or be asserted, in whole or in part, against the City from the construction, presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the event a claim is asserted against the City, its officers, agents or employees, the City will notify the Owner, who must defend at Owner’s expense any suit or other claim against the City with counsel acceptable to the City. Nexus at Opus Park Development Agreement 23 10. No waiver of any provision of this Agreement will affect the right of any party to enforce such provision or to exercise any right or remedy available to it in the event of another party’s default. 11. The Owner must record this Agreement with the Hennepin County Recorder and/or Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running with the land and will be binding upon the Owner and the Owner’s heirs, administrators, executors, assigns, and any other successors in interest to the Property. 12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City Code and certify to the City that the constructed facilities conform to the approved stormwater management plan for the Property. If the constructed condition of the Private BMP or its performance varies significantly from the approved plan, appropriately revised calculations must be provided to the City and the plan must be amended accordingly. 13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s association, deed restrictions and covenants for property included in the association will: (a) include mandatory membership in the property owner’s association responsible for providing maintenance of the Private BMPs; (b) require the association to maintain the private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon the property of individual owners within the association upon recording a notice of non-payment. 14. This Agreement must be re-approved and re-executed by the City if all or a portion of the Property is subdivided or assembled with other property or if Private BMPs or their drainage areas are modified, causing decreased effectiveness. New, repaired, or improved Private BMPs must be implemented to provide equivalent or better treatment when compared with the original structural stormwater BMPs. 15. The Owner must sweep all private streets, driveways, sidewalks, trails and parking areas within the Property as delineated in Exhibit B at least once each year, either in the spring following snowmelt or in the fall after leaf fall. 16. The Owner must submit inspection and maintenance records for each Private BMP to the City's Water Resources Coordinator through the City’s website at the frequency required in this Agreement. The Owner may use the inspection and maintenance checklists found in Exhibit C, or similar documentation as approved by the City. 17. The City may seek any remedy in law or equity against the Owner for a violation of this Agreement. 18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the inspection and maintenance of Private BMPs, the provisions which provide greater protection Nexus at Opus Park Development Agreement 24 for water resources, as determined by the City in its sole discretion, will prevail. 19. The recitals set forth above are expressly incorporated herein. (signatures on following pages) Nexus at Opus Park Development Agreement 25 IN WITNESS WHEREOF, Owner and the City have entered into this Agreement as of the date written above. OWNER _____ [not to be signed]___________________________ By: ______________________________ Its: ______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by _______________________________________, the , of ________________, a _______________________, on behalf of the company. Notary Public Nexus at Opus Park Development Agreement 26 CITY OF EDEN PRAIRIE By__ [not to be signed]_ ________________________ Ronald A. Case Its Mayor By_ [not to be signed]___________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. 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 THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Nexus at Opus Park Development Agreement 27 EXHIBIT A: Legal Description of Property EXHIBIT B: Map of Private BMPs on Property, including City water body identification number and areas requiring street sweeping EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and Maintenance Checklist Nexus at Opus Park Development Agreement 28 EXHIBIT E Nexus at Opus Park Development Agreement Travel Demand Management Checklist CITY COUNCIL AGENDA SECTION: Consent DATE: July 16, 2024 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Jeremy Barnhart ITEM DESCRIPTION: Lotus Villas on Anderson Lake ITEM NO.: XIII.B. Requested Action Move to: • Approve the 2nd Reading of an Ordinance for Planned Unit Development District Review with Waivers and a Zoning District Change from Office to R1-9.5 on 5.0 acres • Approve Development Agreement for Lotus Villas on Anderson Lake Synopsis This is the final review for Lotus Villas on Anderson Lake, a 19 unit single family subdivision, replacing an office building. The project will include a new private road off of Prairie Lakes Drive. The application included a Comprehensive Plan Amendment, changing the Land Use guidance from Office to Low Density Residential. The Metropolitan Council approved that amendment on May 30, 2024. Waivers are requested, including waivers for lot area, lot width, front and rear setbacks, and impervious surface. Background The public hearing and first reading for this project was held on May 7, 2024. The 120-day review period has been extended by the applicant to July 19, 2024. Attachments 1. Ordinance for Planned Unit Development District Review with Waivers and Zoning District Change 2. Development Agreement LOTUS VILLAS ON ANDERSON LAKE 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. Section 2. That action was duly initiated proposing that the land be removed from the Office 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 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 Office Zoning District and placed in the R1-9.5 Zoning District respectively 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 as of entered into between 10700 PLD Land 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 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 16th day of July, 2024. ATTEST: __________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2024. EXHIBIT A Legal Description: The Land is described as follows: Tract B, Registered Land Survey No. 1550, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1104669 LOTUS VILLAS ON ANDERSON LAKE 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 10700 Prairie Lakes Drive from the Office 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 Current on__________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.) 1 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 DEVELOPMENT AGREEMENT Lotus Villas on Anderson Lake THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of July 16, 2024, by R.E.C., Inc., a Minnesota corporation, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Guide Plan Change from Office to Low Density Residential on 5.0 acres, Planned Unit Development Concept Review on 5.0 acres, Planned Unit Development District Review with waivers on 5.0 acres, Zoning District Change from Office to R1-9.5 Zoning District on 5.0 acres, and Preliminary Plat of 5.0 acres into 19 lots and 2 outlots (the “Applications”), for real property legally described on Exhibit A (the “Property”); WHEREAS, the fee owner of the Property is 10700 PLD Land, LLC, a Minnesota limited liability company (“Owner”), and the term “Owner” as used in this Agreement will include Owner’s successors and assigns in ownership of the Property; WHEREAS, on May 7, 2024, the City authorized the issuance of an early land alteration permit for the Property (the “Issued Land Alteration Permit”), subject to the conditions outlined in the permit; and 2 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 WHEREAS, Developer’s predecessor-in-interest and City entered into that certain Developer’s Agreement dated July 3, 1979, filed with the Hennepin County Registrar of Titles’ Office on August 28, 1979 as Document No. 1345096, pertaining to the Property and other real property (“Original Development Agreement”). NOW, THEREFORE, in consideration of the City adopting Resolution No. 2024-050 for Guide Plan Change, Resolution No. 2024-051 for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Change from Office to Low Density Residential on 5.0 acres, and Resolution No. 2024-052 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. EARLY LAND ALTERATION PERMIT. The terms and conditions of this Agreement relating to land alteration are hereby incorporated into and made a part of the Issued Land Alteration Permit. Where any provision of this Agreement requires an action to occur before the issuance of a land alteration permit, provided that such action has not already occurred in connection with issuance of the Issued Land Alteration Permit, such provision is hereby revised and will be interpreted to require the action to instead occur prior to the earlier of the release of the final plat, if any, or issuance of the first building permit for the Property. 2. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated April 24, 2024, reviewed and approved by the City Council on May 7, 2024, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 4. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each lot of the Property, a Certificate of Survey for such lot must be submitted for review and written approval by the Building Department. The Certificate of Survey must include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and must further contain the following information: A. Topography with 2-foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. Reflect no construction or grading within any conservation easement area. H. Engineered design for footing, foundation, and retaining walls. 3 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 I. Impervious surface calculations 5. CASH PARK FEES: In lieu of dedication of land, Developer must pay cash park fees for 19 lots as required by City Code in effect as of the date of the issuance of the building permit(s) for construction on the Property. 6. SUSTAINABLE BUILDING STANDARD: Approval of the PUD for this development requires compliance with the City’s Sustainable Building Standard requirements for 1-to- 4-unit dwellings. Building plans for each dwelling unit must incorporate the following features, which must be implemented by Developer prior to issuance of any occupancy permit for the dwelling unit. A. Installation of one EV-Ready parking space per dwelling unit. EV-Ready means the presence of electrical panel capacity with a dedicated branch circuit and a continuous raceway with conduit terminating in a junction box or 240-volt charging outlet at the future electric vehicle parking spot. B. Roof of each unit must be built to meet Solar-Ready Provisions from most recent version of the ICC International Residential Code. Elements include solar-ready zone designation, roof load documentation, interconnection pathway, and reserved space in the electrical service panel. 7. FINAL PLAT: The final plat of the Property must be recorded with the Hennepin County Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of approval by the City Council or within 2 years of approval of the preliminary plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice to the Developer, consider a resolution revoking the approval. Prior to release of the final plat, Developer shall pay for engineering land development services, final plat application and processing fees, and street signs related to the development project area. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include: 1. Wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; 4 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 2. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 3. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map; 2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or infiltration tests are more restrictive than the assumptions made in the Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided. 3. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”); 4. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and 5 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications. 5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency (the “Minnesota Stormwater Manual”).; 6. Erosion and sedimentation control plan; 7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and 8. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the infiltration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes (must not be allowed within the infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work (to be approved in writing by the City Engineer) to complete the following: 1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP. 6 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the Developer, Owner, or the HOA will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance unless otherwise noted. The Stormwater Facilities designated on the Plans as BMP 13-34-C and its appurtenant storm sewer pipes and structures, including those on Outlot B, will be privately owned and maintained by Developer and thereafter by the HOA as hereinafter provided. Prior to release of the Land Alteration Security, an Inspection and Maintenance Agreement for Private Stormwater Facilities in the form attached hereto as Exhibit F must be recorded for all privately owned and maintained Stormwater Facilities. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed. 7 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 9. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks and includes a rain senser shut-off. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 10. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City the mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording. 11. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Nine Mile Creek Watershed District, and the Minnesota Department of Health. The City Planner may determine that conditions of approval required by the Nine Mile Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 12. PUBLIC USE OF STREETS: All private streets shown on the Plans must be open to the use of the public as a matter of right for the purposes of vehicular traffic as if they were “streets” as defined in Minnesota Statutes Chapter 169. 13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-9.5 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD _______________: A. Section 11.11 requires all lots to be a minimum of 9,500 square feet. The waiver allows all lots except for the following four lots to be less than the minimum size, as shown on the Exhibit B Plans: • Lot 1, Block 1 • Lots 1, 5, and 12, Block 2 8 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 B. Section 11.11 requires each lot to be a minimum of 70 feet in width. Corner lots must be 90 feet in width. The waiver allows all lots except Lot 12, Block 2 to have less than the required width, as shown on the Exhibit B Plans. C. Section 11.11, Subd. 4.I requires all lots to have frontage on a public street. The waiver excepts all lots but Lot 1, Block 1 and Lot 1, Block 2, from this requirement. The lots will instead have frontage on a private street. D. Section 11.11 requires a front yard setback of 30 feet. The waiver reduces the required minimum front yard setback for all lots to 20 feet. E. Section 11.11 requires a 20 foot rear yard setback. The waiver reduces the rear yard setback for Lot 2, Block 3 to 10 feet. F. The Property is within the Shoreland Overlay Zoning District. City Code Section 11.50, Subd. 13.E limits impervious surface coverage in that overlay district to 30%. The waiver allows up to 44.7% impervious surface coverage on the Property. The approved Exhibit B plans reflect an overall impervious lot coverage of 44.7% for the Property, including impervious streets, and assumptions for building size, driveway size, and deck and patio improvements on subdivided parcels. Maximum impervious coverage limits for individual lots are as follows: Impervious Coverage Maximum (square feet) Lot 1 Block 1 3,930 Lot 2 Block 1 3,930 Lot 3 Block 1 3,930 Lot 4 Block 1 3,930 Lot 1 Block 2 3,930 Lot 2 Block 2 3,930 Lot 3 Block 2 3,930 Lot 4 Block 2 3,930 Lot 5 Block 2 5,030 Lot 6 Block 2 4,480 Lot 7 Block 2 3,930 Lot 8 Block 2 3,930 Lot 9 Block 2 3,930 9 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 Lot 10 Block 2 3,930 Lot 11 Block 2 3,930 Lot 12 Block 2 3,930 Lot 1 Block 3 3,733 Lot 2 Block 3 3,733 Lot 3 Block 3 3,833 14. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Retaining walls must not be constructed in a drainage or utility easement area. The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer must construct the retaining wall in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Owner, Developer, or the HOA. 15. ENTRANCE SIGN: Developer must submit detailed plans for the entrance sign located on Outlot A as depicted on the Plans, for review and written approval by the City Planner. Prior to release of the final plat, Developer must submit for review and approval by the City Engineer, restrictive covenants that provide that the Developer, Owner, or the HOA is or will be solely responsible for the maintenance, repair, replacement, and removal of the entrance sign. Prior to issuance of the first building permit for the Property, Developer must submit evidence to the City Engineer that the approved restrictive covenants have been filed in the Hennepin County Recorder or Registrar of Titles’ Office as appropriate. 16. PUBLIC IMPROVEMENTS: Developer will be installing a public sidewalk along Prairie Lakes Drive, and public sanitary sewer main and watermain within Outlot B, which contains the private street within the Property (the “Public Improvements”). Prior to issuance by the City of any permit for the construction of the Public Improvements, Developer must submit to the City Engineer, and obtain the City Engineer's written approval of plans for the Public Improvements. Plans must be prepared and properly signed by a currently licensed Professional Civil Engineer (Engineer of Record) employed by the Developer. The submitted plans must be of a plan view and profile format on 24” x 36” (or 22” x 34”) plan sheets at 50 scale consistent with City standards. Prior to release of the final plat for the Property, Developer must furnish to the City Engineer and receive the 10 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 City Engineer’s written approval of financial security equal to 125% of the cost of the Public Improvements. A fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. The Developer’s licensed Professional Civil Engineer (Engineer of Record) must provide daily inspection of the Public Improvements, certify completion in conformance to approved plans and specifications, and provide record drawings and testing results. So long as Developer is not in default of the terms and conditions of this Agreement, periodically upon a request by Developer and City’s verification of satisfactory completion of any installed Public Improvements, a like percentage of that portion of the Financial Security covering those specific completed Public Improvements may be released. The Developer shall warrant and guarantee and agree to maintain the stability of all public work and materials done, furnished, and installed under this Agreement for a period of two years. The Developer shall provide a warranty bond in the amount of 25% of the cost of the Public Improvements. Upon completion of the Public Improvements, the City Engineer will issue a letter to the Developer confirming completion and acceptance of the Public Improvements, and the date of the letter shall be the first day of the two-year warranty period. The City Engineer shall deliver such letter within 30 days of Developer’s request or provide a detailed written response to Developer why the City cannot issue such letter. After expiration of the two-year warranty period, the City shall be responsible for the maintenance and repair of the Public Improvements. The City does not waive any rights, claims, or causes of action it may have, if any, regarding any latent defects to the Public Improvements upon the expiration of the two-year warranty period. 17. TREE REPLACEMENT PLAN: Prior to the issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed Tree Replacement Agreement for the Property, which must be consistent with the Exhibit B, Sheet L-1 Landscaping Plan. The Tree Replacement Plan must be phased to include all common areas, outlots, and perimeter plantings in Phase One and individual lots in Phase Two as depicted in the Exhibit B Plans. Trees in Phase One must be planted within 18 months of issuance of a land alteration permit for the Property. Trees in Phase Two on individual lots must be planted within 18 months of issuance of a building permit for the subject lot, and must not be planted prior to the issuance of a building permit without written approval from the City Planner. Prior to the issuance of a land alteration permit, Developer must also submit to the City Planner and receive the City Planner’s written approval of two securities in the form of a cash escrow or irrevocable letter of credit equal to 150% of the cost of the tree replacement work, including all proposed trees, to align with project phasing as depicted on the Tree Replacement Plan. The security for Phase One will be held for two growing seasons after the installation of all plantings in Phase One and inspection by the City, consistent with the Tree Replacement Agreement. The security for Phase Two will be held for two growing 11 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 seasons after the installation of all plantings in Phase Two and inspection by the City, consistent with the Tree Replacement Agreement. The security for Phase Two may be used to correct any damage to Phase One plantings not corrected by Developer that may occur during Phase Two building construction after the release of Phase One security. The Tree Replacement Plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. Should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation must conform to the approved Tree Replacement Plan including but not limited to the size, species, and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal, relocation, and species substitutes of similar size, shape, hardiness, sensitivity, etc. to the Tree Replacement Plan or plantings installed on the Property must be reviewed and approved by the City prior to implementing such changes. Developer must complete implementation of the approved Tree Replacement Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of the Tree Replacement Agreement and Exhibit C of this Development Agreement. Any tree planted in Phase One that may be impacted by Phase Two building construction on the lot on which it is located or on an adjacent lot must be protected through the duration of Phase Two construction. 18. ENCROACHMENT AGREEMENT: Developer proposes to meet its tree replacement requirements, in part, by planting trees within the public drainage and utility easements along the northwestern and southeastern boundary lines of the Property, which will be 25-foot easements. Trees planted in these easements will also provide screening for adjacent properties. The City will permit Developer to encroach on those easement areas with tree plantings, subject to Developer’s and Owner’s execution of an Encroachment Agreement with the City in the form attached hereto as Exhibit D (“Encroachment Agreement”), which will provide the terms and conditions under which Developer and successive property owners and/or the HOA may use those drainage and utility easement areas. Prior to release of the final plat, Developer must provide the Encroachment Agreement to the City Engineer for review and approval. The Encroachment Agreement must be recorded with the Hennepin County Registrar of Titles’ Office immediately after the recording of the final plat and this Agreement. Prior to the issuance of any building permit for the Property, Developer must provide to the City Engineer proof that the Encroachment Agreement has been properly recorded. 19. UTILITY EASEMENTS: Developer agrees that prior to approval of the final plat for the Property, Developer must dedicate drainage and utility easements to the City on the final plat as shown on the Plans, except that the drainage and utility easements along the northwestern and southeastern boundaries of the Property must be increased to be 25-feet wide. 12 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 20. SNOW AND SALT STORAGE: Snow must not be stored in any required stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or the HOA must remove the snow from the Property. Salt storage is not allowed on the Property unless: A. The designated salt storage area is indoors; B. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and C. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Winter maintenance contractors must provide documentation annually of current certification through MPCA's Smart Salting program and annual refresher courses. This information must be provided to City Water Resources staff. Prior to October 31 each year, the, the Developer, or the HOA must provide City Water Resources staff with the name, phone number, and email address of the winter maintenance contractor(s). Prior to the 5th of each month November through May, the Owner, the Developer, or the HOA 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. The Owner, the Developer, or the HOA must conduct street sweeping of the private street when needed within 72 hours of such a request from the City Engineer. 21. ORIGINAL DEVELOPMENT AGREEMENT. As relating to the Property, the terms and conditions of the Original Development Agreement are superseded in their entirety and no longer affect the Property. 22. MAINTENANCE OF PRIVATE IMPROVEMENTS: The project approved for the Property will be administered as a Common Interest Community (CIC). Developer and Owner will create the CIC and establish a homeowner’s association (HOA) to administer the CIC that will provide lawn care, snow removal, common area landscaping, maintenance of the private street, and the entrance monument sign. Prior to the issuance of the first certificate of occupancy for the Property and before it is recorded against the Property, Developer must provide to the City Engineer, and obtain the City Engineer’s approval, of the CIC Declaration to ensure that these HOA obligations are correctly reflected in the Declaration. Prior to recording of the CIC Declaration and establishment of the HOA, Developer and Owner will be jointly and severally liable for the maintenance obligations described in this paragraph. After recording of the CIC 13 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 Declaration and establishment of the HOA, the HOA will be solely responsible and liable for the maintenance obligations described in this paragraph. 23. EARLY BUILDING PERMITS FOR MODEL HOMES: Developer may obtain no more than two building permits, for use solely as unoccupied model homes, prior to the completion of the Public Improvements, so long as Developer is in compliance with the following terms and conditions: a. The City Engineer has approved the location of the model homes and has determined that the model home construction will not adversely impair grading, installation of Public Improvements, and other development work. b. The final plat has been recorded. c. The model home construction is performed in compliance with all terms and conditions of this Agreement, and compliance is maintained throughout the process of construction of the model homes. d. Developer assumes all risk that construction of the model homes will require alteration, removal, or restoration of grading, Public Improvements, other development work, or the model homes, if directed by the City Engineer. By permitting construction of the model homes, the City does not waive any rights pursuant to any provisions of this Agreement or other legal requirements. Except as otherwise specifically provided herein, all terms and conditions of this Agreement apply to the construction of the model homes. e. No occupancy permit will be issued for a model home prior to completion and acceptance of the Public Improvements. 24. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s Supplement to this Agreement executed by and between the City of Eden Prairie and 10700 PLD Land, LLC is attached hereto and made a part hereof. 14 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. 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 16 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 EXHIBIT A Lotus Villas On Anderson Lake Development Agreement Legal Description Before Final Plat Tract B, Registered Land Survey No. 1550, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1104669 Legal Description After Final Plat Lots 1–4, Block 1, Lots 1–12, Block 2, Lots 1–3, Block 3, and Outlots A and B, Lotus Villas on Anderson Lake, Hennepin County, Minnesota. 17 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 EXHIBIT B Sheet 1 of 13 Sheets Cover Sheet by Campion Engineering Services, Inc dated 3-6-24 Sheet 3 of 13 Sheets Preliminary Plat by Campion Engineering Services, Inc dated 3-7-24 Sheet 4 of 13 Sheets Preliminary Site Plan by Campion Engineering Services, Inc dated 3-7-24 Sheet 5 of 13 Sheets Preliminary Sanitary Sewer and Watermain by Campion Engineering Services, Inc dated 3-7-24 Sheet 6 of 13 Sheets Preliminary Storm Sewer Plan by Campion Engineering Services, Inc dated 3-7-24 Sheet 7 of 13 Sheets Preliminary Street Profiles by Campion Engineering Services, Inc dated 3-7-24 Sheet 8 of 13 Sheets Preliminary Grading Plan by Campion Engineering Services, Inc dated 3-7- 24 Sheet 9 of 13 Sheets Preliminary Storm Water Pollution Prevention Plan by Campion Engineering Services, Inc dated 3-7-24 Sheet 10 of 13 Sheets Preliminary Tree Inventory Plan by Campion Engineering Services, Inc dated 2-16-24 Sheet 11 of 13 Sheets Utility Details 1 by Campion Engineering Services, Inc dated 3-7-24 Sheet 12 of 13 Sheets Utility Details 2 by Campion Engineering Services, Inc dated 3-7-24 Sheet 13 of 13 Sheets Utility Details 3 by Campion Engineering Services, Inc dated 3-7-24 Sheet 1 of 1 Shoreland Exhibit by Campion Engineering Services, Inc dated 3-7-24 Sheet L-1 of 2 Sheets Landscaping Plan by Studio Gro dated 5-28-24 Sheet L-2 of 2 Sheets Landscaping Details by Studio Gro dated 3-7-24 18 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 EXHIBIT C DEVELOPMENT AGREEMENT – Lotus Villas on Anderson Lake 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer. 2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale). 3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount reasonably determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”). c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances. d. That, to Developer’s knowledge, no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, 19 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. 5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property. 6. Except for two (2) building permit for a model dwelling as permitted by this Agreement, the City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. 8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. 11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan 20 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines. 12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. 14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City. 17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. 18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. 21 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 19. Developer will pay upon demand to the City all costs reasonably incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days’ notice to the Developer, for any violation of the terms of this Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement. 21. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including reasonable attorneys’ fees), damages and injunctions relating to any 22 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. 23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. 24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations. 23 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 EXHIBIT D DEVELOPMENT AGREEMENT – Lotus Villas on Anderson Lake ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Encroachment Agreement (“Agreement”) is made this ____ day of ________________, 2024 by 10700 PLD LAND, LLC, a Minnesota limited liability company, its successors and assigns in ownership of the Property (“Owner”), R.E.C., Inc., a Minnesota corporation, its successors and assigns, (“Developer”) and the City of Eden Prairie, a Minnesota municipal corporation (the “City”). WHEREAS, Owner is the fee owner of property located in Hennepin County, Minnesota, legally described in Exhibit A attached hereto (the “Property”), and hereby consents to this Agreement; WHEREAS, Developer and the City have entered into a separate Development Agreement dated _____________, 2024 (the “Development Agreement”) regarding the development of the Property; WHEREAS, as stated in the Development Agreement, Developer proposes to meet its tree replacement requirements, in part, by planting trees (the “Improvements”) within the public drainage and utility easements along the northwestern and southeastern boundaries of the Property, as shown on the final plat (the “Public Easements”); and WHEREAS, Developer will establish a homeowner’s association (HOA) to provide, among other things, maintenance of lawns, landscaping, and vegetation on the Property; WHEREAS, the City will permit the Improvements on the Public Easements in the areas legally described and depicted on Exhibit B attached hereto (the “Encroachment Area”), subject to and in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. Restriction on Alterations. Except as permitted by this Section, no action of any kind shall be undertaken to alter the grade or drainage or change or disturb the landscaping, open spaces, and vegetation existing in the Encroachment Area as of the date hereof. No use shall be made of the Encroachment Area except uses, if any, which would not change or alter the condition of the Encroachment Area or its grade, drainage, water conservation, erosion control, soil 24 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 conservation and related characteristics. No improvements may be installed, no structures may be built, no grading may be done, no improvements of any kind may be made, and no earthen material may be removed from or placed on the Encroachment Area. The Encroachment Area shall remain in all respects undisturbed, except that Owner, Developer, and/or the HOA may plant trees in the Encroachment Area, may clear any debris including dead vegetation from the Encroachment Area, may remove invasive non-native vegetation such as European buckthorn, and may engage in other environmental management practices approved by the City. In addition, Owner, Developer, and the HOA shall have the authority and obligation to replace trees removed as the result of any work being done in the Encroachment Area. 2. Right of Inspection and Enforcement. The City may at any time enter upon the Encroachment Area for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Encroachment Area without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Encroachment Area and to take whatever other actions are reasonably necessary to restore the Encroachment Area to its condition required hereunder. If there is a violation of the covenants contained herein, the City shall provide notice and an order for corrective action consistent with City regulations. If the Owner, Developer, and/or the HOA does not take the required corrective action, the City may enter the Property in order to perform the action. In such case, the City shall send an invoice of its reasonable maintenance costs to the Owner, Developer, and/or the HOA, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Owner, Developer, and/or the HOA fails to reimburse the City for its costs and expenses within thirty (30) days of receipt of an invoice for such costs, the City shall have the right to specially assess the full cost thereof against the applicable portion Property. The Owner, Developer, and the HOA, acknowledge that any such corrective work performed by the City benefits the applicable portion of the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Further, the City may enforce the terms of this Agreement by any proceeding in law or in equity to restrain violation, to compel compliance, or to recover damages, including attorneys’ fees and costs of the enforcement action. Owner and Developer shall not be liable for the actions of any of their successors, assigns or other third parties, other than their employees, agents or contractors, which may violate the terms of this Agreement. 3. Condition of Public Easements. The Owner and Developer acknowledge the City has made no representations or warranties regarding the condition of the Public Easements or its suitability for the uses permitted by this Agreement. 4. Indemnity. The Owner and Developer, jointly and severally, and thereafter the HOA shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising from, based on, or related to the encroachment of the Improvements on the Public Easements, including, but not limited to, any claim asserted against the City as a result of the installation, placement, or 25 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 maintenance of the Improvements and/or failure of the Owner, Developer or HOA to maintain the Improvements in such a condition as to prevent against injury to persons or property. 5. Waiver. Failure to enforce any provision of this Agreement upon a violation of it shall not be deemed a waiver of the right to do so as to that or any subsequent violation. 6. Severability. Invalidation of any of the terms of this Agreement shall in no way affect any of the other terms, which shall remain in full force and effect. 7. Construction and Binding Effect. This Agreement shall run with the Property and be binding on the Developer and Owner, its successors and assigns in ownership of the Property, and the HOA and inure to the benefit of the City, its successors and assigns. 8. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. If any portion of this Agreement is unenforceable under Minnesota law, the balance of this Agreement shall remain in full force and effect if enforcement of the remainder of this Agreement is reasonably practicable. 9. Duration/Amendment. Except as otherwise specifically provided above, the Encroachment Agreement and the other covenants, restrictions and obligations established hereby shall be effective upon the recording of this Agreement, and shall be perpetual unless terminated or modified by an amendment. This Agreement may be amended only with the approval of the then-current Owner, Developer, and/or the HOA and the City. The amendment shall be reduced to writing, signed by the approving parties and recorded with the Hennepin County Registrar of Titles Office. 26 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. DEVELOPER: R.E.C., Inc., a Minnesota corporation By:_[not to be signed]______________ J. Michael Waldo Its: Chief Executive Officer STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ________________________, 2024 by J. Michael Waldo, the Chief Executive Officer of R.E.C., Inc., a Minnesota corporation, on behalf of said corporation. ______________________________________ Notary Public 27 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 OWNER: 10700 PLD LAND, LLC, a Minnesota limited liability company By:_[not to be signed]______________ J. Michael Waldo Its: President STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me on ________________________, 2024 by J. Michael Waldo, the President of 10700 PLD LAND, LLC, a Minnesota limited liability company, on behalf of said company. ______________________________________ Notary Public 28 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 CITY OF EDEN PRAIRIE By: [not to be signed]_________________ Ronald A. Case, Mayor By: [not to be signed] Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _______, 2024, by Ronald A. Case and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. ______________________________ NOTARY PUBLIC This document drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 29 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 EXHIBIT A TO ENCROACHMENT AGREEMENT Legal Description of the Property Lots 1–4, Block 1, Lots 1–5 and 12, Block 2, and Outlot B, Lotus Villas on Anderson Lake, Hennepin County, Minnesota 30 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 EXHIBIT B TO ENCROACHMENT AGREEMENT Legal Description and Depiction of the Encroachment Area Legal Description of the Easement Area That part of Lots 1–4, Block 1, Lots 1–5 and 12, Block 2, and Outlot B, Lotus Villas on Anderson Lake, Hennepin County, Minnesota , according to the recorded plat thereof, Hennepin County, Minnesota, being described as follows: [TO BE ADDED] 31 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated January 11, 2024, recorded in the office of the Hennepin County Recorder or Registrar of Titles (as applicable), on January 11, 2024 as Document No. 6055448 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated July 16, 2024, by R.E.C., Inc. to the City of Eden Prairie. MINNWEST BANK By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ________________ ) On the ______ day of July, 2024, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of Minnwest Bank, a Minnesota charter bank, and that he/she is duly authorized to execute the foregoing instrument. ______________________________ Notary Public 32 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 Exhibit A To Consent and Subordination Legal Description Before Final Plat Tract B, Registered Land Survey No. 1550, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1104669 Legal Description After Final Plat Lots 1–4, Block 1, Lots 1–12, Block 2, Lots 1–3, Block 3, and Outlots A and B, Lotus Villas on Anderson Lake, Hennepin County, Minnesota. 33 Lotus Villas on Anderson Lake Development Agreement July 16, 2024 4214352.v3 OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN R.E.C., INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of _____________, 2024, by and between 10700 PLD LAND, LLC, a Minnesota limited liability company (“Owner”), and the CITY OF EDEN PRAIRIE (“City”): For, and in consideration of, and to induce City to approve that certain Development Agreement, including all City Approvals referenced therein (“Development Agreement”) entered into as of ___________, 2024, by and between R.E.C., Inc. (“Developer”) and City pertaining to that certain Property described on Exhibit A hereto, Owner consents to the Development Agreement, including those Owner obligations described therein, and agrees with City as follows: 1. If Developer fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for any of the improvements referred to in the Development Agreement within 24 months of the date of this Owners’ Supplement, Owner shall not oppose the City’s reconsideration and rescission of all City Approvals referenced in the Development Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, its successors and assigns of the Property. 3. If Owner transfers this Property to anyone other than purchasers of individual lots therein for occupancy, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of “Developer” in the Development Agreement. Neither the Owner or transferee are required to develop the Property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. 4214352.v3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By __________________________________ Ronald A. Case Its Mayor By ___________________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. 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 4214352.v3 OWNER 10700 PLD LAND, LLC ________________________________ By: J. Michael Waldo Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2024, by J. Michael Waldo, the President of 10700 PLD Land, LLC, a Minnesota limited liability company, on behalf of the company. ___________________________ Notary Public This instrument drafted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 4214352.v3 EXHIBIT A OWNER’S SUPPLEMENT Legal Description Before Final Plat Tract B, Registered Land Survey No. 1550, Hennepin County, Minnesota. Torrens Property Torrens Certificate No. 1104669 Legal Description After Final Plat Lots 1–4, Block 1, Lots 1–12, Block 2, Lots 1–3, Block 3, and Outlots A and B, Lotus Villas on Anderson Lake, Hennepin County, Minnesota. Requested Action Move to: Adopt a resolution approving the appointment of election judges for the August 13, 2024, State Primary Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before an election. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Office of the City Manager David Teigland, City Clerk ITEM DESCRIPTION: Adopt Resolution Approving Appointment of Election Judges for the State Primary Election ITEM NO.: VIII.C. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___ WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the State Primary Election to be held August 13, 2024. Amina Adeyemi James Allen Robert Amell Londa Amundson Cheryl Anderson Janis Anderson Mark Anderson Michael Anderson Beverly Annunziato Craig Armstrong Tony Arndt Lisa Ashley Keith Attarian Blakelyn Bailey Nadi Bajda Betty Bajwa Natasha Barber Jaymin Baroda Aarya Batchu Daniel Battcher Fred Baumer David Beach Bernadine Beauvais Rachel Benzine Steven Berglund Ann Berne-Rannow Ileene Besselievre Jon Beusen Jennifer Bharucha Jean Biehl Michael Biermaier Laura Bishop Judith Bissonett Linda Boggs Charles Boline Nancy Bollweg Ingrida Borggreve Sharon Borine Prinna Boudreau Stacey Bozanich Randall Bradley John Brecount David Brennan Eric Brooks Tyra Brosseau Sami Brouwer Toweya Brown-Ochs John Butz Carol Cansdale Karen Carl Karen Carlson Eapen Chacko Eric Christiansen Susan Clark Tara Clawson Barbara Clay Jan Cody Julaine Cole Nancy Conboy John Conley Marilyn Corrigan Ellen Crump Jonathan Culbertson Pedro Curry Allison Curtis Grace Cutting Gene Dahlke Jayne Dakay Jean Daniels Kathy Dardick Sandra Davis Sara Davis Gail Dean Barbara Decker Janet Deems Christy DePasquale Lynette Disrud Carolyn Dixon Bob Dover Lisa Doyle Margaret DuBord Sarah DuBord Tracy Dungan Joseph Dupont Daniel Dylla Joyce Edwards Janet Eian Robert Ellis Christina Factor Kelly Fager Diane Falkum Thomas Fidler Cheryl Fiore Rod Fisher Colleen Fitzgerald-Bunn John Forster Timothy Fox Margaret Francazio Monica Frischkorn Donnamae Fritz Tamara Gambino Raphaela Garton Anita Geach Sung Gee Nancy Geiger Casey Getzloff Elizabeth Gherity Joseph Glenn John Goergen Andrea Gorrilla Barbara Guth Chris Hallin Kayla Hambek Matthew Hansen Sherry Harms Glenda Hawkins Paul Hawkins Donald Hayden Linda Hayen Lisa Heinecke Michael Henle William Henry Garrett Hetchler Rosemarie Hilk Mary Hoch Carol Hoff Art Holtan Heidi Horsch Jeffrey Houdek Robert Hudson Lori Hulstein Jennifer Iverson Kristi Jackson Phyllis Jackson Laura Jamar Katherine Janes Carla Johnson Joel Johnson Joyce Johnson Kimberley Johnson Rachael Johnson Terri Johnson Therese Johnson Judy Kammer Caryn Katzung Debra Kehoe Tony Kelleran Robert Kitt, Jr. Timothy Knaeble Toni Knorr Chad Koebnick Stacey Koehler Cindy Kraemer Liliya Krast Jessica Kuenzli Mary Lambert Carole Langehaug Sara Leigh Richard Levesque Stephanie Liestman Brian Link Nancy Little Rodney Loeffler Mary Lofstrom Linda Lonn Jill Maczka John Mallo Perdip Mand John Maring Diane Martin Ruth Maydole John McCulloch Patricia McCulloch Leslie McDonald Barbara McGraw Robin McPherson John Meier Rose Ann Meier Helen Meyers Linda Middendorf Jean Miller Patricia Moe Michael Moesenthin Michael Moriarity Steve Mosow Suzanne Murphy John Murray Pat Nalley Manual Natal Michael Natt Cheryl Nehl Lorraine Nickels Leah Nordquist Candi O'Hara Amy O'Neill Deborah Olson Judy Olson Sandra Olson Gregory Orne Nancy Orne Joan Palmquist Sandy Pawlyszyn Barbara Pederson Susan Pelletier John Peters Sharon Peterson Megan Petkoff Carol Pierce Mark Pincumbe Deanne Pixley Marlene Pixley Cheryl Poling Donald Ramler Vivian Rank Lori Rau Cindy Ravn David Reilly Gerald Rekedal Sathyanarahyanan Rengaraj Krishnamurthy Paula Rheault Barbara Rightler Lia Ringhausen Nancy Robertson Gary Rodekuhr Shari Rogalski Lisa Rogers Nicholas Rogers Karen Rosenlund Vickie Rudolph Kateri Ruiz Renee Rushdy Michael Ruth Thomas Ryan Paula Rylander Brittany Samoylov Richard Samuelson Julie Schindel Connie Schlundt Carter Schulze Colleen Schultz Marianne Seidenstricker Priya Senthilkumar Vanita Shah David Sherman Jennifer Shinners Lisa Sisinni Richard Skala Patrick Slator Carina Smith Anthony Staffenhagen Keely Stansberry Brad Starr Charles Stewart Stieg Strand Amy Strezo Lisa Stuart Cindy Sundberg Jill Swanson Sarah Swanson Kathleen Swart Roy Terwilliger Lynn Thom Judith Truc Julie Tufford Blaine Turk Scott Turnbull Autumn Tysk Kathy Ulmer Patricia Vagnoni Pamela Vanek Harriett Veith Mark Voorhees Walter Wagner Rebecca Waller Philip Walter Huaping Wang Terese Waters-McCabe Lauren Weaver Mark Weber BE IT FURTHER RESOLVED that the City Clerk is, with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 16th day of July, 2024. _________________________ Ronald A. Case, Mayor ATTEST: _______________________ David Teigland, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT / DIVISION: Matt Sacket Police Department ITEM DESCRIPTION: Approval of Issuance of Lawful Gambling Premises Permit for EPAM Rotary Foundation ITEM NO.: VIII.D. Requested Action Move to: Adopt Resolution Approving Premises Permit for Lawful Gambling to be Conducted by EPAM Rotary Foundation Synopsis The EPAM Rotary Foundation recently approached the City regarding its desire to conduct regular Bingo events at one or more restaurants in the City as a fundraising effort. The City Code limits lawful gambling to 6 premises in the City; there are currently three permitted premises on which lawful gambling is being conducted. Under state law, EPAM Rotary Foundation must obtain both an organizational license and a premises permit for each site from the statewide Gambling Control Board. A premises permit requires the approval of the local government in which the proposed site is located. EPAM Rotary Foundation has begun the process of applying for the necessary license and permits from the state, and has requested that the City approve the issuance of a premises permit for one site in Eden Prairie: Fat Pants Brewing Co. City approval is necessary before EPAM Rotary Foundation’s applications can be submitted to the Gambling Control Board. EPAM Rotary Foundation must still complete the full application process and obtain approval from the Gambling Control Board before any lawful gambling may occur at these sites. EPAM Rotary Foundation has met the requirements of City Code § 5.40 and staff recommends approval of issuance of the premises permit for Fat Pants Brewing Co. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___ A RESOLUTION APPROVING PREMISES PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY EPAM ROTARY FOUNDATION WHEREAS, EPAM Rotary Foundation is submitting an application to the Minnesota Gambling Control Board (the “Board”) for an Organization License and Premises Permit (the “Application”) to conduct lawful gambling at the following location in the City: Fat Pants Brewing Co., 8335 Crystal View Road, Eden Prairie, MN 55344 (the “Premises”); WHEREAS, the Board requires that EPAM Rotary Foundation provide proof of the City’s approval of the premises permit for the Premises with its Application materials; and WHEREAS, EPAM Rotary Foundation will be responsible for operating and managing the lawful gambling activity on the Premises and must comply with all applicable requirements of state law and Eden Prairie City Code § 5.40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. Pursuant to Minnesota Statutes Section 349.213, subd. 2(1) and Eden Prairie City Code § 5.40, the City Council does hereby approve the issuance of a Premises Permit to EPAM Rotary Foundation to conduct lawful gambling at the Premises described above, conditioned on the Board’s approval of the Application and issuance of all necessary State licenses and approvals to EPAM Rotary Foundation. 2. The City Clerk shall certify a copy of this Resolution for EPAM Rotary Foundation for inclusion with the Application. 3. If the Application is not approved by the Board within one-hundred eighty (180) days of the date of this Resolution, this Resolution shall be null and void and EPAM Rotary Foundation must re-apply to the City for approval of any premises permit for the Premises. ADOPTED by the Eden Prairie City Council this _____ day of ________________, 20___. __________________________ Ronald A. Case, Mayor ATTEST ________________________ David Teigland, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Corey R. Kurth Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Lotus Villas ITEM NO.: VIII.E. Requested Action Move to: Adopt the resolution approving the final plat of Lotus Villas. This proposal is for a plat located at 10700 Prairie Lakes Dr. The plat consists of 5.0 acres to be platted into 19 lots and 2 outlots. Background Information The preliminary plat was approved by the City Council on May 7, 2024. Second reading of the Rezoning Ordinance and final approval was approved by the City Council on July 16, 2024. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $2,090.00 • Receipt of street sign fee in the amount of $1,130.00 • Prior to release of the final plat, Developer must submit for review and approval by the City Engineer, restrictive covenants that provide that the Developer, Owner, or the HOA is or will be solely responsible for the maintenance, repair, replacement, and removal of the entrance sign. • Prior to release of the final plat for the Property, Developer must furnish to the City Engineer and receive the City Engineer’s written approval of financial security equal to 125% of the cost of the Public Improvements. • Prior to release of the final plat, a fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. • Prior to the release of the final plat, Developer must provide the Encroachment Agreement to the City Engineer for review and approval. • Prior to Release of final plat, Developer must submit to the City Planner and receive the City Planner’s written approval of an executed Tree Replacement agreement for the property, which must be consistent with Landscaping plan. • Prior to the release of final plat, Developer must also submit to the City Planner and receive the City Planner’s written approval of two securities in the form of a cash escrow or irrevocable letter of credit equal to 150% of the cost of the tree replacement work, including all proposed trees, to align with project phasing as depicted on the Tree Replacement Plan. • Prior to release of final plat, Developer shall submit a electronic file in AutoCAD format in Hennepin County coordinates containing parcel and easement data. • Provide areas (to the nearest square foot) of all lots, outlots and right-of-way. • Prior to release of final plat, drainage and utility easement locations in Outlot A to be reviewed and approved by City Engineer. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ A RESOLUTION APPROVING FINAL PLAT OF LOTUS VILLAS WHEREAS, the plat of Lotus Villas has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Lotus Villas is approved upon compliance with the recommendation of the Final Plat Report on this plat dated July 16, 2024. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 16, 2024. ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ David Teigland, City Clerk N56°14'20"E 195.29N52°21'15"E 211.82 141211108716OUTLOT A131223OUTLOT B 32523429DRAINAGE AND UTILITY EASEMENT 136.4986.6764.5422.3142.3859.2740.2161.8461.8461.9242.7040.2615 2 . 6 1 4.4457.0057.0057.0057.0057.0095.87 87.7836.38 57.00 S59°58'57"W 131.55S63°52'24"W 131.60S67°46'04"W 130.90S68°55'04"W 130.80S68°55'04"W 130.89N6 8 ° 5 0 ' 0 2 " E 126 .97N67°46'12"W 39.79N37°27'01"W 135.98N37°27'01"W 136.03N37°27'01"W 136.10N37°27'01"W 136.16L=6.69R=20.00Δ=19°09'23"L=23.24R=119.00Δ=11°11'19"S21°04'56"E 144.75L=148.75R=819.00Δ=10°24'23"68.3275.63 55.00 55.0075.57 55.00 55.00 5.48119.48 75.8138.0358.7143.78105.16106.86 L=103.85Δ=8°09'03"92.52L=32.78R=20.00Δ=93°55'07"L=23.32R=119.00Δ=11°13'40"N56°14'20"E 191.05L=16.68R=20.00Δ=47°46'16"L=30.77R=20.00Δ=88°09'11"L=21.04R=83.00Δ=14°31'32"N21°04'56"W 140.52S33°44'40"E 135.26S33°44'40"E 135.66S33°44'40"E 136.23S20°11'05"E 193.95N59°55'00"E 116.54S58°59'47"W 117.82 N55°49'21"E 420.47 N28°06'48"W 173.52N21°09'58"W 321.67N34°34'20"W30.00N52°18'03"E 419.48 N17°28'43"W 223.03L=275.00R=730.00Δ=21°35'03"3636363636 30308080OUTLOT B 36 CAP 6235 CAP 7085CAP ILLEGIBLEIRON PIPEW/ CAP 923520.5 IN. IRON OPENPIPEL=134.91Δ=10°35'13"L=36.25Δ=2°50'43"L=55.62Δ=3°53'27"L=55.81Δ=3°53'41"L=16.29Δ=1°06'28"N67°28'00"E8.1830.031010101042.7357.6460.7975.52L=21.03Δ=1°28'16"56.00252525251010101055.71S31°29'19"E54.31S31°29'19"EL=69.36R=789.00Δ=5°02'12"N52°21'15"E 212.02 S69°01'0 0 "W 134 .12 23.62 13.60N75°57'53"E75.72S36°33'38"EL=58.58CH=56.28CHB=N 37°41'54" WR=60.00Δ=55°56'18"DRAINAGE AND UTILITY EASEMENTL=75.54R=59.00Δ=73°26'11"L=19.25Δ=18°46'31"L=36.93Δ=35°52'25"L=19.36Δ=18°47'48"LOTUS VILLASLEGENDFOUND 1/2 INCH IRON MONUMENT AS NOTED DENOTES SET 1/2 INCH X 14 INCH IRON REBAR MONUMENTMARKED WITH PLASTIC CAP INSCRIBED LS 43055BEING 5 FEET IN WIDTH, AND ADJOINING SIDE LOT LINES,AND BEING 10 FEET IN WIDTH ANDADJOINING PUBLIC WAYS UNLESS OTHERWISE INDICATED.DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:(NOT TO SCALE)1010 55R.T. DOC. NO.THE NORTH EAST LINE OF LOT B, BLOCK ONE , PRAIRIE LAKES, ISASSUMED TO BEAR N55°49'21"E.KNOW ALL PERSONS BY THESE PRESENTS: That 10700 PLD Land LLC, a Minnesota limited liability company, owner of the following described property:Tract B, REGISTERED LAND SURVEY NO. 1550, Hennepin County, Minnesota.Has caused the same to be surveyed and platted as LOTUS VILLAS and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat.In witness whereof said 10700 PLD Land, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 .Signed: 10700 PLD Land LLCSigned: It's STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me this day of , 20 , by, of 10700 PLD Land LLC, a Minnesota limited liability company, onbehalf of the company. (Signature) (Name Printed)Notary Public, County, MinnesotaMy Commission Expires I Chris Ambourn do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that allmathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20 .Chris Ambourn, Licensed Land SurveyorMinnesota License No. 43055STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 , by Chris Ambourn. (Signature) (Name Printed)Notary Public, County, MinnesotaMy Commission Expires CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTAThis plat of LOTUS VILLAS was approved and accepted by the City Council of the City of Eden Prairie, Minnesota, at a regular meeting thereof held this day of , 20 , and said plat is in compliancewith the provisions of Minnesota Statutes, Section 505.03, Subdivision 2.City Council, City of Eden Prairie, MinnesotaBy By Mayor City ManagerCOUNTY AUDITOR, Hennepin County, MinnesotaI hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat, dated this day of , 20 .Daniel Rogan, County AuditorBy DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to MN. STAT. Sec. 383B.565 (1969) this plat has been approved this day of , 20.Chris F. Mavis, County SurveyorBy REGISTRAR OF TITLES, Hennepin County, MinnesotaI hereby certify that the within plat of LOTUS VILLAS was filed in this office this day of , 20 , at o'clock .M.Amber Bougie, Registrar of Titles By Deputy CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Corey R. Kurth Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Eden Prairie Ridge ITEM NO.: VIII.F. Requested Action Move to: Adopt the resolution approving the final plat of Eden Prairie Ridge. This proposal is for a plat located at 9740 Eden Prairie Rd. The plat consists of 1.7 acres to be platted into two lots, one outlot, and right of way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on March 12, 2024. Second reading of the Rezoning Ordinance and Development Agreement was approved by the City Council on May 7, 2024. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $600.00 • Prior to release of final plat, Developer shall execute a Special Assessment Agreement for trunk sewer and water assessments on an assessable area of 1.35 acres in the amount of $13,000.50. • The property (PID 29-116-22-13-0001) is subject to a deferred assessment in the amount of $58,750.04. If amount is not paid to the City prior to release of final plat, the City will activate the deferred assessment to be payable over 11 years at an interest rate of 5.2% • Prior to release of final plat, Developer must tender a warranty deed for proposed Outlot A for review and written approval by the City Engineer. • Prior to release of final plat, Developer shall submit an electronic file in AutoCAD format in Hennepin County coordinates containing parcel and easement data. • Provide areas (to the nearest square foot) of all lots, outlots and right-of-way. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-__ A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE RIDGE WHEREAS, the plat of Eden Prairie Ridge has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Eden Prairie Ridge is approved upon compliance with the recommendation of the Final Plat Report on this plat dated July 16, 2024. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on July 16, 2024. __________________________ Ronald A. Case, Mayor ATTEST: SEAL ___________________________ David Teigland, City Clerk BLOCK 1 1 2 OUTLOT A FOUND 1/2" IRON PIPE FOUND 1/2"IRON PIPE FOUND 1/2" IRON PIPE EDEN PRAIRIE ROADENGINEERING, PLANNINGAND LAND SURVEYING SAMBATEK, INC. SHEET 1 OF 1 SHEETS DENOTES 1/2 INCH BY 14 INCH CAST IRON PIPE SETAND MARKED BY LICENSE NO. 43933 IN ACCORDANCEWITH MS 505.021, SUBD. 10, UNLESS OTHERWISENOTED. DENOTES 1/2 INCH IRON PIPE MONUMENT FOUND THE SOUTH LINE OF SOUTHWEST QUARTER OF THENORTHEAST QUARTER, SEC 29, 116, 22 IS ASSUMED TOHAVE A BEARING OF SOUTH 89 DEGREES 32 MINUTES28 SECONDS EAST. 0 NORTH SCALE IN FEET 0 NORTH SCALE IN FEET 30 60 EDEN PRAIRIE RIDGE R.T. DOC. NO. SECTION 29, TOWNSHIP 116, RANGE 22,HENNEPIN COUNTY, MINNESOTA N.T.S. VICINITY MAP SITE KNOW ALL PERSONS BY THESE PRESENTS: The Pemtom Land Company, a Minnesota corporation, fee owner of the following described property: Par 1: That part of the South 225 feet of the Southeast Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, lying westerly of Tract B, REGISTERED LAND SURVEY NO. 465, Hennepin County, Minnesota. Par 2: The South 225 feet of the East 350 feet of the Southwest Quarter of the Northeast Quarter, Section 29, Township 116, Range 22, Hennepin County, Minnesota. Has caused the same to be surveyed and platted as EDEN PRAIRIE RIDGE and does hereby dedicate to the public for public use the public way and the drainage and utility easements as created by this plat. In witness whereof said The Pemtom Land Company, a Minnesota corporation, has caused these presents to be signed by its proper officer this _______ day of ____________________, 20_____. SIGNED: THE PEMTOM LAND COMPANY By: , President Daniel Blake STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this _______ day of ____________________, 20_____, by Daniel Blake, President of The Pemtom Land Company, a Minnesota corporation, on behalf of the corporation. Signature Notary Printed Name Notary Public, County, Minnesota My Commission Expires I Mark R. Salo do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20_____. Mark R. Salo, Licensed Land Surveyor, Minnesota License No. 43933 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this _______ day of ____________________, 20_____, by Mark R. Salo. Signature Notary Printed Name Notary Public, County, Minnesota My Commission Expires CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTA This plat of EDEN PRAIRIE RIDGE was approved and accepted by the City Council of the City of Eden Prairie, Minnesota at a regular meeting thereof held this ______ day of _______________, 20______, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Eden Prairie, Minnesota By: Mayor By: Manager COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20_____ and prior years have been paid for land described on this plat, dated this _______ day of ____________________, 20_____. Daniel Rogan, County Auditor By: , Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this _______ day of ____________________, 20_____. Chris F. Mavis, County Surveyor By: REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of EDEN PRAIRIE RIDGE was filed in this office this day of , 20 at o'clock m. Amber Bougie, Registrar of Titles By Deputy CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Adam Gadbois Public Works / Engineering ITEM DESCRIPTION: #24803 Approve Professional Services Agreement with SRF Consulting Group for Design of the Shady Oak Road Improvements Project ITEM NO.: VIII.G. Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group for the Shady Oak Road Improvements Project in the amount of $104,835.00. Synopsis This Professional Services Agreement will provide design services for pavement rehabilitation of Shady Oak Road from Valley View Road to 500 feet east of Flying Cloud Drive. Additional improvements include a new multi-use trail along the west side of the roadway for the length of the improvement corridor, supplemental corridor lighting and streetscaping, and evaluation of the need for roadway widening at the Valley View Road intersection for a potential future traffic signal. Background Information This segment of Shady Oak Road was identified in the 2023-2032 Capital Improvement Plan for construction in 2027. The original scope included widening the roadway to a 3-lane section with pedestrian improvements and streetscape features. However, the existing 2-lane street has a volume capacity of 11,050 vehicles per day (VPD), and the most recent volume counts from 2024 were 4,687 VPD. Previously anticipated capacity issues are not coming to fruition. Thus, an updated proposed scope includes maintaining the existing street width except for the Valley View Intersection turn lane widening, completing a rehabilitation of the road surface using full depth reclamation, and adding a new bituminous trail along the west side of the road, leaving a wide enough boulevard area for potential widening in the future. Minor utility improvements will also be completed while the existing roadway pavement is removed. Construction is scheduled for the summer of 2025. This improvement project aims to provide a rehabilitated roadway with a new asphalt pavement section, improving the rideability extending the overall life of the roadway for the project extents. Additional goals for the project include a trail connection that completes an existing gap from Valley View Road to Flying Cloud Drive and provides connection to the Southwest Light Rail Transit Golden Triangle Station. Financial Implications The Professional Services Agreement with SRF has a not-to-exceed cost of $104,835.00. The sources of funding include Municipal State Aid funds, the stormwater utility fund, the capital maintenance and reinvestment fund, the park improvement fund, the economic development fund, and grant funds. Attachment Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 16th day of July, 2024, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416.. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Shady Oak Road Improvements hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Letter Dated July 8, 2024) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from July 16, 2024 through May 31, 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 $104,835.00 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 actions, actions of a third party, or actions or inactions of City, the time for SRF Design for the Shady Oak Road Improvements Page 2 of 10 (rev. 6/2024) performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on SRF Design for the Shady Oak Road Improvements Page 3 of 10 (rev. 6/2024) Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. SRF Design for the Shady Oak Road Improvements Page 4 of 10 (rev. 6/2024) 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 SRF Design for the Shady Oak Road Improvements Page 5 of 10 (rev. 6/2024) $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 and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity SRF Design for the Shady Oak Road Improvements Page 6 of 10 (rev. 6/2024) obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of SRF Design for the Shady Oak Road Improvements Page 7 of 10 (rev. 6/2024) 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. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. 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 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 SRF Design for the Shady Oak Road Improvements Page 8 of 10 (rev. 6/2024) 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 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 SRF Design for the Shady Oak Road Improvements Page 9 of 10 (rev. 6/2024) 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. In accordance with Minn. Stat. § 16C.05, subd. 5, 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 SRF Design for the Shady Oak Road Improvements Page 10 of 10 (rev. 6/2024) Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement 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 Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA 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 MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 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: SRF No. 17785.PP July 8, 2024 Adam Gadbois, PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Subject: Proposal for Professional Services for Preliminary and Final Design for Shady Oak Road Pavement Rehabilitation & Trail Design, Eden Prairie, Minnesota Dear Adam Gadbois: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for preliminary and final design for Shady Oak Road pavement rehabilitation and trail construction from Valley View Road to Flying Cloud Drive. In addition, our traffic engineers will study operations, forecasts, and investigate future signal justification at the intersection of Shady Oak Road and Valley View Road. The results and recommendations from the study will provide a basis for proposed intersection improvements to the roadway including, but not limited to, modifications to roadway geometrics, and pedestrian accommodations. Scope of Services We propose to carry out the work described as follows: 1. Project Management – This task will include coordination and communication with City staff, including bi-weekly check-in meetings (virtual) to provide project updates. 2. Roadway Design – Our work will include: a. Gathering available record drawings. b. Preparation of a 30% concept layout and cost estimate based on recommendations from the traffic memo, and the geotechnical report, provided by the City. c. Preparation of 60% plans, including roadway, new trail and ADA locations, and estimated construction cost. d. Preparation of draft 100% plans and specifications for City and State Aid review and updated estimated construction cost. e. Final approved plans, specifications, and cost estimate for bidding. 3. Traffic Analysis and Recommendations Memo – This task includes collecting traffic data and analyzing the operations, safety and warrants at the intersection, including the options of a traffic signal and a roundabout. Ice Report and new traffic signal system design are not included in this proposal. 4. Water Resources – Our work includes miscellaneous storm sewer structure modifications, coordination with Nine Mile Creek Watershed District, and an erosion control permit application. We assume no stormwater treatment is required. 5. Bidding Assistance – This task includes preparing ad for bids, answering contractors’ questions, and preparing bid tabulation and award recommendation letter. Adam Gadbois, PE July 8, 2024 City of Eden Prairie Page 2 www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer 6. Street Light Analysis and Design – This task includes the preliminary analysis and design of corridor lighting and coordination with Xcel Energy. 7. Surveying – This task includes topographic survey along the corridor. 8. Private Utility Coordination – our work includes submitting a GSOC, collecting existing utility data, two utility coordination meetings, and assisting utility companies with relocation locations. Assumptions We have made the following assumptions in preparing our scope of services: 1. Design will meet ADA and State Aid design standards. Project will be funded with local and State Aid funds. 2. Final design will be complete in early 2025 to accommodate a spring 2025 construction start. 3. The existing Right-of-Way is sufficient to accommodate a new trail on the west side of Shady Oak Road and intersection improvements at Valley View Road. No acquisition will be required. 4. Permitting is limited to coordination with Nine Mile Creek watershed district for erosion control permit. No other agency coordination is anticipated. 5. Xcel Energy will create final lighting plans and install any lighting designed for the project. 6. City will provide conditions assessment of public utilities, curb & gutter, driveway aprons and a geotechnical recommendation/report. Schedule We plan to begin the design work upon authorization to proceed and will complete this work within a mutually agreed-upon schedule in time for 2025 construction. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $104,835.00 which includes both time and expenses. Changes in Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Adam Gadbois, PE July 8, 2024 City of Eden Prairie Page 3 www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer Terms and Condition We anticipate that Eden Prairie will prepare a Standard Services Agreement for this work. We appreciate your consideration of this proposal. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Robert Leba, PE (MN) Project Director – Civil Design BJL This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. s:\marketing\proposals\2024 letter proposals\17785.pp shady oak road pavement and trail\17785.pp_letter_adamgadbois.docx CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Adam Gadbois Public Works / Engineering ITEM DESCRIPTION: I.C. 23819 Approve Professional Services Agreement with Braun Intertec Corp. for Construction Materials Testing Services for the Prairie Center Drive and Franlo Road Intersection Improvements ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Services Agreement with Braun Intertec Corp. for Construction Materials Testing Services for the Prairie Center Drive and Franlo Road Intersection Improvements. Synopsis This Professional Services Agreement will provide construction materials testing services for the for the Prairie Center Drive and Franlo Road Intersection Improvements. 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. Braun Intertec Corp. will test construction materials for compliance with the contract documents. Financial Implications The Professional Services Agreement with Braun Intertec Corp. has an estimated cost of $23,696.00. 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 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 16th day of July, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Braun Intertec Corporation., (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is 11001 Hampshire Avenue S Minneapolis, MN 55438. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Materials Testing Services for the Prairie Center Drive and Franlo Road Intersection Improvements hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Braun proposal letter dated June 17, 2024) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from July 16, 2024 through June 1, 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 $23,696.00 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 Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 2 of 10 2021 04 22 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the 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 Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 3 of 10 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 4 of 10 2021 04 22 minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to 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 Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 5 of 10 2021 04 22 Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under 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 Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 6 of 10 2021 04 22 Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, 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 Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Braun Testing Prairie Center Drive and Franlo Road Intersection Improvements Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State 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 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com June 17, 2024 Proposal QTB198531 Adam Gadbois, PE City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 Re: Proposal for Construction Materials Testing Services Prairie Center Drive and Franlo Road Improvements S.A.P. 181-101-007 Prairie Center Drive from Flying Cloud Drive to 140' East of Franlo Road Eden Prairie, Minnesota Dear Mr. Gadbois: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the Prairie Center Drive and Franlo Road Improvements in Eden Prairie, Minnesota. We have completed the pavement evaluation for this project, so we have a unique understanding of the site and construction challenges. We can aid the construction team by applying this experience and transferring our knowledge developed during the design phase which will provide professional continuity to the construction. Our work on the project to date gives us familiarity with the project team and design development which allows us to understand some of the considerations used when developing the project’s design. Since our inception in 1957, we have grown into one of the largest employee owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project We understand this project will include full depth reclamation, aggregate base placement, new concrete curb and gutter, sidewalk, along with a new bituminous pavement. Improvements to Americans with Disabilities Act (ADA) access, traffic controls, and stormwater drainage utilities will also be part of this project. This project is a City of Eden Prairie project with State-Aid. Projects that are constructed with State-Aid funding are required to perform Quality Control and Quality Assurance (QC/QA) testing in accordance with the Minnesota Department of Transportation’s (MnDOT’s) 2020 Standard Specifications for Construction and MnDOT’s Schedule of Materials Control. This project is using MnDOT’s 2023 State Aid for Local Transportation (SALT) Schedule of Materials Control. Personnel with MnDOT certifications must City of Eden Prairie Proposal QTB198531 June 17, 2024 Page 2 complete the monitoring and testing. Braun Intertec will perform the QA field testing on the project as listed in our scope of services and as shown on our attached cost estimate table. The contractor will be responsible for performing all of the required QC testing and submitting all the documentation upon completion of the project. An audit of the project could be conducted upon completion. The audit may include reviewing tests and paperwork provided by your QC/QA representative. Available Project Information This proposal was prepared using the following documents and information.  Project plans and specifications prepared by SRF Consultant Group, Inc., dated May 24, 2024.  Email correspondence with Adam Gadbois regarding concrete and bituminous plant monitoring. Braun Intertec Project Personnel For this project, we will provide technicians that are MnDOT certified in each specialized field. For the proposed scope of services, our staff will have the following certifications:  Aggregate Production Tester  Grading & Base Tester  Concrete Field Tester  Bituminous Street Inspector  Bituminous Plant Tester  MnDOT or ACI Strength Tester Accredited Laboratory In the 2023 SALT Schedule of Material Control, which is part of this project’s testing requirements, MnDOT requires laboratories performing acceptance tests for payment to be accredited by the AASHTO Resource (formerly AASHTO Materials Reference Laboratory [AMRL]) for all test procedures performed. Braun Intertec is one of the few independent testing companies that is accredited in the metro area. With Braun Intertec’s Metro Material Laboratory typically operating 24 hours a day, laboratory test results are delivered in a timely manner. Scope of Services Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project personnel. Based on our understanding of the project, we propose the following services. City of Eden Prairie Proposal QTB198531 June 17, 2024 Page 3 Soil Related Services  Perform nuclear gauge density tests on utility backfill materials.  Perform Dynamic Cone Penetrometer (DCP) tests on aggregate base material.  Perform Full Depth Reclaim Dynamic Cone Penetrometer (DCP) tests on full depth reclaim (FDR) materials.  Perform moisture content tests at time of compaction on backfill, full depth reclamation, and aggregate base materials.  Perform gradation tests on full depth reclaim and aggregate base materials.  Perform laboratory standard Proctor tests on backfill and fill materials.  Prepare the preliminary and final grading and base report according to MnDOT Specifications. Concrete Field Testing Related Services  Sample and test the plastic concrete for slump, air content, temperature prior to placement. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us.  Prepare 4-inch by 8-inch cylinders for compressive strength testing. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate.  Laboratory compressive strength testing of cylinders. Bituminous Related Services  Collect verification samples per MnDOT’s 2360 specification and randomly select one sample per day per mix to run quality assurance tests on. Perform quality assurance tests on the verification samples which include the following tests: Rice specific gravity, asphalt content, extracted aggregate gradation, gyratory density, coarse aggregate angularity, and fine aggregate angularity. Compare agency test results with contractor’s test results for compliance with MnDOT 2360 specification.  Randomly determine bituminous core locations by using MnDOT’s random core worksheet and mark pavement core locations.  Observe the contractor coring and core testing in accordance with MnDOT 2360 specification, which include watching quality control personnel weigh the cores at their laboratory. City of Eden Prairie Proposal QTB198531 June 17, 2024 Page 4  Collect companion cores and test for thickness and density of pavement cores. Compare agency test results with contractor’s test results for compliance with MnDOT 2360 specification. Reporting and Project Management Test results will be issued weekly for the project as the various tasks are performed. If, at any time, there are failing tests which do not appear to be in accordance with the plans and specifications or MnDOT’s Schedule of Materials Control, we will notify the engineer’s representative and any others that we are directed to notify. Before the final project closeout, we will issue a final report. The report will include the following:  Braun Intertec technician roster for technicians that conducted testing on the project.  Completed MnDOT Materials Certification Exceptions Summary for items tested by Braun Intertec.  Completed Preliminary and Final Grading and Base Report.  Moisture, Density, DCP, Proctor and Gradation tests.  Concrete compressive strength results.  Completed test reports for samples sent to the MnDOT Materials Lab.  Bituminous mix designs.  Bituminous verification test results.  Bituminous contractor’s summary sheets.  Random core log location worksheets.  Completed density incentive/disincentive worksheets.  Copies of concrete and bituminous plant certifications. 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: City of Eden Prairie Proposal QTB198531 June 17, 2024 Page 5  We assume it will take four trips to complete the nuclear density gauge testing on this project.  We assume compaction testing on aggregate base and full depth reclamation materials will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of two tests will be conducted each trip with five trips assumed.  We assume ten sets of concrete tests will be required to complete the project.  We assume the rebar observations before concrete placements will be completed by the project representative’s construction oversight manager.  We assume the ready-mix concrete for this project will come out of one ready mix plant.  We assume bituminous paving will be completed in six days for this project.  We understand MnDOT Metro Inspections will perform concrete batch plant monitoring and testing for this project.  We understand MnDOT Metro Inspections will perform bituminous plant monitoring and testing for this project.  We assume MnDOT will calibrate and certify the read- mix concrete plant.  We assume your full-time on-site construction observer will observe the test rolling for this project.  We assume your full-time on-site construction observer will conduct depth checks for full depth reclamation operations.  We assume the project engineer of record will review and approve the contractor’s quality control submittals and test results.  You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work.  We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. City of Eden Prairie Proposal QTB198531 June 17, 2024 Page 6 Cost and Invoicing We will furnish the services described herein for an estimated fee of $23,696. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. 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. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. 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 QTB198531 June 17, 2024 Page 7 If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie with this proposal included as Exhibit A. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact John Rutherford at 651.487.7052 (jrutherford@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION John P. Rutherford Senior Project Manager Charle M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachment: Project Proposal – QTB198531 Client:Service Description:Work Site Address: Prairie Center Drive from Flying Cloud Drive to 140' East of Franlo Road Eden Prairie, MN 55344 City of Eden Prairie Adam Gadbois 8080 Mitchell Rd Eden Prairie, MN 55344 (952) 949-8300 Construction Materials Testing Description Quantity Units Unit Price Extension Phase 1 MnDOT Testing Activity 1.1 Soil Testing $4,642.00 207 Compaction Testing - Nuclear 10.00 Hour 94.00 $940.00 Work Activity Detail Qty Units Hrs/Unit Extension Utility Backfill 4.00 Trips 2.50 10.00 1308 Nuclear moisture-density meter charge, per hour 10.00 Each 28.00 $280.00 217 Compaction Testing - DCP's 15.00 Hour 94.00 $1,410.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclaim 2.00 Trips 3.00 6.00 Sidewalk Aggregate Base 3.00 Trips 3.00 9.00 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 162.00 $162.00 209 Sample pick-up 4.00 Hour 94.00 $376.00 1318 Moisture Density Relationship (Proctor)2.00 Each 200.00 $400.00 1162 Sieve Analysis with 200 wash, per sample 4.00 Each 156.00 $624.00 1861 CMT Trip Charge 9.00 Each 50.00 $450.00 Activity 1.2 Concrete Testing $4,854.00 261 Concrete Testing 25.00 Hour 94.00 $2,350.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 6.00 Trips 2.50 15.00 Flatwork 4.00 Trips 2.50 10.00 1364 Compressive strength of concrete cylinders, per specimen 30.00 Each 38.00 $1,140.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 6.00 Sets 3.00 18.00 Flatwork 4.00 Sets 3.00 12.00 278 Concrete Cylinder Pick up 6.00 Hour 94.00 $564.00 Work Activity Detail Qty Units Hrs/Unit Extension Cylinder Pickup 6.00 Trips 1.00 6.00 1861 CMT Trip Charge 16.00 Each 50.00 $800.00 Activity 1.3 Pavement Testing $10,848.00 2689 MnDOT Bituminous Verification, per sample 6.00 Each 740.00 $4,440.00 209 Sample pick-up 12.00 Hour 94.00 $1,128.00 Work Activity Detail Qty Units Hrs/Unit Extension Verification Sample Pick-up 6.00 Trips 2.00 12.00 221 Bituminous Coring 18.00 Hour 120.00 $2,160.00 Work Activity Detail Qty Units Hrs/Unit Extension Mark & Observe Contractor Coring & Testing 6.00 Trips 3.00 18.00 1542 Thickness and Density of Bituminous Core 42.00 Each 60.00 $2,520.00 1861 CMT Trip Charge 12.00 Each 50.00 $600.00 Activity 1.4 Project Management $3,352.00 226 Project Manager 12.00 Hour 174.00 $2,088.00 Page 1 of 206/14/2024 01:21 PM Project Proposal QTB198531 Eden Prairie Prairie Center Dr & Franlo Rd SAP 181-101-007 Proposal Total:$23,696.00 228 Senior Project Manager 1.00 Hour 200.00 $200.00 238 Project Assistant 6.00 Hour 94.00 $564.00 1230 MnDOT Final Report 1.00 Each 500.00 $500.00 Phase 1 Total:$23,696.00 Page 2 of 206/14/2024 01:21 PM Project Proposal QTB198531 Eden Prairie Prairie Center Dr & Franlo Rd SAP 181-101-007 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Adam Gadbois Public Works / Engineering ITEM DESCRIPTION: I.C. 23819 Award Contract for the Prairie Center Drive and Franlo Road Intersection Improvements to New Look Contracting, Inc. ITEM NO.: VIII.I. Requested Action Move to: Award Contract for the Prairie Center Drive and Franlo Road Intersection Improvements in the amount of $1,525,609.00 to New Look Contracting, Inc. Synopsis Five bids were received on Thursday, June 20, 2024. The engineer’s estimate and bids received are summarized below. Engineer’s Estimate $1,735,286.00 New Look Contracting, Inc. $1,525,609.00 S.M. Hentges & Sons, Inc $1,531,578.50Park Construction Company $1,554,041.30 Meyer Contracting, Inc. $1,615,100.43Bituminous Roadway, Inc. $1,633,940.23 City staff recommend awarding the contract for the project to New Look Contracting, Inc., in the amount of $1,525,609.00. 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. Project Cost Summary The low bid received from New Look Contracting, Inc., was under the engineer’s estimate by approximately 12%. Funding for the project includes the City’s municipal state aid account, the transportation fund, and the storm water utility fund. Attachment Contract Agreement 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and New Look 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 23819 – Prairie Center Drive and Franlo Road Intersection Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,525,609.00. 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 New Look Contracting, Inc. By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title Requested Action Move to: Award contract for the 2024 Sump Pump Collection System and Draintile Project to BKJ Land Co II dba BKJ Excavating in the amount of $217,655.80. Synopsis Ten (10) bids were received on June 27, 2024. The bids received are summarized as follows: BKJ Land Co II dba BKJ Excavating $217,655.80 Kusske Construction Company $318,880.15 Schneider Excavating and Grading, Inc. $247,769.91 Northdale Construction Company, Inc. $326,776.99 Diversified Drainage $262,844.78 Minger Construction Co. Inc. $350,171.00 UrbanEdge, LLC $271,846.75 Precision Utilities $422,104.00 Bituminous Roadways Inc. $309,802.50 Urban Companies $541,110.00 The BKJ quote is 15% lower than the Engineer’s Estimate. City staff recommends awarding the contract for the project to BKJ Land Co II dba BKJ Excavating, in the amount of $217,655.80. Background Information The project will install a draintile system along Morgan Lane, Towers Lane, Sorrel Way and Anderson Lakes Parkway. These streets experience poor pavement conditions, including cracking and heaving, due to the poorly draining soils under the road. The curb and gutter also has settled at various points along the streets, leading to ineffective drainage. The installation of draintile will provide better drainage of the subgrade and preserve the new pavement that is currently scheduled to be placed with the 2025 Pavement Management Project. The capture of several sump pump discharges in the area will also promote better road conditions. Lastly, the project will correct several drainage deficiencies by replacing a catchbasin, replacing storm sewer pipe, and installing a valley gutter. Construction is scheduled to start after August 1st and is to be completed by October 3, 2024. Project Cost Summary This project will utilize the Stormwater Utility Fund, in addition to $50,000 from both the Sewer Utility Fund and Pavement Management. Sump Pump Collection Projects are in the Capital Improvement Plan. Attachment Contract Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 23822 Award Contract for the 2024 Sump Pump Collection System and Draintile Project to BKJ Land Co II dba BKJ Excavating ITEM NO.: VIII.J. 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and BKJ Land Co II dba BKJ Excavating, 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 23822 – 2024 Sump Pump Collection System and Draintile 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 $217,655.80. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 24822 Award Contract for the Washington Ave Sanitary Sewer CIPP project to Visu-Sewer, Inc. ITEM NO.: VIII.K. Requested Action Move to: Award Contract for the Washington Ave Sanitary Sewer CIPP project to Visu-Sewer, Inc. in the amount of $441,022.00. Synopsis 3 bids were received on Tuesday, July 2, 2024. The bids received are summarized below. Visu-Sewer, Inc. $441,022.00 Insituform Technologies USA, LLC $547,012.13 Hydro-Klean $748,012.42 City staff recommend awarding the contract for the project to Visu-Sewer, Inc., in the amount of $441,022.00. Background Information The project will repair aging sanitary sewer main on Washington Avenue to prevent future failure and eliminate infiltration of ground water. The sanitary main is clay pipe and has been televised by the Utilities Department to find sags, cracks, and intruding roots. The proposed project is approximately 6,200 feet of cured in place pipe (CIPP) repair and may be constructed in two phases. The contractor has the option to construct phase 1 in 2024 and phase 2 in 2025, or they may construct both phases in 2025. This project will also include the repair of two other sanitary sewer sections in town on Windward Circle (290 feet) and Ironwood Court (120 feet) which have been damaged by tree roots. This project is anticipated to be completed in advance of pavement management scheduled for 2026 on Washington Avenue. Project Cost Summary Visu-Sewer Inc.’s low bid is above the Engineer’s Estimate of $342,100.00. This project will be funded with the wastewater utility fund as within the CIP. Attachments Contract Agreement Recommendation Letter from SEH 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Visu-Sewer, 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 #24822 Washington Ave Sanitary Sewer CIPP 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 $441,022.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10650 Red Circle Drive, Suite 500, Minnetonka, MN 55343-9229 952.912.2600 | 800.734.6757 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer July 8, 2024 RE: City of Eden Prairie, Minnesota Washington Avenue Sanitary Sewer CIPP Award Recommendation SEH No. EDENP 178597 Mr. Carter Schulze City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Schulze: On Tuesday, July 2, 2024, 3 bids were received for the above-referenced project. The bids ranged from a high of $748,504.42 to a low of $441,022.00 . The low bid received was submitted by Visu-Sewer, of Blaine, MN in the amount of $441,022.00. The Engineer’s Bid Estimate was $311,000.00. SEH is familiar with Visu-Sewer and have investigated their qualifications and references, and find they have a sufficient understanding of the project and the equipment to perform the construction project for which it bid. In talking to Visu-Sewer about their unit prices, the industry is experiencing tremendous increases in labor costs in order to attract and retain qualified workers, resulting in Sanitary CIPP prices doubling from last year’s rates. Accordingly, we recommend the project be awarded to Visu-Sewer in the amount of $441,022.00 at your earliest City Council meeting. If needed, I can be in attendance at the Council meeting to answer any further questions or speak of the bids. Sincerely, David E. Hutton, PE (Lic. MN, ND, WI) Project Manager Enclosure: Bid Tabulation x:\ae\e\edenp\178597\6-bid-const\award doc\recaward ltr washington ave.docx CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Megan Larson Public Works / Engineering ITEM DESCRIPTION: I.C. 24821 Award Contract for the Mount Curve Watermain CIPP project to Bituminous Roadways, Inc. ITEM NO.: VIII.L. Requested Action Move to: Award Contract for the Mount Curve Watermain CIPP project to Bituminous Roadways, Inc. in the amount of $582,105.00. Synopsis 4 bids were received on Tuesday, July 2, 2024. The bids received are summarized below. Bituminous Roadways, Inc. $582,105.00 Minger Construction Co. Inc. $640,193.75 Fer-Pal Construction USA LLC $649,613.00 Northdale Construction Company, Inc. $675,427.14 City staff recommend awarding the contract for the project to Bituminous Roadways, Inc., in the amount of $582,105.00. Background Information This project includes the lining of watermain on a section of Mount Curve Road and Olympia Drive. This area has a history of watermain breaks requiring emergency repairs. A CIPP repair is a trenchless pipe rehabilitation process that reduces disturbance for adjacent properties in comparison to an open cut pipe replacement. This project is anticipated to be completed this year in advance of pavement management scheduled for 2025 on Mount Curve Road. Project Cost Summary Bituminous Roadways, Inc’s low bid is above the Engineer’s Estimate of $554,210.00. This project will utilize the water utility funds. Attachments Contract Agreement Recommendation Letter from SEH 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Bituminous Roadways, 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 #24821 Mount Curve Watermain CIPP 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 $582,105.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10650 Red Circle Drive, Suite 500, Minnetonka, MN 55343-9229 952.912.2600 | 800.734.6757 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer July 8, 2024 RE: City of Eden Prairie, Minnesota Mount Curve Watermain CIPP Award Recommendation SEH No. EDENP 178599 Mr. Carter Schulze City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Schulze: On Tuesday, July 2, 2024, 4 bids were received for the above-referenced project. The bids ranged from a high of $675,427.14 to a low of $582,105.00. The low bid received was submitted by Bituminous Roadway Inc. of Mendota Heights, MN in the amount of $582,105.00. The Engineer’s Bid Estimate was $555,710.00. SEH is familiar with Bituminous Roadway, Inc. and their watermain CIPP subcontractor, Fer Pal and have investigated their qualifications and references, and find they have a sufficient understanding of the project and the equipment to perform the construction project for which it bid. Accordingly, we recommend the project be awarded to Bituminous Roadway, Inc. in the amount of $582,105.00 at your earliest City Council meeting. If needed, I can be in attendance at the Council meeting to answer any further questions or speak of the bids. Sincerely, David E. Hutton, PE (Lic. MN, ND, WI) Project Manager Enclosure: Bid Tabulation x:\ae\e\edenp\178599\6-bid-const\award doc\recaward ltr mount curve.docx CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Change Order No. 2 for Additional Costs in the Reconditioning of Sanitary Lift Station No. 1 ITEM NO.: VIII.M. Requested Action Move to: Approve Change Order No. 2 to the Contract with Minger Construction, Inc. for the Reconditioning of Sanitary Lift Stations No. 1, No. 13, and No. 15 in the amount of $29,527.44 for Electrical Work and Pump Upgrades at Lift Station No. 1. Synopsis Xcel energy’s decision to change the power supply voltage at Lift Station No. 1 after the project had already been designed and bid made it necessary to change the motor stators to accommodate the new voltage. Additionally, due to a design oversight, larger pumps needed to be purchased and part of this change order covers the additional cost of pumps with higher horsepower. Background Information The sanitary sewer lift station at 12900 Roberts Drive is has been undergoing refurbishment this summer. The existing, old pumps were replaced by new pumps, however the hydraulic conditions were somehow misunderstood, and new 7 horsepower (HP) pumps were specified and ordered in advance. When Xcel energy was contacted to turn-off the electricity to enable the contractor to perform the work, they advised the contractor that Xcel would be removing the 240 volt system and replacing it with a 208 volt connection, which was not compatible with the planned pump system already purchased. An affordable solution was quickly found which was implemented, however while testing with the new voltage it became apparent the pumps had to be upsized to work properly. The consulting engineer absorbed all additional costs other than what the City would have paid for anyway had the installation been trouble free. Funds for the additional costs to this recurring capital improvement project are programmed in the wastewater enterprise capital improvement plan. Attachments Change Order Letter of Justification July 8, 2024CHANGE ORDER NO. 2 Project:Reconditioning of Sanitary Lift Stations No. 1 (Top View), No. 13 (Riley Creek), and No. 15 (Summerfield)Eden Prairie, MinnesotaCity Project No. 167130-23 To:Minger Construction, Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT 1. Xcel energy required a change in service voltage from 240 volts to 208 volts with a different phase configuration subsequent to bidding. This resulted in extra costs to change the pump motors to accommodate the new voltage in the amount of $4,156.51. Contractor will provide the replacement motor stators at this price.2. Upon start-up, testing determined the pumps were improperly sized, so the up-charge to obtain larger pumps is $25,370.93. Contractor will provide larger 10-HP pumps at this additional cost. For more detail regarding both of these items, see the attached Change Order Request Memo. ORIGINAL CONTRACT AMOUNT $ 872,600.00 INCREASE FROM PREVIOUSLY APPROVED CHANGE ORDERS $ 12,960.78TOTAL DELETIONS - $ 0.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 29,527.44 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 915,088.22 THE ABOVE CHANGES ARE APPROVED: Engineering Consultant CITY OF EDEN PRAIRIE By By Project Manager City Manager Date 7/8/2024 Date THE ABOVE CHANGES ARE ACCEPTED: Contractor CITY OF EDEN PRAIRIE By By Mayor Date Date 07-09-24 June 18, 2024 Rick Wahlen, Manager Utility Operation City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie Multiple Lift Station Rehab Project – Change Order No. Sambatek Project No. 51297 Dear Mr. Wahlen: Attached to the letter is the Change Order Request from Minger Construction relating to two issues with Lift Station No. 1. Issue 1 was the voltage of the power supplied by Xcel Energy. The design was completed with the understanding that 240V power was available at the site. At some time after bids were accepted, shop drawings reviewed, and pumps were delivered it was discovered that Xcel had changed the service line voltage from 240V to 208V. Electric Pump had to change out the stators in the 2 pumps to match the 208V. Date of Work: April 9, 2024 Performed by: Electric Pump Amount: 1. Additional Costs to convert power from 240V to 208V a. Electric Pump Stator Change- $3,830.00 i. Sales Tax (8.525%) $ 326.51 Total Power Conversion $4,156.51 Issue 2. Issue 2 during start-up it was discovered the pumps were not evacuating the lift station sewage. In an effort to identify the problem, Minger ordered and installed a pressure gauge on the forcemain requiring 2 days of additional bypass pumping and other miscellaneous vehicle costs. System Evaluation: Date of Work: 6/7/2024 Work Performed by: Minger Construction Materials Ordered from: Core & Main. Cost: Materials…………………………………………………………………….. $ 299.43 Labor- Minger……………………………………………………………….$4,837.87 Equipment – Minger………………………………………………………$ 3,047.50 Total Cost =$8,184.80 Mr. Rick Wahlen, Eden Prairie June 19, 2024 Page 2 The several steps taken as noted above to identify the problem resulted in determining that larger pumps are needed due to a miscalculation on the Total Dynamic Head. 2. Upcharge on Pumps from 5hp to 10hp. (Electric Pump) a. Electric Pump-$20,865.00 i. Sales Tax (8.525%) $ 1,778.74 ii. Contractor Markup (5%) $ 1,132.19 Total Pump Upsizing $25,370.93 3. Restocking Fee (5hp pumps) & Reconnection of 10hp pumps. a. Electric Pump-Restocking $4,606.00 b. Kilmer Electric Reconnection Cost $1,595.00 Total Cost = $6,201.00 4. Total Change Order No. $43,913.24 ----------------------------------------------------------------------------------------------------------------------------------------- Summary of Change Order No. 3 City Cost: 240V to 208V Conversion $4,156.51 Pump Upsizing from 5hp to 10hp $25,370.93 Total = $29,527.44 Sambatek Cost: Pump Evaluation and Trouble Shooting $8,184.80 5hp Pump Restocking Fee $4,606.00 Reconnect New Pumps $1,595.00 Total = $14,385.80 Please review the above information and let me know if you have any questions or concerns with the issues that we have identified as Sambatek costs. Respectfully Submitted, Sambatek, Inc. Mike Nielson, PE Municipal Practice Leader Mr. Rick Wahlen, Eden Prairie June 19, 2024 Page 3 Enclosures: Minger submittal (Pages 1-6) Cc: Jeff Ostrom, Sambatek Ryan Blake, Minger Construction PHONE: 952-368-9200 FAX: 952-368-9311 Date:6/11/2024 Project: Eden Prairie Lift Station Reconditioning LS 1, 13, 15 Description of Extra Work: Undersized pumps at LS 1 Top View Labor Costs Hourly  Rate Hourly  Rate (OT)Hours Total Cost PM/Superintendent 128.13$     192.20$     10.00 1,281.30$     Foreman 119.56$     179.34$     6.00 717.36$        Laborer 91.64$       137.46$     6.00 549.84$        Laborer 91.64$       137.46$     6.00 549.84$        Laborer 91.64$       137.46$     6.00 549.84$        Operator 93.11$       139.67$     6.00 558.66$        Total Labor Cost Without Markup 4,206.84$     Labor Markup (15%)631.03$        Total Labor Cost With Markup 4,837.87$     Equipment Costs Superintendent/PM Pickup 30.00$       HR 10.00          300.00           Foreman Pickup 30.00$       N/A 6.00            180.00           Bypass Pumps 125.00$     Day 2.00            250.00           Generator 40.00$       HR 48.00          1,920.00       Total Equipment Cost Without Markup 2,650.00$     Equipment Markup (15%)397.50$        Total Equipment Cost 3,047.50$     Subcontractor Costs Quantity Unit Unit Price Electric Pump 1.00            LS 29,306.00  29,306.00$   Killmer 1.00            LS 1,595.00$  1,595.00$     Total Subcontractor Cost With Markup 30,901.00$   Contractor Markup (5%)1,545.05$     Total Cost 32,446.05$   Material Costs Quantity Unit Unit Price Core and Main ‐ Gauge and tap 1.00 LS 260.37        260.37$        Total Material Cost 260.37$        Material Tax (7.27%)incl on invoice ‐$               Total Material Cost Without Markup 260.37$        Material Markup (15%)39.06$           Total Material Cost With Markup 299.43$        Total Labor Cost 4,837.87$     Total Equipment Cost 3,047.50$     Total Subcontractor Cost 32,446.05$   Total Material Cost 299.43$        Total Cost of Extra Work 40,630.84$   P.O. BOX 236 JORDAN, MN 55352 Summary 1 TO: Minger Construction (Ryan Blake RBlake@mingerconst.com) REF: 2023 Lift Station Improvements Eden Prairie, MN DATE: June 7, 2024 ENG: Sambatek Change Order: Lift Station #1 – Top View – NP3127 Pumps Two (2) Flygt NP3127-488HT submersible pump. Pump to be furnished with the following:  10hp, 280V, 3phase, 60Hz, explosion proof motor  Hard Iron Impeller  50’ Power cable  Discharge Elbow 4”  Upper and Intermediate guide brackets 2” (2” guiderail by others)  SS cable holder  SS lifting chain with bow shackle  Flygt Mini-Cas for pump monitoring (to be mounted in a control panel) One (1) Access Hatch 30”x48” clear open H20 rated with safety grating One (1) Lot of freight and startup services included Previous Total Selling Price (NP3102 Pumps): $35,565.00 plus tax Updated Selling Price (NP3127 pumps): $56,430.00 plus tax Pumps Change Order: $20,870.00 plus tax Restocking Fee Restock the existing Flygt NP3102-465MT submersible pumps Restocking Fee: $4,606.00 April 9th, 2024 Change Order to convert original NP3102 pumps to 208V: Two (2) Flygt 208V stators for the NP3102-465MT submersible pumps. One (1) Lot of labor to modify the 2 pumps One (1) Lot of time to return the modified pumps to the jobsite Stator Change Order Price: $3,830.00 plus tax Total Change Order Amount: $29,306.00 plus tax 201 4th Ave SW New Prague, MN 56071 Office: 952-758-6600 Toll Free: 800-536-5394 Fax: 952-758-7778 4280 E. 14th St. Des Moines, IA 50313 Office: 515-265-2222 Toll Free: 800-383-7867 Fax: 515-265-8079 2 Note the following:  Current Estimated Lead Times: o New Pumps: 1 – 2 Weeks (In stock in New Prague, MN)  Controls, Concrete, Guide Rail, Cranes, Hoists, Anchor bolts, Junction Box, Reducers, Valves, Piping, Conduit, Installation of equipment and anything that’s not specifically mentioned in this proposal are the responsibility of others Thank you for your consideration, Steven Forsythe (612) 840-9499 cc: Taylor Musselman (515) 265-2222 cc: Salina Godfrey (515) 265-2222 3 Purchase Agreement: Note the following:  Return this purchase agreement to Taylor Musselman at tmusselman@electricpump.com or via fax (515) 265-8079 Payment: Net 30 Days – Retainage upon completion We are pleased to make the following offer to sell the listed Merchandise which if firm for (30) thirty days from the above date and is automatically withdrawn thereafter without any further notice. 1. Signing and returning this document to Electric Pump’s office in Des Moines, IA may accept this offer. 2. This offer and acceptance constitute the entire Agreement between the parties and may be modified only by a writing signed by both parties. 3. The prices quoted for equipment are valid for (30) thirty days. If the quote includes start up services and it is scheduled by the request of the buyer for a time other than Monday through Friday 8:00 to 5:00 additional charges will be due. 4. Payment terms are NET 30 (thirty days) after the mailing of seller’s invoice. 5. Delivery terms are F.O.B. Place of Shipment. Seller agrees to put the merchandise in the possession of the carrier, to make a reasonable contract of carriage for their transportation, to obtain and deliver or tender such documents as may be necessary to enable Buyer to obtain possession, and to promptly notify the Buyer of shipment. After seller has delivered the merchandise to the carrier, the risk of loss of the merchandise will be borne by the Buyer. The prices quoted herein include transportation charges based on existing truckload rates, any change in delivery rates existing at the time of delivery will be billed to your account. Dates of delivery are determined from the date of Seller’s acceptance of any order or orders by Buyer and are estimates of approximate dates of delivery, not a guaranty of a particular day of delivery. 6. Sales and use tax are not included. 7. Buyer shall notify seller in writing at Seller’s place of business as shown on the reverse side of this page, within twenty (20) days of receipt of merchandise, or any complaint whatsoever buyer may have concerning such merchandise. Failure to give such notice shall constitute a waiver by Buyer of all claims in respect to such goods. 8. If notice of complaints is provided within twenty (20) days of Buyer’s receipt of the merchandise, Seller agrees to inspect the merchandise at Seller’s place of business during Seller’s normal business hours and days. Upon inspection, if the merchandise is determined to be defective in material or workmanship, Seller, at Seller’s option, shall repair or replace said merchandise at no cost to Buyer, or Seller may refund the purchase price. If the examined merchandise is found not to be defective or is not for some other reason within the warranty coverage, Seller’s service time expended on and off-location will be charged to Buyer. 9. Seller will have no further warranty obligation under this Agreement if the Equipment is subjected to abuse, misuse, negligence or accident or if buyer fails to perform any of its duties set forth in Paragraphs 8 and 9. 10. THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY MADE BY THE SELLER REGARDING THIS PURCHASE. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOTHING HEREIN CONTAINED SHALL LIMIT BUYER’S RIGHTS AGAINST THE MANUFACTURER, WITH RESPECT TO MANUFACTURER’S WARRANTIES, IF ANY. 11. WARRANTY REPAIRS (which fall under the manufacturer’s warranty, if any) ARE F.O.B. ELECTRIC PUMP, INC. SERVICE LOCATION. ELECTRIC PUMP, INC. WILL NOT ASSUME ANY EXTENDED WARRANTIES UNLESS APPROVED BY PRIOR WRITTEN CONSENT. THIS 4 INCLUDES SERVICE CALLS TO JOB SITES ON PRODUCT COVERED DURING THE WARRANTY PERIOD. PLEASE REFER TO THE ATTACHED PRODUCT WARRANTY STATEMENT FOR CLARIFICATION. 12. IT IS UNDERSTOOD AND AGREED THAT SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING SELLER’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE-YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 13. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Iowa. Any dispute or disputes arising between the parties hereunder, insofar as the same cannot be settled by friendly agreement, shall be litigated only in The Iowa District Court for Polk County, in Des Moines, Iowa. Seller also has the right to commence an action against the Buyer in the County of the Buyer’s principal place of business. ***We need a hard copy of this agreement and/or a Purchase Order to start the submittal process. ******* Business Name ________________________________________________________________ Street Address_________________________________________________________________ City/State/Zip__________________________________________________________________ Phone________________________________ Fax____________________________________ Email_________________________________________________________________________ Purchase Order Number _________________________________________________________ Purchase Order Amount _________________________________________________________ SIGNATURE___________________________________________________________________ DATE________________________________________________________________________ **A signed copy of this must be returned with your P.O. Is Project Taxable? Y or N, if No a tax exempt form must be supplied for our records Invoice #U955531 Invoice Date 5/24/24INVOICEAccount #100224 Sales Rep KEVIN KAHL Phone #952-937-9666 1830 Craig Park Court Branch #230 Eden Prairie, MN St. Louis, MO 63146 Total Amount Due $260.37 Remit To: CORE & MAIN LP PO BOX 28330 ST LOUIS, MO 63146 Shipped To: MINGER CONSTRUCTION INC CUSTOMER PICK-UP000/0000 620 CORPORATE DR 00000 JORDAN MN 55352-4557 CUSTOMER JOB- 23-082 Thank you for the opportunity to serve you! We appreciate your prompt payment. Date Ordered Date Shipped Customer PO # Job Name Job # Bill of Lading Shipped Via Invoice# 5/23/24 5/24/24 23-082 23-082 WILL CALL U955531 Quantity Product Code Description Ordered Shipped B/O Price UM Extended Price 70372048009 372-048009-000 4X1CC SADDLE 1 1 79.10000 EA 79.10 ALL SS, DOUBLE STUD 4.50-4.80 361074701B 74701B 1 BALL CORP STOP NL 1 1 87.55000 EA 87.55 CCXFLR NO LEAD 391074755F 74755F 1 FCTXFIP CPLG NO LEAD 1 1 40.07000 EA 40.07 09SW150115002 SPRING WASHER 00000150115002 4 4 8.30000 EA 33.20 Freight Delivery Handling Restock Misc Subtotal: 239.92 Other: .00 Tax: 20.45 Terms: NET 30 Ordered By: MARK Invoice Total: $260.37 This transaction is governed by and subject to Core & Main's standard terms and conditions, which are incorporated by reference and accepted. To review these terms and conditions, please visit: http://tandc.coreandmain.com/ 00000 Page: 1 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT / DIVISION: Administration Rick Clark, Facilities ITEM DESCRIPTION: Fire 2 Seal Apparatus Bay Floor and Repair Floor Drains ITEM NO.: XIII.N. Requested Action Move to: Award the contract to Surface Pros to seal Fire 2 apparatus bay floor with a quartz polyurea coating for $70,733.75 and to repair floor drains for an additional cost not to exceed $13,500 for a total cost not to exceed of $84,233.75 Synopsis The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). Surface Pros was awarded contract F-503(5) on September 4th, 2020. Use of the cooperative purchasing contract enables the City to save time and money for purchases of equipment and installations under price terms already negotiated by the State of Minnesota. Background As part of the 2024 Capital Improvement Plan the sealing apparatus bay floor and floor drain repair are two separate budgeted CIP items with a total budget of $85,000 for both combined. The floor drains need repair based on concrete movement/settling rendering them unable to be removed for trench cleaning. The coating of the floor is currently peeling, chipping and ultimately failing in areas as it is passed its expectancy and warranty of 5 years. The purpose of the floor coating is not only for aesthetics but protects the concrete flooring from chipping cracking and needing replacement prematurely. The selected coating will have a 10-year product warranty with polyurea selected over epoxy for its chemical resistance, flexibility, and durability. Attachment Agreement for Contract Services with Surface Pros (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 16th day of July, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Surface Pros, a Minnesota Corporation (hereinafter "Contractor") whose business address is 6701 W 23rd St, Saint Louis Park, MN 55426. 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 Applying quartz system to Bay Floor at Fire Station #2 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of July 16, 2024. The Work shall be completed by October 31, 2024. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 12 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $70,733.75 and an additional hourly sum of $95.00 not to exceed $13,500, with total payments made in each one year period not to exceed $84,233.75 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. 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. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 12 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 12 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All 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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 12 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, 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. Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 12 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 12 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating 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 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 Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 12 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision 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 Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 12 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 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 provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement 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 Agreement is subject to the requirements of the MGDPA and Contractor shall comply Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 12 with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 12 Exhibit A City Of Eden Prairie Bid Date: July 8, 2024 Fire station #2 Floor Coating Sales Rep: Jason Ripley 12100 Sunnybrook Rd Eden Prairie, Mn 55347 Estimate Job Description Size/Qty Price Per Unit Other Removing existing coating 5075 $1.00 $5,075.00 Other Applying moisture mitigation to concrete 5075 $1.85 $9,388.75 Other Applying quartz floor coating to shop floor with 2 clear coats 5075 $8.00 $40,600.00 Other Restriping red lines in shop floor and yellow curb 1 $1,950.00 $1,950.00 Other Back hallway tile demo 169sq ft $750 1 $750.00 $750.00 Other Back hallway coating to match main floor 169 sq ft $1690 1 $1,690.0 0 $1,690.00 Other Back hallway installing vinyl base 56 lin ft $450 1 $450.00 $450.00 Other Installing 3 interior thresholds and one exterior threshold $1500 1 $1,500.0 0 $1,500.00 Other Hallway and breakroom tile demo 468 sq ft $2106 1 $2,106.00 $2,106.00 Other Hallway and breakroom coating to match main floor 468 sq ft $4680 1 $4,680.00 $4,680.00 Other Hallway and breakroom installing vinyl base 118 lin ft $944 1 $944.00 $944.00 Other Hallway and breakroom installing 4 thresholds 2 carpet,2 tile $1600 1 $1,600.00 $1,600.00 Other Time and material removing drain covers and grinding inside of drains for easier removal of drain covers $95 hr estimated time 30-40 hrs total number not to exceed $13,500 1 $0.00 $0.00 TOTAL $70,733.75 Comments: Removing drain covers and grinding inside of drains not to exceed $13,500 Drain work not to exceed $13,500 All work to be performed on a steady, uninterrupted basis during regular straight-time hours. Any variation of this will be backcharged with a change order. IMPERFECTIONS may still be visible after work is performed . Owner/Contractor has been made aware of this. Only items listed above will be performed. Any additional applications or services would need to be approved and have a signed change order. CHANGE ORDER: Once project is started, there may be unforeseen circumstances that require additional work outside what was bid or could not have been predicted at time of estimating. Most common reason is concrete failure. If it is determined that the project cannot be completed as bid, owner/contractor will be contacted and alternate options will be discussed. Customer may be responsible for all labor and material fees performed up until production was ceased. WARRANTY: I agree to the conditions of the warranty offered with the system selected above. FINANCIAL RESPONSIBILTY: I further agree to pay all finance charges, collection cost, attorney’s fees, and any other cost that may be incurred to enforce collection of any amount outstanding. Per my cardholder agreement, I agree to pay any and all credit card fees in accordance with the terms of my cardholder agreement. ACCEPTANCE: The above prices, specifications, and conditions are satisfactory and are hereby accepted, SurfaceProsmn.com is authorized to complete the contract as specified. I understand that a fifty dollar ($50) surcharge will be accessed for any returned checks. If SurfaceProsmn.com has not received payment in full after job is complete, a late payment charge of 10% monthly is Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 12 applied when payment has not been received by the company within 30 days of completion. CANCELLATION TERMS: Once a job has been accepted and a deposit has been paid, any cancelled jobs will be subject to a 20% administrative/restocking fee on the sold amount. Contract may be cancelled within three (3) business days from the date originally signed without any penalty or obligation. Cancellation must be presented in writing to Surface Pros LLC. After (3) business days, any cancelled project will be subject to a 20% cancellation fee on the sold price and will be deducted from monies to be refunded. CONTRACTOR’S NOTICE TO OWNER: (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount due from us until 120 day after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material from the improvement and who gave you timely notice. By signing this contract, I agree to, and understand the conditions and acceptance described on this contract, warranty, information forms, and the attached terms and conditions. \s1\ \d \s2\ \d SURFACE PROS MN REP SIGNATURE DATE FULLY INSURED CUSTOMER SIGNATURE DATE PRICE VALID THROUGH 04/30/2024 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award contract for 2024 Dell Rd Trail Rehabilitation to Northwest Asphalt ITEM NO.: VIII.O. Motion Move to: Award contract for the rehabilitation an aging trail section along Dell Road from the parking lot entrance to Holiday gas station south to Duck Lake Trail to Northwest Asphalt in the amount of $250,039.00. Synopsis: This trail section has reached its useful lifespan and needs rehabilitation. The trial has structural cracking and surface flaking. The trail is becoming un-level and is littered with loose gravel making it unsafe. Our recommendation is to remove the existing bituminous, regrade, compact, and repave. Background: The scope of this project is to rehabilitate the failing bituminous along this trail section. The existing bituminous has depressions, is cracking & raveling. Additionally, pedestrian ramps at each section, and adjacent to the trail bituminous, will be removed and reconstructed to meet current ADA Standards. The staff estimate for this project was $437,752.00. The funding for this rehabilitation project comes from the Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2024 Dell Road Trail Rehabilitation Northwest Asphalt $250,039.00 Diversified Paving $271,758.66 BKJ Land Co II dba BKJ Excavating $281,104.15 GMH Asphalt Corporation $286,177.99 New Look Contracting Inc. $296,243.50 Park Construction Company $308,429.90 S.M. Hentges & Sons, Inc.$311,018.00 Bituminous Roadways Inc. $333,333.33 Minger Construction Co. Inc. $381,468.15 Attachment Form of Contract Dell Road Trail Rehabilitation Map SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Northwest Asphalt., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 24808 2024 Dell Road Trail Rehabilitation 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 $250,039.00. 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 b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements 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 following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Ronald A. Case, City Mayor __________________________________ By_______________________________ Rick Getschow, City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ 101 62 DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie. Scale:1:13,109 ²0 440 880 ft Addresses Parcels 2024 Dell Road Trail Rehabilitation2024 Dell Road Trail Rehabilitation CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award contract for 2024 Purgatory Park Parking Lot Rehabilitation Project to Bituminous Roadways Inc. ITEM NO.: VIII.P. Motion Move to: Award contract for the rehabilitation of the Purgatory Creek Park parking lot to Bituminous Roadways Inc. in the amount of $134,664.50. Synopsis: This parking lot at Purgatory Creek has reached its useful lifespan and needs rehabilitation. The parking lot has structural cracking and surface flaking. Access to the park’s facilities, provided by ADA parking stalls no longer meet current ADA Standards and need to be updated. Our recommendation is to remove the existing bituminous, regrade, compact, repave, and update ADA parking to ensure accessibility for all visitors. Background: Purgatory Creek Park is one of Eden Prairies busiest parks. During each summer the park hosts the city’s Memorial Day Celebration, Arts in The Park, Beerfest, numerous 5k Events, and the pavilion is consistently rented out Fridays, Saturdays, and Sundays. The park is also host to the City of Eden Prairies Veterans Memorial, making it a destination for friends, family, and historians alike. The staff estimate for this project was $225,088.00. The funding for this rehabilitation project comes from the Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2024 Purgatory Park Parking Lot Rehabilitation Bituminous Roadways $134,664.50 Minnesota Roadways Company $164,285.62 GMH Asphalt Corporation $171,088.48 BKJ Land Co II dba BKJ Excavating $172,698.40 Diversified Paving $173,739.01 Allied Blacktop Company $178,897.63 Park Construction Company $182,317.59 New Look Contracting, Inc. $196,175.00 Attachment Form of Contract SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 24813 Purgatory Park Parking Lot Rehabilitation Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $134,664.50. 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 b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements 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 following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Ronald A. Case, City Mayor __________________________________ By_______________________________ Rick Getschow, City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Accept Bids and Approve Construction Contract for the Miller Park Outdoor Court Renovation ITEM NO.: VIII.Q. Motion Move to: Accept bids and approve the Construction Contract Agreement with Goodmanson Construction, Inc. for the Miller Park Court Renovation Project in an amount not to exceed $1,449,590.00. Synopsis The proposed project would replace the existing tennis and basketball courts with an outdoor court complex that would provide residents a facility for lit tennis, pickleball, basketball courts along with adjacent shaded seating areas. The project would also improve stormwater management for this area and add new trail connections to access the site. Background The Parks and Recreation Department has researched, discussed, and presented several options for athletic court renovation at Miller Park over the past two years. The existing courts are at the end of their useful life and need replacement. Options have included both indoor and outdoor designs with benefits and challenges to each. After several City Council work sessions and Parks and Recreation Natural Resources Commission meeting discussions, a direction of pursuing an outdoor facility has been recommended. The new court complex will include 8 pickleball courts, 1 tennis court and 1 basketball court. Sealed bids for this project were opened on June 27th with the City receiving bids from 7 different contractors. Bid Results Contractor Name Base Bid Goodmanson Construction, Inc. $1,449,590.00 K.A. Witt Construction Inc. $1,466,461.66 Veit & Company, Inc. $1,512,272.00 Peterson Companies $1,586,036.90 New Look Contracting, Inc. $1,647,899.00 Bituminous Roadways Inc. $1,672,370.15 Urban Companies $1,874,692.40 Attachments Construction Contract Agreement 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 16th day of July 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Goodmanson Construction, 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 Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: I.C. Miller Park Outdoor Courts Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,449,590.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Amy Markle, Parks and Recreation Director ITEM DESCRIPTION: Red Rock Lake Public Water Access Cooperative Agreement Between The State of Minnesota and The City of Eden Prairie. ITEM NO.: VIII.R. Requested Action Move to: Adopt resolution authorizing Parks & Recreation Director to accept and execute an agreement with the State of Minnesota Department of Natural Resources for the rehabilitation of the public water access at Red Rock Lake Park. Synopsis The City of Eden Prairie is seeking to replace the dilapidated public water access located at Red Rock Lake Park in Eden Prairie. Upon inspection the Minnesota Department of Natural Resources confirmed that this boat launch is in disrepair and must be replaced to provide safe access to the lake. The MN DNR will provide funding for the purchase and delivery of new concrete planks, boating related informational signs for the facility, plan review, and technical assistance during construction. The City of Eden Prairie will obtain all permits or licenses needed, remove the old boat landing concrete planks, provide new filtration fabric, granular material, and required equipment. Installation and ongoing maintenance of the new pier will be the responsibility of the City of Eden Prairie. To proceed with this agreement the City must provide Council Meeting Minutes showing the project was discussed and agreed upon to move forward with. This will be utilized for attachment Exhibit B. It is important that the Cooperative Agreement document is NOT SIGNED during the council meeting. The agreement will become effective July 1st, 2024, or once the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The agreement will expire on December 31st, 2044 (20 years). Background The purpose of this agreement is constructing a new public boat access to provide safe entry and exit of personal watercraft at Red Rock Lake Park. The current access was a cooperative agreement between the MN DNR and the City of Eden Prairie and was constructed in 1989. Over 35 years the boat ramp has sustained damage that is now to the extent that the facility is unsafe to launch and land personal watercraft. A new public access will provide equitable access to the lake for our city’s resident’s and nearby communities. Attachment Resolution Cooperative Agreement Location Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ A RESOLUTION FOR THE REPLACEMENT AND MAINTENANCE OF THE RED ROCK LAKE PARK PUBLIC WATER ACCESS WHEREAS, the City of Eden Prairie, Minnesota (the "City") and the State of Minnesota Department of Natural Resources (the "DNR"), desire to replace the aging public water access located at Red Rock Lake Park (the "Boat Launch"); and, WHEREAS, the DNR has prioritized replacing the Boat Launch due to age, current condition, history of rehabilitation, and ADA accessibility; and, WHEREAS, the cost to purchase and deliver the concrete planks and informational signs for the Boat Launch will be covered 100% by the DNR; and, WHEREAS, the cost of removal & disposal of the existing Boat Launch, filtration fabric, granular material, installation and ongoing maintenance of the Boat Launch will be covered 100% by the City; and, WHEREAS, this matter was considered at the City Council meeting on July 16, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that after due consideration, the Mayor and City Council hereby authorize Amy Markle, Parks and Recreation Director, to sign and enter into a Public Water Access Cooperative Agreement with the Minnesota Department of Natural Resources for reconstruction and maintenance of the Red Rock Park Public Water Access. ADOPTED by the City Council of the City of Eden Prairie this 16th day of July, 2024. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk 1 RED ROCK LAKE PUBLIC WATER ACCESS COOPERATIVE AGREEMENT BETWEEN THE STATE OF MINNESOTA AND EDEN PRAIRIE This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the “State”, and City of Eden Prairie hereinafter referred to as the “City.” WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97A.141 to provide public water access on lakes and rivers, where access is inadequate; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into agreements to jointly or cooperatively exercise common power; and WHEREAS, the State and the City have determined that the public water access on Red Rock Lake is of high priority under the state public water access program; and WHEREAS, the City owns land described as section 21, Township 116, Range 22 of Hennepin County, which is attached and incorporated into this agreement as Exhibit A; and WHEREAS, the State and the City desire to cooperate in the replacement of the boat ramp at the public water access on Red Rock Lake hereinafter referred to as the “facilities”; and WHEREAS, a resolution or copy of the City council meeting minutes authorizing the City to enter into this agreement is attached and incorporated into this agreement as Exhibit B; and NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of the public, the parties agree as follows: I. STATE’S DUTIES AND RESPONSIBILITIES a. The State will encumber funds for the planks for the facility through the standard internal purchasing process including, but not limited to, a separate requisition request. b. The State can provide boating related informational signs for the facilities as determined by Department of Natural Resources policy. i.e. Invasive species signs, as requested by the City. c. The State can review and approve any plans and provide technical assistance for the facility as proposed by the City during the term of this Agreement. d. The State reserves the right to inspect the facility at any time to ensure that the City is in compliance with this agreement. II. CITY’S DUTIES AND RESPONSIBILITIES a. The City shall obtain all permits or license that may be required for the construction or repair of the Facilities. b. The City agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. c. The City is responsible for the construction of the ramp and all other materials needed for the 2 facility. The City can request technical assistance from the State. d. The City shall be responsible for all routine maintenance and upkeep of the facilities including all on-going ramp maintenance and will keep the facilities in reasonable and safe condition. e. The City shall not restrict the use of the facilities based upon the boat size or the boat’s engine horsepower, except as adopted through uniform water surface use zoning regulations. f. The City and the State shall not charge a separate fee to use the launch ramp or parking area. The facility shall remain open year-round or in conjunction with the City’s established hours for a facility of this type. The City may close a facility for emergencies, without prior written consent of the State. The City shall notify the State within 48 hours of closing the facility for emergency reasons or if the facility will remain closed longer than 48 hours. g. The City must follow Minnesota DNR’s Operational Order 113, which requires preventing or limiting the introduction, establishment and spread of invasive species during activities on public waters and DNR-administered lands. Operational Order 113 is incorporated into this agreement by the link below, duties listed are under Sections II and III (p. 5-8). http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf. i. The City shall prevent invasive species from entering into or spreading within a project site by cleaning equipment and clothing prior to arriving at the project site. ii. If equipment or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned with tools or equipment furnished by the City (such as brush/broom, compressed air or pressure washer) at the staging area. iii. The City shall dispose of material and debris cleaned from equipment and clothing at an appropriate location. If the material cannot be disposed of onsite, then the material must be secured prior to transport (such as a sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. iv. The City shall ensure that all equipment and clothing used for work in public waters has been adequately decontaminated for aquatic invasive species. All equipment and clothing including but not limited to waders, vehicles and boats that are exposed to any public water of the state must be thoroughly cleaned and drained of all water before transport to another location. h. Work performed and use of the facility should, to the maximum extent possible, be conducted in a manner that adheres to applicable Minnesota Occupational Safety and Health Standards, the Minnesota Department of Health and CDC Guidelines, and State executive orders. All work completed for this agreement must adhere to the conditions in State executive orders related to COVID 19 until they are rescinded or expired. III. FUNDING The State shall provide funding for its responsibilities under Article I through the standard internal purchasing process including, but not limited to a separate requisition in which funds will be encumbered. The total obligation of the State for its responsibilities under Article I shall be limited to the amount of funds legislatively appropriated and administratively allocated to this project. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is complete under article XII. 3 IV. TERM a. Effective Date: July 1, 2024 or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State’s authorized representative to begin the work. b. Expiration Date: December 31, 2044 for a period of twenty (20) years except as otherwise provided herein or agreed to in writing by both parties. The agreement can be extended with a written amendment as agreed upon and signed by both parties per article XI. V. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The State’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City’s liability shall be governed by Minnesota Statutes Sections 466.01 - 466.15, and other applicable law. VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six (6) years from the end of this agreement. VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the United States and the antitrust laws of the State of Minnesota VIII. FORCE MAJEURE Neither party shall be responsible to the other or considered in default of its obligations within this Agreement to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse performance must provide the other party prompt written notice of inability to perform and take all necessary steps to bring about performance as soon as practicable. IX. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article II, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notify the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro-rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the State’s receiving that notice. 4 X. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the City or the State. XI. PUBLICITY AND ELECTRONIC ACCESSIBILITY Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. All publicity shall be provided in an accessible format per Minnesota Statute 16E.03, sub. 9. State of Minnesota guidelines for creating accessible electronic documents can be found at the following URL: https://mn.gov/mnit/programs/accessibility/. XII. COMPLETE AGREEMENT This agreement contains all negotiations and agreements between the State and the City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XIII AUTHORIZED REPRESENTATIVES Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, or by email to: The State’s Authorized Representative is Rachel Henzen, 1200 Warner Road, St. Paul, MN 55106, 651-259-5875, rachel.henzen@state.mn.us, or her successor. The City’s Authorized Representative is Amy Markle, 8080 Mitchell Road, Eden Prairie, MN 55344, 952-949-8440, amarkle@edenprairie.org or her successor. 5 IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF EDEN PRAIRIE By: _____________________________________ By: ________________________________ Title: ____________________________________ Title: _______________________________ Date: ___________________________________ Date: ______________________________ DEPARTMENT OF ADMINISTRATION CITY OF EDEN PRIARIE Delegated to Materials Management Division By: _____________________________________ By: ________________________________ Title: ____________________________________ Title: _______________________________ Date: ___________________________________ Date: ______________________________ (Effective Date) STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. 16A.15 and 16C.05. Signed: ___________________________________ Date: ____________________________________ Contract: _________________________________ ¯400 Feet Red Rock Fishing Pier Hennepin County Minnesota Department of Natural Resources Parks and Trails | Area 3B 1200 Warner Road Saint Paul, MN 55106 Exhibit A "y Bradford Pl Sweetwater Cir Brad fo rd P lBoulde r R i s e Westhill Pt Camden HillBristol PlStaburry Cv Ma s o n s P t Blakeney R d Mitchell RdBoulderPointe RdCity Owned Property Scale: 1:3,750Scale: 1:3,750 Requested Action Move to: Approve quote and authorize LOGIS to replace network equipment at various city locations. Synopsis: Switches at City Hall (2 switches), Fire Station 2, Fire Station 3, Liquor store, Senior Center were last upgraded in 2019. An upgrade will ensure integrity of our network and ability to accommodate expanded network traffic. With the addition of fiber to Staring Lake Building, we will upgrade the switch at this location. CDW has provided a quote under State of MN Contract 147097. Total cost for switches is $40,807.92 and has been budgeted in the IT Operational and CIP budgets. Attachments: 1. CDW quote CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Aditi Salunke, IT Manager ITEM DESCRIPTION: Upgrade 7 switches at various city locations. ITEM NO.: VIII.S. Line # Qty Part Number Description List Price Customer Price Customer Extended Price 1-1 Contract 147097 Sub Total: $ - 2-1 C9200L-48PXG-4X-E - City Hall Access Stack 2-2 2 C9200L-48PXG-4X-E C9200L 48-p 12xmGig, 36x1G, 4x10G PoE+, Network Essentials $ 11,774.58 $ 4,592.09 $ 9,184.18 2-4 2 C9200L-DNA-E-48-3Y C9200L Cisco DNA Essentials, 48-port, 3 Year Term license $ 1,324.59 $ 516.59 $ 1,033.18 2-6 2 PWR-C5-1KWAC/2 1KW AC Config 5 Power Supply - Secondary Power Supply $ 4,233.19 $ 1,650.94 $ 3,301.88 2-8 2 C9200L-STACK-KIT Cisco Catalyst 9200L Stack Module $ 1,604.66 $ 625.82 $ 1,251.64 2-9 2 STACK-T4-1M 1M Type 4 Stacking Cable $ 268.84 $ 104.85 $ 209.70 Sub Total: $ 14,980.58 3-1 C9200L-48PXG-4X-E - FS 2&3, Liquor Store 3-2 3 C9200L-48PXG-4X-E C9200L 48-p 12xmGig, 36x1G, 4x10G PoE+, Network Essentials $ 11,774.58 $ 4,592.09 $ 13,776.27 3-4 3 C9200L-DNA-E-48-3Y C9200L Cisco DNA Essentials, 48-port, 3 Year Term license $ 1,324.59 $ 516.59 $ 1,549.77 3-6 3 PWR-C5-1KWAC/2 1KW AC Config 5 Power Supply - Secondary Power Supply $ 4,233.19 $ 1,650.94 $ 4,952.82 Sub Total: $ 20,278.86 4-1 C9200L-24PXG-4X-E - Senior Center 4-2 1 C9200L-24PXG-4X-E C9200L 24-p 8xmGig, 16x1G, 4x10G, PoE+, Network Essentials $ 7,645.04 $ 2,981.57 $ 2,981.57 4-4 1 C9200L-DNA-E-24-3Y C9200L Cisco DNA Essentials, 24-port, 3 Year Term license $ 721.59 $ 281.42 $ 281.42 4-6 1 PWR-C5-600WAC/2 600W AC Config 5 Power Supply - Secondary Power Supply $ 2,822.13 $ 1,100.63 $ 1,100.63 Sub Total: $ 4,363.62 230 N Milwaukee Ave Vernon Hills, IL 60061 Project: EP 2024 switches for budget Incident #377106 Attention: Lori Hackett Prepared for: Logis 5750 Duluth St Golden Valley, MN 55422-4036 PRICEQUOTE QUOTE ID: 670428 Revision: 3 CUSTOMER ID: 2979747 QUOTE DATE: 07/05/2024 QUOTE EXPIRES: 08/05/2024 PAYMENT TERMS: Net 30 Days FOB: Port of Origin Sales Person: Geoff Strom Phone: (312) 547-2244 Fax: (312) 881-1367 Email:AllieandGeoff@cdw.com ISR: Sophie Headrick Phone: (312) 705-6268 Fax: (312) 705-3403 Email:sophada@cdw.com Page 1 of 2 CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLY STATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAY HAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED IN THE "TERMS & CONDITIONS" LINK AT https://www.cdwg.com/content/cdwg/en/terms-conditions/sales-and-service-projects.html. BY ORDERING OR ACCEPTING DELIVERY OF PRODUCTS OR BY ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL. Line # Qty Part Number Description List Price Customer Price Customer Extended Price 5-1 C9200CX-12P-2X2G-E - Starting Lake Park 5-2 1 C9200CX-12P-2X2G-E Catalyst 9000 Compact Switch 12-Port PoE+, 240W, Essentials $ 2,677.32 $ 1,044.15 $ 1,044.15 5-4 1 C9200CX-DNAE12-3Y C9200CX Cisco DNA Essentials, 3Y Term License, 12P $ 360.80 $ 140.71 $ 140.71 Sub Total: $ 1,184.86 Quote Total: $ 40,807.92 PRICE QUOTE QUOTE ID: 670428 Revision: 3 Prepared for: Logis Page 2 of 2 CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLY STATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAY HAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED IN THE "TERMS & CONDITIONS" LINK AT https://www.cdwg.com/content/cdwg/en/terms-conditions/sales-and-service-projects.html. BY ORDERING OR ACCEPTING DELIVERY OF PRODUCTS OR BY ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Police Department Chief Matt Sackett ITEM DESCRIPTION: Declare Surplus Property ITEM NO.: VIII.T. Requested Action Move to: Declare property surplus and move for sale through Federal Firearm Licensed dealer. Synopsis In 2023, the Eden Prairie Police Department purchased new duty rifles for department use. With the new duty rifles in-service, we currently have the old duty rifles that need to be disposed of. The Police Department has made arrangements to sell the old duty rifles to a local Federal Firearms Licensed dealer and use the funds to purchase new training rifles. Background Information The Eden Prairie Police Department has 40 duty rifles that were at the end of their service life and have been replaced with CIP funds in 2023. The Police Department has worked with a local Federal Firearms Licensed dealer to sell the old duty rifles to the dealer. This was negotiated using the same Federal Firearms Licensed dealer and process that the Police Department has used in the past when obtaining new duty handguns. The sale of the old duty rifles will provide funds to the Police Department to purchase new training rifles that replicate our current duty rifles. This will provide improved familiarity and better training. This will also save money from the Police Department training supplies budget, which is where the funds for the training rifle purchases comes from. We request the old duty rifles be approved as surplus property, with the ability to sell the items to a Federal Firearm Licensed dealer and use the proceeds for the purchase of new training rifles. Attachments Exhibit A – Surplus Property Surplus Property July 2024 Exhibit A Item #Description of Property Serial Number 1 DPMS AR-15 Rifle .223/5.56 FH38475 2 DPMS AR-15 Rifle .223/5.56 F014449 3 DPMS AR-15 Rifle .223/5.56 F044423 4 DPMS AR-15 Rifle .223/5.56 F014607 5 DPMS AR-15 Rifle .223/5.56 F014487 6 DPMS AR-15 Rifle .223/5.56 F044420 7 DPMS AR-15 Rifle .223/5.56 F014469 8 DPMS AR-15 Rifle .223/5.56 F014516 9 DPMS AR-15 Rifle .223/5.56 F014532 10 DPMS AR-15 Rifle .223/5.56 F014446 11 DPMS AR-15 Rifle .223/5.56 F014606 12 DPMS AR-15 Rifle .223/5.56 F014448 13 DPMS AR-15 Rifle .223/5.56 F014531 14 DPMS AR-15 Rifle .223/5.56 F044419 15 DPMS AR-15 Rifle .223/5.56 F044236 16 DPMS AR-15 Rifle .223/5.56 F014554 17 DPMS AR-15 Rifle .223/5.56 F014495 18 DPMS AR-15 Rifle .223/5.56 F014542 19 DPMS AR-15 Rifle .223/5.56 F014452 20 DPMS AR-15 Rifle .223/5.56 F014518 21 DPMS AR-15 Rifle .223/5.56 F014509 22 DPMS AR-15 Rifle .223/5.56 F014453 23 DPMS AR-15 Rifle .223/5.56 F014511 24 DPMS AR-15 Rifle .223/5.56 F014476 25 DPMS AR-15 Rifle .223/5.56 F014544 26 DPMS AR-15 Rifle .223/5.56 F077270 27 DPMS AR-15 Rifle .223/5.56 F014492 28 DPMS AR-15 Rifle .223/5.56 F014611 29 DPMS AR-15 Rifle .223/5.56 F014515 30 DPMS AR-15 Rifle .223/5.56 FH27888 31 DPMS AR-15 Rifle .223/5.56 FH13540 32 DPMS AR-15 Rifle .223/5.56 M003205 33 DPMS AR-15 Rifle .223/5.56 M2177 34 DPMS AR-15 Rifle .223/5.56 FH81885 35 DPMS AR-15 Rifle .223/5.56 M2041 36 DPMS AR-15 Rifle .223/5.56 M003206 37 DPMS AR-15 Rifle .223/5.56 M003203 38 DPMS AR-15 Rifle .223/5.56 M0003209 39 DPMS AR-15 Rifle .223/5.56 M003207 40 Colt AR-15 .223/5.56 LBD004086 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 16, 2024 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Professional Services Agreement with ISG for Construction Administration and Staking Services for Miller Park Outdoor Court Project ITEM NO.: VIII.U. Motion Move to: Authorize the Standard Agreement for Professional Services with ISG, Inc. for Construction Administration and Staking Services for the Miller Park Outdoor Court Facility at a cost not to exceed $41,800.00. Synopsis Staff recommends entering into a professional services agreement with ISG for construction administration and staking services for the Miller Park Outdoor Court Project. The proposed project would replace the existing tennis and basketball courts with 8 pickleball courts, one tennis court and one basketball court. All courts will be lit and the facility will also include improved stormwater management for the area and additional trail connections. Background The Parks and Recreation Department has researched, discussed, and presented several options for athletic court renovation at Miller Park over the past two years. The existing courts are at the end of their useful life and need replacement. Options have included both indoor and outdoor designs with benefits and challenges to each. After several City Council work sessions and Parks and Recreation Natural Resources Commission meeting discussions, a direction of pursuing an outdoor facility has been recommended. The City entered into an agreement with ISG to design and complete construction documents for the project and staff is now proposing to enter into a new agreement for construction administration and staking for the project. The scope and cost for these services are in line with similar projects of this size that staff has seen recently and ISG has performed similar work within our park system and surrounding communities. Staff feels very comfortable recommending them for this project. Attachment Standard Agreement for Professional Services (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 16th day of July, 2024, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ISG, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is 6465 Wayzata Blvd Suite 970, Minneapolis, MN 55426. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Administration and Staking for the Miller Park Outdoor Court Project hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A 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 July 16, 2024 through the completion of the project, 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 $41,800.00 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. 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. Page 2 of 10 (rev. 6/2024) 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 (rev. 6/2024) 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 (rev. 6/2024) 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 (rev. 6/2024) $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 and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity Page 6 of 10 (rev. 6/2024) obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Page 7 of 10 (rev. 6/2024) 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. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. 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 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 Page 8 of 10 (rev. 6/2024) 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 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 (rev. 6/2024) 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. In accordance with Minn. Stat. § 16C.05, subd. 5, 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 Page 10 of 10 (rev. 6/2024) Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement 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 Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA 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 MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT By: Its: Page 11 of 10 (rev. 6/2024) EXHIBIT A Quote/Proposal/Scope of Services Construction Administration (T&M) ISG proposes that construction administration work will be billed on a Time and Materials (T&M) basis, allowing the City to utilize ISG as needed for site visits and other various related needs during the anticipated 15-week construction period. Per the contract documents, construction shall begin on July 22, 2024 and be complete by October 30, 2024. ISG proposes to make bi-weekly (every other week) site observation trips from July 2024 through October 2024 unless otherwise requested by the City or required by the Contractor. D E L I V E R A B L E S • ISG will coordinate the pre-construction meeting with the City, General Contractor, and any subcontractors, to review the project scope, confirm schedule, and review correspondence procedures (Estimated 12 hrs). • ISG will review shop drawings, submittals, RFIs, respond to General Contractor questions, and review reports from the General Contractor (Estimated 80 hrs). • ISG will observe site construction on a bi-weekly basis (every other week) or as directed by the City for the established duration of the construction project. ISG will note issues or deviations from the plans, document progress by means of photographs and written responses, and coordinate issues with the City. ISG shall not supervise, direct, or have control over the Contractor’s work, nor have authority or responsibility of means, methods, techniques, sequences, or procedures of construction. It is estimated that eight (8) site observations will be required for the duration of the 15-week construction schedule. (Estimated 24 hrs). • ISG will review payment applications per the contract documents and facilitate any necessary change orders or RFIs (Estimated 24 hrs). • ISG will meet with the City and General Contractor to review the project for substantial completion. ISG will prepare a punch list along with the City’s input (Estimated 12 hrs). • ISG will meet with City and General Contractor to review project final completion ensuring complete execution of the punch list (Estimated 12 hrs). • ISG can participate in an 11-month warranty walk through of the project as requested by the City (Estimated 12 hrs.) Construction Staking (T&M) ISG proposes that construction staking for all work will be billed on a Time and Materials basis, allowing the City to utilize ISG as needed for construction during the anticipated 15-week construction period. ISG requires a minimum of two working days’ notice for all staking and field crew needs. If adequate notice cannot be provided, we will try to meet the project needs but cannot guarantee a survey crew at your site without proper notice. D E L I V E R A B L E S • ISG will provide construction staking services as requested by the general contractor. ISG anticipates that the requested staking services may include stakes for removals, grading, utilities, stormwater management facilities, pavements, fencing, lighting and other elements of the site. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE July 16, 2024 DEPARTMENT / DIVISION Matt Sackett, Police Chief, Police ITEM DESCRIPTION Approve Purchase of a Crisis Negotiations Unit van and specialty upfitting ITEM NO. VIII.V. Requested Action Move to: Approve the purchase of a vehicle from Midway Ford Company for $67,140 and approve the Contract for Goods and Services between the City of Eden Prairie and Surefitters in the amount of $43,250 for upfitting of the vehicle for specialty use by the Eden Prairie Police Crisis Negotiations Unit. Synopsis The Eden Prairie Police Department is requesting the purchase of a Ford Transit-350 Cargo AWD High Roof Ext. van to be outfitted by Surefitters for the Crisis Negotiations Unit (CNU) members’ use. The purchase of the vehicle will provide a purpose-built vehicle for transporting CNU members, CNU operations and CNU equipment storage. Companies specializing in these types of vehicles are very limited, but staff was able to obtain quotes from the following vendors: Option #1 LDV Custom Specialty Vehicles $222,700 Option #2 Midway Ford (Vehicle Chassis) $67,140 Surefitters (Specialty Upfitting) $43,250 Misc IT & Radio Upfitting (approx.) $13,000 Misc CNU Equip and supplies (approx.) $5,000 Total $128,390 The Eden Prairie Police Department identified the need for a CNU vehicle around 2016 and the project was submitted as a CIP item for the 2022 CIP cycle. Due to Covid, there were no vehicles available for purchase during the time of the 2022 CIP cycle and this project was placed on hold until 2024. Staff recommends Option #2 which offers a substantial savings over a custom-built vehicle and meets the needs and budget of the project. The need for the noted miscellaneous IT, radio upfitting, and CNU equipment and supplies, which are anticipated to total less than $20,000, will be assessed later and purchases approved by the City Manager under his purchasing authority. Background The CNU is secondary unit, consisting of 7 members who respond to SWAT callouts and other critical incident calls where a negotiations team can be utilized to de-escalate a situation or bring resolve to a call. The CNU has become increasingly utilized and co-deploys with all SWAT calls. The CNU does not have a vehicle assigned to the unit and often makes an ad-hoc operations area during callouts. Since 2016, the CNU has been working with the SWAT team on physically deploying with the SWAT team on operations, including in the field with SWAT members to provide in-person negotiations capabilities in hostile situations. The CNU team has been issued armor, helmets, and other safety gear that they must transport to each callout. This is in addition to the gear needed for negotiations operations by the team. The CNU vehicle will provide a purpose-built vehicle to the CNU team to transport the team, store and transport gear and provide a secure operations area for callouts. The vehicle has been planned with technological needs in mind for sharing and gathering information for operations. The Eden Prairie Police CNU belongs to a consortium of cities including Edina, Hopkins, Minnetonka, and St. Louis Park that share CNU resources, training, and call responsibilities. The CNU van will benefit the Eden Prairie CNU and be an asset to supplement the consortium CNU. Attachments 2024 Ford Transit 350 Quote Contract for Goods and Services with attached Surefitters Quote 2024 Transit-350 Cargo AWD High Roof Ext. Van 148" WB Base (F8X) Price Level: 435 Client Proposal Prepared by: Travis L Swanson Office: 165-134-35212 Email: tswanson@rosevillemidwayford.com Date: 05/21/2024 Midway Ford Company | 2777 Snelling Ave N., Roseville, Minnesota, 551131731 Office: 651-636-8200 1 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Travis L Swanson 05/21/2024 Midway Ford Company | 2777 Snelling Ave N. Roseville Minnesota | 551131731 2024 Transit-350 Cargo AWD High Roof Ext. Van 148" WB Base (F8X) Price Level: 435 As Configured Vehicle Code Description MSRP Base Vehicle F8X Base Vehicle Price (F8X)$57,850.00 Packages 101A Order Code 101A N/C Includes: - Transmission: 10-Spd Automatic w/OD & SelectShift Includes auxiliary transmission oil cooler. - GVWR: 9,950 lb - Tires: 235/65R16C 121/119 R AS BSW - Wheels: 16" Silver Steel w/Silver Hubcaps Includes exposed lug nuts. - Dark Palazzo Gray Vinyl Bucket Seats Includes 2-way manual driver seat, 2-way manual passenger seat and driver armrest only. - Vinyl Front Bucket Seats Powertrain 99G Engine: 3.5L EcoBoost V6 $2,495.00 Includes: - 3.73 Limited-Slip Axle Ratio 44U Transmission: 10-Spd Automatic w/OD & SelectShift Included Includes auxiliary transmission oil cooler. X7L 3.73 Limited-Slip Axle Ratio Included STDGV GVWR: 9,950 lb Included Wheels & Tires STDTR Tires: 235/65R16C 121/119 R AS BSW Included 641 Wheels: 16" Silver Steel w/Silver Hubcaps Included Includes exposed lug nuts. Seats & Seat Trim V Vinyl Front Bucket Seats Included 21G Dark Palazzo Gray Vinyl Bucket Seats Included Includes 2-way manual driver seat, 2-way manual passenger seat and driver armrest only. 2 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Travis L Swanson 05/21/2024 Midway Ford Company | 2777 Snelling Ave N. Roseville Minnesota | 551131731 2024 Transit-350 Cargo AWD High Roof Ext. Van 148" WB Base (F8X) Price Level: 435 As Configured Vehicle (cont'd) Code Description MSRP Other Options PAINT Monotone Paint Application STD 148WB 148" Wheelbase STD 55D Front Fog Lamps Included Auxiliary lamps that are generally integrated into the front fascia and designed to help illuminate the roadway during poor visibility. 15F Full Rear Compartment Lighting $75.00 Includes cargo area LED lights at C-pillar, D-pillar and mid-ship and rear compartment LED switch. 66D Front Overhead Shelf $75.00 67E Large Center Console Included Includes an integrated shifter, a dual cup holder and an additional storage area. 87E Auxiliary Fuse Panel Included Includes high spec interface connector. Includes: - Dual AGM Batteries (70 Amp-hr Each) - Modified Vehicle Wiring System Includes modified vehicle connections for customized wiring harness provisions. 53K Modified Vehicle Wiring System Included Includes modified vehicle connections for customized wiring harness provisions. 57G Driver Controlled Front/Rear Aux A/C & Heater $860.00 Heat is distributed from rear of front-passenger seat. A/C is distributed from the rear of van. 58B Radio: AM/FM Stereo w/SYNC 4 $930.00 Includes 12" multi-function display, Bluetooth, dual USB ports, embedded voice recognition, connected navigation and 4 speakers (front). Includes: - Electronic Air Temperature Control 63E Dual AGM Batteries (70 Amp-hr Each) Included 67C Upfitter Package $610.00 Includes high capacity upfitter switches. Includes: - Large Center Console Includes an integrated shifter, a dual cup holder and an additional storage area. - Auxiliary Fuse Panel Includes high spec interface connector. - Dual AGM Batteries (70 Amp-hr Each) 3 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Travis L Swanson 05/21/2024 Midway Ford Company | 2777 Snelling Ave N. Roseville Minnesota | 551131731 2024 Transit-350 Cargo AWD High Roof Ext. Van 148" WB Base (F8X) Price Level: 435 As Configured Vehicle (cont'd) Code Description MSRP - Modified Vehicle Wiring System Includes modified vehicle connections for customized wiring harness provisions. 86F 2 Additional Keys (4 Total)$75.00 Includes key fobs. 65A_Blind Spot Assist 1.0 w/43F/43S/94A/47D/47N $595.00 Includes Blind Spot Information System (BLIS) with Cross-Traffic Alert and trailer coverage. Blind Spot Assist 1.0 combines Blind Spot Information System (BLIS) with lane keeping aid to provide a visual warning and resistive steering torque to prevent a collision should an object be recognized in the vehicles blind spot while changing lanes. Includes: - Short-Arm Pwr-Folding Heated Pwr Adjusting Mirrors Includes turn signals. 61D 360-Degree Camera w/Split View $1,000.00 Includes front washer. Front, side and rear facing cameras allow the driver to toggle through different camera views via a button located on the instrument panel. Includes: - Front Fog Lamps Auxiliary lamps that are generally integrated into the front fascia and designed to help illuminate the roadway during poor visibility. - Reverse Sensing System - Honeycomb Mesh Grille w/Chrome Surround 43R Reverse Sensing System Included 94A Side Sensing System $480.00 Works similar to the reverse sensing system, as it sounds a tone when the vehicle gets close to surrounding vehicles and other objects. Includes: - Reverse Sensing System - Front Sensing System - Front Fog Lamps Auxiliary lamps that are generally integrated into the front fascia and designed to help illuminate the roadway during poor visibility. Fleet Options WARANT Fleet Customer Powertrain Limited Warranty N/C Requires valid FIN code. Ford is increasing the 5-year 60,000-mile limited powertrain warranty to 5-years, 100,000 miles. Only Fleet purchasers with a valid Fleet Identification Number (FIN code) will receive the extended warranty. When the sale is entered into the sales reporting system with a sales type fleet along with a valid FIN code, the warranty extension will automatically be added to the vehicle. The extension will stay with the vehicle even if it is subsequently sold to a non-fleet customer before the expiration. This extension applies to both gas and diesel powertrains. Dealers can check for the warranty extension on eligible fleet vehicles in OASIS. Please refer to the Warranty and Policy Manual section 3.13.00 Gas Engine Commercial Warranty. This change will also be reflected in the printed Warranty Guided distributed with the purchase of every new vehicle. 4 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Travis L Swanson 05/21/2024 Midway Ford Company | 2777 Snelling Ave N. Roseville Minnesota | 551131731 2024 Transit-350 Cargo AWD High Roof Ext. Van 148" WB Base (F8X) Price Level: 435 As Configured Vehicle (cont'd) Code Description MSRP Emissions 425 50-State Emissions System STD SUBTOTAL $65,045.00 Destination Charge $2,095.00 TOTAL $67,140.00 5 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: Travis L Swanson 05/21/2024 Midway Ford Company | 2777 Snelling Ave N. Roseville Minnesota | 551131731 2024 Transit-350 Cargo AWD High Roof Ext. Van 148" WB Base (F8X) Price Level: 435 Pricing Summary - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $57,850.00 Options $7,195.00 Colors $0.00 Upfitting $0.00 Fleet Discount $0.00 Fuel Charge $0.00 Destination Charge $2,095.00 Total $67,140.00 Customer Signature Acceptance Date 6 (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 16th day of July, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stonebrooke Equipment, Inc., a Minnesota corporation, d/b/a Surefitters (hereinafter “Vendor”) whose business address is 15100 Business Parkway, Rosemount, MN 55068. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for upfitting the City’s Crisis Negotiations Unit van, hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Surefitters. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $43,250.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 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. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. 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 Vendor under this Contract which the City requests to be Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 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 Vendor 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: Surefitters Its: Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work PROPOSAL 58305-002 5/30/2024Date: Proposal No: 70-84 Current Lead Time in Days:Installed Ship Via: 06/13/2024This Quote is valid through Cory SinonRequested by: lperez@edenprairie.orgEmail:(952)949-8300Phone:Leslie PerezContact: Eden Prairie, MN 55344Eden Prairie, MN 55344 15150 Technology Drive8080 Mitchell Road City of Eden PrairieShip To:City of Eden PrairiePrepared for: Loren HolmanSales Rep: EXT. PRICEPRICEQTYDESCRIPTIONITEM NO. $0.00EA/$0.001VEHICLEVEHICLE OPTIONS: MODEL YEAR 2024 FORD TRANSIT GAS 148 EXT WHEELBASE HIGH ROOF HEIGHT SINGLE REAR WHEEL SINGLE SIDE DOOR VIN: TBA Stock #: TBA PICKUP & DELIVERY = CUSTOMER EXT. PRICEPRICEQTYDESCRIPTIONITEM NO. $43,250.00EA/$43,250.001EDEN PRAIRIE HOSTAGE NEGOTIAT/IONS VAN BUILD, INSTALLEDPACKAGE BUILD INCLUDES: - URETHANE SPRAY-FOAM INSULATION - STABILIGRIP SOLID FLOOR - STEEL GRIP SIDE & REAR SILLS - WHITE INSULATED WALL/CEILING LINERS - WHEEL WELL COVERS - OUTDOOR CARPET ON CEILING LINER - ALUMINUM KICK PLATES AT FLOOR - GRAB HANDLES ON EACH SIDE OF DOORS - POWERED ROOF VENT - HALF-PARTITION ON DRIVER'S SIDE - SWIVEL BASE ON PASSENGER'S SEAT 1 // (952) 224.4440 //15100 BUSINESS PARKWAY, ROSEMOUNT, MN 55068 // - FIXED 24" X 96" DESK ON DRIVER'S SIDE - RACEWAY UNDER DESK FOR WIRING - OVERHEAD CABINETS WITH DOORS - BENCH SEAT WITH STORAGE, 4', REAR - SHALLOW DRAWER UNDER DESK - 10' POWER STRIP W/ USB PORTS - LARGE SHOP CLOCK ON WALL - HOOKS MOUNTED UNDER CABINETS - FOLD-UP JUMP SEATS ON PASS. SIDE - D-RINGS ON FLOOR BELOW JUMP SEATS - TIE-DOWNS WITH STRAPS FOR CHAIRS - (4) LIFEPO4 BATTERIES W/ COVER - WHITE CEILING LIGHTS - WHITE LIGHTS UNDER CABINETS - 3000W INVERTER/CHARGER - REMOTE FOR INVERTER - SHORE POWER PLUG FOR CHARGING - WHITEBOARDS ON DOORS & PARTITION - SIDE RUNNING BOARDS, 9.5"D - GRAB HANDLES ON EXTERIOR - REAR STEP - HITCH AND WIRING - 50% VLT TINT ON SIDE WINDOWS ACCEPTED DATE: _____________________________ACCEPTED BY: ______________________________ PROJECT TOTAL (BEFORE TAX):$43,250.00 THE PARTIES AGREE THAT THE TERMS AND CONDITIONS ATTACHED HERETO OR ON THE BACK SIDE OF THIS ORDER ARE INCORPORATED HEREIN AND A PART OF THIS ORDER. 2 // (952) 224.4440 //15100 BUSINESS PARKWAY, ROSEMOUNT, MN 55068 // TERMS AND CONDITIONS 13.SUITABILITY DISCLAIMER.The performance of the Products depends on a variety of parameters which are beyond the control of the Company.Performance of the Products may vary considerably from one application to the next.THE COMPANY MAKES NO CLAIM,REPRESENTATION OR WARRANTY CONCERNING THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR OR IN BUYER’S APPLICATION.The assessment of usefulness and suitability of the Products for each application restssolelywiththeBuyer. 14.WARRANTY.The Company warrants its workmanship to be free from defects for a period of twelve(12)months from shipment,unless a different periodisotherwise quoted inwritingbytheCompany totheoriginalBuyer.The only exception to this is paint issues,which are warranted for a period of ninety (90) days.If an issue arises during the warranty period,the original Buyer shall notify the Company and request a return or re-work authorization.Only after the authorization from the Company has been received can the work to repair the deficiency proceed.The foregoing warranty shall not apply todefects resulting from (i)improper or inadequate maintenance by Buyer;(ii)Buyer-supplied equipment,(iii)unauthorized modifications,misuse or accidents,(iv)operation outside of the environmentalspecificationsoftheProduct.All Services shall be performed in professional manner,in conformity withindustrystandards.THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESS ORIMPLIED,INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. 15.COMPANY INDEMNIFICATION.The Company shall defend any claim,suit,or proceeding brought against Buyer bya third party (“Claim”)insofar as such Claim is based upon an assertion that the use or transfer of any Product delivered hereunder constitutes infringement of a US patent or registered copyright,provided Buyer(i)notifies theCompany promptly in writing as to anysuch Claim,(ii)grantsthe Company sole control over the defense and settlement thereof,and (iii)reasonably cooperates inresponsetoaCompanyrequestforassistance.Should any Product become,or in the Company’sopinionbelikelytobecome,the subjectof a Claim,the Companymay,at its solediscretion andexpense,(a)obtain for Buyer the rightto make continued use of such Product,(b)replace or modify such ProductsothattheProductisnolongerinfringing,or (c)request return and upon receipt thereof refund to Buyertheresidualvaluethereof,calculated using straight depreciation over a five (5)year useful life.The Company shall have no liability iftheallegedinfringement isbasedon (1)combination with non-Company products;(2)use for a purpose or in a manner for which the Product was not designed;(3)use of any older version when use of a newer Company revision would have avoided the infringement;(4)any modification notmade with the Company’s written approval;(5)any modifications made by the CompanypursuanttoBuyer’sspecific instructions;or (6)any intellectual property right owned or licensed by Buyeroranyofitsaffiliates.Notwithstanding the foregoing,in no event shall the Company’s liability to BuyerunderthisSectionexceedtheamountpaidbyBuyertotheCompanyforanyallegedlyinfringingProduct.THIS SECTIONSTATES BUYER’SSOLE AND EXCLUSIVE REMEDY ANDTHE COMPANY’S ENTIRELIABILITYTOBUYERFORTHIRDPARTYINFRINGEMENTCLAIMS. 16.BUYER IDEMNIFICATION.Buyer shall defend,indemnify and hold harmless the Company against any andall losses claims,demands,actions,damages,attorney’s fees andcosts,however characterized, including but not limited to thoseinvolving personalinjury,wrongful death,property damageordiminution of value,business damage ordiminution ofvalue,patent or copyright infringement,or any other liabilities of any nature as a result of the Company’s goods,materials,representations (both implicit and explicit)and/or Services,if,and only if,Buyer is at least partially at fault for said liabilities.Buyer’s indemnificationoftheCompanyforpatentandcopyrightinfringementunderthissectionshallalsoapplywhereBuyer(a)modified,altered,orcombined theProduct withany equipment not supplied by theCompany,or (b)usedtheProductinamannerforwhichitwasnotdesigned. 17.ENTIRE AGREEMENT.In the absence of a separate,duly executed volume purchase or similar agreement between the Company and Buyer,BUYER’S PURCHASE OF THE COMPANY PRODUCTS HEREUNDER REPRESENTS ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN,WHICHCONSTITUTETHEENTIREAGREEMENTBETWEENTHEPARTIESANDSUPERSEDEANYPRIORORCONTEMPORANEOUSCOMMUNICATIONS,REPRESENTATIONS,UNDERSTANDINGS ORAGREEMENTSBYEITHERPARTY,WHETHER VERBAL OR WRITTEN,CONCERNING THESUBJECTMATTERHEREOF.The terms and conditionscontained herein take precedence over Buyer’sadditionalordifferenttermsandconditions,to which notice of objection is hereby given.Neither the Company’s commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions.No waiver,change,or modification to the terms and condition herein shall be valid or binding unless in writing and signed by authorized representatives of bothparties. 18.ASSIGNMENT.This Agreement may not be assigned by Buyer without prior written consent from a duly authorized representative of the Company.This Agreement shall be binding upon the Buyer’spermittedsuccessorsandassigns. 19.SURVIVABILITY.If any provision of this Agreement shall be invalid or unenforceable under anyapplicablelaw,such provisions shall not apply in such instance,but the remaining provisions shall begiventheirfulleffectinaccordancewiththeirterms. 20.MISCELLANEOUS.Except as prohibited by US bankruptcy laws,in the event of Buyer’s insolvency or inability to pay debts due,or voluntary or involuntary bankruptcy proceeding by or against Buyer,orappointmentofareceiverorassigneeforthebenefitofBuyer’s creditors,the Company may elect tocancelanyunfulfilledobligationstoBuyerhereunder.The Company shall have all rightsand remedies ofasecuredcreditorundertheUniformCommercialCode(UCC)and all other applicable laws.BuyeragreestoexecutesuchfinancingstatementsandotherdocumentsastheCompanymayrequestinordertoprotectitssecurityinterest.If Buyer fails to execute such financing statements and other documents within fourteen (14)days of written request by the Company,then Buyer hereby grants the Company full power and authority to execute and file such financing statement and other documents on Buyer’s behalf. 21.CHOICE OF LAW AND JURISDICTION.The parties agree that any dispute regarding interpretation orvalidity ofthese terms andconditions or relating in any manner toProducts or Services soldhereunder shall be governed by the laws,and subject to the jurisdiction of courts,of Minnesota,USA,with any dispute or Claim venuedor heard in the State of Minnesota. 22.NOTICE.Any notice required under this Agreement shall be valid upon either hand delivery ordeliveryviaUnitedStatesMail,postage prepaid,to the parties at the addresses set forth in thisAgreement,and if mailed via United States Mail,postage prepaid,be deemed delivered within three (3)daysfollowingthedateof mailing. 1.PRICING.All price quotations are valid for fifteen (15)days unless otherwise noted. 2.PAYMENT.Unless otherwise quoted by the Company,agreed to in writing or expressly stated on the face of this document,terms of payment shall be as follows: a.For new Buyers or those without open account the terms are Prepay. b.For Buyers with open account the terms are:Net ten (10)days unless otherwise stated. c.A 50%down paymentwillbe required forprojects requiring significant engineering and design work,orprojectswithnon-standard components provided or manufactured to the Buyer’s requirements,or projectsoveracertainvalueasrequiredintheProposalTerms.Balance due as per a.or b.above. d.A convenience fee of 3%will be added to all credit card payments.This applies to the full amount of theinvoice. e.The Company may alter or suspend credit whenever the payment history or financial condition of Buyer warrantssuchaction. f.Overdue payments will be subject to a 1.5%monthly interest rate. g.Buyer shall be liable for all costs,expenses and attorney’s fees incurred by the Company in thecollectionofdelinquentaccounts. 3.CUSTOMER VEHICLES IN OUR CARE,CUSTODY AND CONTROL.The Company is not responsiblefordamagetoBuyervehicleswhileinitscare,custody,and control. 4.CUSTOMER VEHICLE STORAGE.Buyer vehicles not picked up within 3 business days of completion will be assessed a storage fee of tendollars ($10.00)per day. 5.TAXES AND DUTIES.Prices for Products and Services do not include applicable federal,state or local taxes,now or hereafter enacted,which tax or taxes (i)will be added by the Company to the sales pricewhenevertheCompanyhasthelegalobligationtocollectsame,and (ii)shall be paid by Buyer unlessBuyerprovidestheCompanywithanappropriatetax-exemption certificate.Except as otherwise agreed toinwritingorprovidedonthefacehereof,for sales to points outside the United States all export duties,taxes,licenses,and fees,including customs,are in addition to the quoted prices and shall be Buyer’sresponsibility,and any such cost incurred by the Company will be passed on to Buyer. 6.FREIGHT AND SHIPMENTS.All shipments for domestic sales are F.O.B.the Company manufacturing facility.The Company shall have satisfied all delivery obligations and,subject to the limitations set forth herein,possession ofand titleto all goodssold hereundershall be deemed to pass to Buyer upon deliverytothecarrieratpointofshipment,whereupon Buyer assumes all risk of loss or damage to the goods andresponsibilityforshippingandinsurancecosts,regardless of any insurance thatmayhave been secured bytheCompanyatBuyer’s request.Anyfreight and delivery chargespaid by the Companyin connection withshipmentstoBuyerwillbepassedontoBuyer.Buyer shall notify the Company in writing relative to anyshipmentshortageordamagewithintwo(2)days of receipt of shipment.The Company shall not be liable for delaysin delivery or failure to manufacture due to causesbeyond its reasonablecontrol.In the eventof any such delay or failure,the Company shall be entitled to extend the delivery date by a commensurate period of days.The Company shall have the right to cancel any order or to refuse or delay shipment if Buyer fails to meet payment terms or if there is any materially adverse change in Buyer’s financial status. Export of the Company Products or Services outside the United States of America is subject to the latest U.S.Export Regulation issued by the U.S.Department of Commerce,adherence to which is a Buyer’sresponsibilityafterinitialshipmentbytheCompany. 7.ORDER CANCELLATION.If an order is canceled prior to the scheduled ship date,Buyer will besubjecttothefollowingcancellationcharges:Buyer will be responsible for all costs incurred by the Companypriortothedateofcancellationandanyfurthercostsincurredintheterminationoftheproject.Cancellation of the order will not relieve the Buyer’s liability for payment as specified herein. 8.CHANGE ORDERS.Change orders include any deviation from the last design reviewed and agreeduponatthetimethepurchaseorderwasissued.Buyer directed change orders are subject to additionalfees.Depending on the scope of the change order,the Company reserves the right to collect all costsincurredtodate.The added cost of the change order will be quoted by the Company and the Buyer canchooseto(i)issue a second purchase orderto coverthe costof the changeorder,or,(ii)add the additionalchargestotheoriginalpurchaseorder. 9.SCHEDULE CHANGES.Any delays in installation due to change orders,customer readiness,and/or reasons uncontrollable by the Company,may be subject to partial invoicing for all labor and materials incurred to date by the Company. 10.PROPRIETARYRIGHTS.The parties acknowledgethat theCompany may possess certain proprietary inventions,discoveries,Patents,Trademarks,or other intellectual properties in its products and designsandthattheCompanyretainsallright,title,ownership,copyrightand/or other intellectual property rights insuch.All such intellectual property incorporated shall remain the sole and exclusive property of theCompany. 11.CONFIDENTIAL INFORMATION.The parties agree that except for the written consent of the other party,each party shall keep confidential and not disclose to anypersonnotaffiliated with suchparty,anyof the other party’s confidential information and business secrets.The term “confidential information”shall include each party’s respective financial,marketing,product,process,customer,dealer,accounting,sales,manufacturing,employment and related information,including such other information that a party treats orotherwisedeemsasconfidential.Confidential information shall also include the Company Creations,Services and payment under this Agreement. 12.LIMITATION OF LIABILITY.NOT WITHSTANDING ANY OTHER PROVISIONS OF THIS ORDER,IN NO EVENT SHALLTHE COMPANY BELIABLEFOR ANY INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING IN ANY MANNER OUT OF ANY BREACH OF WARRANTY OR OUT OF OR CONNECTED WITH THE SALE,LICENSE,LEASE,USE OR ANTICIPATED USE OF THE PRODUCTS,SERVICES,INCLUDING,BUT NOTLIMITED TO,ANY INTERRUPTIONOFSERVICE, LOSS OFBUSINESS ORANTICIPATORY PROFITSRESULTING FROM THE USE OR OPERATION OF THE PRODUCTS OR PROVISION OF SERVICES.NOTWITHSTANDING THE FOREGOING,THE COMPANY’S TOTAL CUMULATIVE LIABILITY UNDER THIS ORDER SHALL NOT EXCEED THEAMOUNTPAIDBYBUYERFORTHEPARTICULARPRODUCTSORSERVICESINVOLVED. 3 // (952) 224.4440 //15100 BUSINESS PARKWAY, ROSEMOUNT, MN 55068 // Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of an Ordinance to Amend City Code Chapter 11 related to Office Uses in the Industrial and Flex Service Zoning Districts. Synopsis City Code currently limits office uses to 50% of a building’s gross square footage in Industrial Districts and 15% of a building’s gross square footage in the Flex Service District. This ordinance would remove these caps for the Industrial Park Districts (I-2 and I-5) and Flex Service District (FS), promoting more flexibility of employment- based uses in these zoning districts. This aligns with the goals of the Industrial Flex Tech and Flex Service land use categories in the Comprehensive Plan. Background The Comprehensive Plan (Aspire 2040) established a new “Industrial Flex Tech” land use category: “The Industrial Flex Tech land use designation includes both flex service and office uses as well as supporting light industrial uses like small manufacturing, warehousing, and distributing. These uses are primarily found in the dense employment areas such as the GTA. They differ from Flex Service by focusing solely on promoting and supporting heavy employment in existing employment-focused areas of the City. All Industrial Flex Tech development must adhere to the appropriate Design Guidelines established by the City.” The Industrial Flex land use designation includes most parcels in the Golden Triangle (dark blue parcels on the map) and several other lots zoned Industrial Park (I-2 and I-5) throughout the City. The Flex Service Land Use category has similar goals in Aspire 2040 of accommodating a diverse set of uses. Most of the parcels guided Flex Service are concentrated in the Martin Drive area. CITY COUNCIL AGENDA SECTION: Public Hearings DATE July 16, 2024 DEPARTMENT / DIVISION: Community Development/Planning Julie Klima/ Ben Schneider ITEM DESCRIPTION Chapter 11 Code Amendment related to Office Uses in the Industrial and Flex Service Zoning Districts. ITEM NO. IX.A. Snippet of Guide Plan Map from Aspire 2040 Industrial Flex Tech Parcels The proposed amendment would remove existing caps on office uses in the Industrial Park (I-2 and I-5) and Flex Service (FS) zoning districts. The 50% cap on office uses in the General Industrial District (I-GEN) is proposed to remain given the specific goals of promoting heavy industrial uses in that district. Where employment is a goal of a land use, removing caps on office square footage removes a potential barrier to development and redevelopment and promotes more employment opportunities in the City by granting more flexibility of uses for employers. Attachments 1. Ordinance 2. Staff Report dated March 25, 2024 3. Planning Commission Minutes from March 25, 2024 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.05 AND 11.30, RELATING TO OFFICE USES IN THE INDUSTRIAL AND FLEX SERVICE ZONING DISTRICTS; 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. City Code Chapter 11, Section 11.05, Subdivision D is hereby deleted in its entirety and replaced with the following: D. Permitted Uses Table for Commercial and Industrial Districts. Zoning District Office FS N- Com C- Com C- Reg C- Reg- Ser9 C- Hwy10 I- 2 I- 5 I- Gen A- OFC A- C COMMERCIAL Day Care Facility P P P P P P P P Gasoline/convenience stores P1 P2 P P P P P Hotels/Hospitality/lodging P1 P P P P Microdistillery P P P Microdistillery with Cocktail Room P P P P P P P P P P Pawnshops P Restaurants and Food Service P3 P1 P P P P P P4 P4 P4 P5 P Retail Sales and Services (Direct) conducted within structures and accessory uses P3 P1 P P P P P P4 P4 P4 P5 P Sexually Oriented Businesses P P Small Brewer P P P Small Brewer with Brewer Taproom P P P P P P P P P P OFFICE Business and professional offices and accessory uses P P P P P P P P P P6 P Medical and Dental Clinics P P P P P P P P P P6 P INDUSTRIAL Assembling, Compounding, Manufacturing, Packaging, Processing, Showroom, and/or Wholesale P P P P Automotive Repair Services - Major, when conducted exclusively in an enclosed building P P7 P7 P7 P7 P7 P P P Automotive Repair Services - Minor, when conducted exclusively in an enclosed building. P P P P P P P P P Commercial Kennel P P P Distribution P P P P Funeral Homes P P P P Gymnasium P P P P Live/work space such as artist lofts Self-Storage Facility P Warehousing P P P P PUBLIC Antennas and Towers, subject to City Code Section 11.39 P P P P P P P P P P P P Public Facilities and Services P Public Infrastructure P P P P P P P P P P P P Transit Facilities P RESIDENTIAL Home Occupations, subject to City Code Section 11.65 P8 P8 Multi-family dwellings and accessory structures P8 P8 1 Properties with frontage along a principal arterial street may utilize up to 100 percent of the building’s gross floor area for retail sales and services and restaurants. Properties without frontage along a principal arterial street may utilize up to 25 percent of the building’s gross floor area for retail sales and services and restaurants. 2 Gasoline/convenience stores are not permitted in the Neighborhood Commercial (N-COM) District, provided, however, that gasoline/convenience stores in existence as of January 13, 2022 remain a permitted use under this chapter. 3 Supporting commercial sales and services to office users within large office structures of one hundred thousand (100,000) square feet or more. The commercial use may not exceed fifteen percent (15%) of the gross floor area. 4 Commercial uses in Industrial Districts are limited to 15% of the gross floor area. 5 Supporting commercial sales and services to office users within large office structures of thirty thousand (30,000) square feet or more. The commercial use may not exceed fifteen percent (15%) of the gross floor area. 6Office uses as permitted in the Office District are permitted in the General Industrial District (I-GEN). Office use in the (I-GEN) District may not exceed fifty percent (50%) of the gross floor area. Such office use must comply with all of the requirements of this chapter. 7Must have been in existence as of November 1, 2016 8 Only permitted if provided for within a PUD, or within commercial buildings in the N-Com and C-Com Districts. 9C-REG-SER uses are limited to sales and service operations which require relatively large sites, attract little or no pedestrian traffic and are not typically found in shopping center structures. 10 C-HWY uses are limited to sales and service operations directly related to highway or freeway uses, tourists, and travelers. Section 2. City Code Chapter 11, Section 11.30, Subdivision 4, Subsection C is amended by deleting “Industrial District” in the second sentence and replacing it with “General Industrial District (I-GEN).” Section 3. 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 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 2024, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _______ day of_______, 2024. _________________________________ _________________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2024. STAFF REPORT: TO: Planning Commission FROM: Ben Schneider, Planner I DATE: March 25, 2024 SUBJECT: Code Amendment –Office Uses in Industrial Park Zones REQUEST: Recommendation for Zoning Code Amendment related to Office Uses in Industrial Park Districts BACKGROUND: The Comprehensive Plan (Aspire 2040) established a new “Industrial Flex Tech” land use category: “The Industrial Flex Tech land use designation includes both flex service and office uses as well as supporting light industrial uses like small manufacturing, warehousing, and distributing. These uses are primarily found in the dense employment areas such as the GTA. They differ from Flex Service by focusing solely on promoting and supporting heavy employment in existing employment-focused areas of the City. All Industrial Flex Tech development must adhere to the appropriate Design Guidelines established by the City.” The Industrial Flex land use designation includes most parcels in the Golden Triangle (dark blue parcels on the map) and several other lots zoned Industrial Park (I-2 and I-5) throughout the City. PROPOSED AMENDMENT: The purpose of this ordinance is to align the standards in the I-2 and I-5 districts with the stated goals of Industrial Flex Tech in Aspire 2040, promoting employment more generally rather than favoring light industrial uses over office uses. To achieve this, the amendment removes language limiting office to 50 percent of a building’s gross floor area in the I-2 and I-5 zoning districts. Note that this amendment proposes to maintain the 50% cap for the I-GEN district, which is specifically intended for heavy industrial uses. Snippet of Guide Plan Map from Aspire 2040 INDUSTRIAL FLEX TECH COMPARED TO OTHER LAND USES: The table below summarizes how Industrial Flex Tech is distinct from the other “employment” land uses in Aspire 2040. Land Use Corresponding Zoning District(s) Location(s) in City Summary of Goals Industrial Flex Tech Industrial Park Districts (I-2 and I-5) Most of Golden Triangle and other dense employment areas (e.g. Edenvale Corporate Park) Promoting employment-focused office and light industrial uses Industrial General Industrial District (I-GEN) Crosstown Industrial Area (along Industrial Road) Allow heavy industrial uses (plant operations, etc.) with proper buffering Flex Service Flex Service (FS) Martin Drive and Pioneer & Pioneer Promote redevelopment of specific areas via more flexible performance standards; also allows commercial uses in limited circumstances Office Office (OFC) Throughout the City Preserve office uses Removing the office square footage cap removes unproductive regulations that may impede employment and business growth. STAFF RECOMMENDATION: Staff recommends approval of the ordinance that would remove the 50 percent cap on office uses for buildings in the Industrial Park (I-2 and I-5) Zoning Districts. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 25, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Kirk called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Taylor was absent. III. APPROVAL OF AGENDA MOTION: Grote moved, seconded by Weber to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Kirk moved, seconded by Sivilay to approve the minutes of February 12, 2023. MOTION CARRIED 7-0 with one abstention (Farr). V. PUBLIC HEARINGS A. EDEN PRAIRIE PUBLIC SCHOOLS - UNFI Request for • Approval for Guide Plan Changes to Public/Semi-Public and Parks and Open Space on 60.91 acres • Approval for Zoning Change to Public and Parks and Open Space on 60.91 acres Sherwood recused himself. PLANNING COMMISSION MINUTES March 25, 2024 Page 2 Kyle Fisher, Safety Director at Eden Prairie Schools, displayed a PowerPoint and detailed the application. The application requested a change to the Comprehensive Plan and Zoning District of approximately 60.91 acres to facilitate the use of the existing office building for educations programming by the Eden Prairie School District. He played a video of the proposed TASSEL program which served students 18-22 years old. At the end of the summer the program’s lease would not be renewed in its existing building and the applicant proposed to move this program to the office building in question. The Nine Mile Creek Watershed District was involved and had a positive response to the proposal. Dirk Tedmon, executive director of marketing and communication for Eden Prairie School District, explained the “Designing Pathways” process and explained the need for a large property to respond to perhaps 200 students’ needs, which included the issues of increasing enrollment and the need to outsource some teaching opportunities. He explained the community outreach done toward this end. Kyle Fisher explained the development involved 165,000 square feet on Bryant Lake and stated this was a great opportunity to work with the Watershed District to provide nontraditional learning. The school buildings were almost at capacity This would have a centralized warehouse area in the lowest level. Farr asked for and received confirmation the purchase agreement was contingent on District approval. Other uses included environmental learning outdoor spaces, a play area, et cetera, and program were not set in stone but could evolve. There would also be programs for the community and special events with enough parking for all. Fisher stated this was like any other program at Eden Prairie Schools. Farr noted enrollment was not dropping in Eden Prairie. He asked if the westernmost driveway off Valley View required a shared access agreement. Fisher replied his understanding there was conversation on the use of this as a second drive. Unfortunately the design engineer was not able to attend tonight’s meeting. Farr anticipated questions from the public regarding taxes. Students did not pay tuition so he asked how it was funded. Tedmon replied there was a lease levy purchase for less than a dollar a month, with no major tax impact. A bond referendum was possible in the future. Shawn Hoffman-Graham, community education, detailed the funding. She was the first connection to events, many of which were fee-based, and the schools would be able to find expanded learning for students, filling the voids and gaps for Eden Prairie citizens. Grote asked if there were any plans to use Bryant Lake. Fisher stated there was no official plans and did not know in what capacity it would be used. PLANNING COMMISSION MINUTES March 25, 2024 Page 3 Barnhart presented the staff report. This was a map change in the Comprehensive Plan and land use guidance. This was a unique request; typically, some construction is anticipated. Any changes to the exterior or to the landscape would be subject to city review. There were certain stipulations and conditions on the use of the lake (docks, moorings, et cetera). There were no lakeside or lake improvements proposed at this time, and any change to that would also have to go through a review process. The proposed use was also in keeping with environmental conditions with no negative impacts. Staff supported the change to the Comprehensive Plan. Sivilay asked for Phase I environmental assessment results. Fisher replied one was completed and the only potential concern was an underground 10,000 gallon storage tank. Subsequent tests were not yet back, but at this time no leakage was indicated. Farr asked if the traffic would increase as the program evolved and grew. Schultze replied the study’s goal was to document the existing condition, and compare it to the demand, and did not see an increase of traffic even if the program were to triple. Any major increase would also go through the public review process. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 8-0. Mette spoke in support of the project, not finding traffic a concern. She noted this would take a tax-generating property off the tax rolls, and she suggested the school district to explore selling off the excess land in order to help put money back on the payroll and raise funds for major renovations. Kirk seconded Mette’s support and stated he saw no real downsides. The public processes in the future would allow appropriate input. Sivilay stated his only concern was the recommended mediation in Phase II. MOTION: Kirk moved, seconded by Weber to recommend approval for Guide Plan Changes to Public/Semi-Public and Parks and Open Space on 60.91 acres and for Zoning Change to Public and Parks and Open Space on 60.91 acres as represented in the March 25, 2024 staff report. Motion carried 7-0 with Sherwood and Grote abstaining. B. CODE AMENDMENT – OFFICE USE IN INDUSTRIAL FLEX TECH Request for • Approval for Guide Plan Changes to Public/Semi-Public and Parks and Open Space on 60.91 acres PLANNING COMMISSION MINUTES March 25, 2024 Page 4 • Approval for Zoning Change to Public and Parks and Open Space on 60.91 acres Barnhart presented the staff report. This was to incorporate the goals of Aspire 2040 applied to the industrial area known as the Industrial Flex Tech area, specifically the I-2 and I-5 Zoning Districts. The change would remove the 50 percent cap for office uses in those districts. Over the years there have been a handful of waivers for extensions and this would remove an unnecessary regulation that did not gibe with the Plan’s goals. It would add more employment and aid to the business community without negative impacts. The commission might see more parking waivers because office parking was greater than warehousing or manufacturing. . This did not change the I-Gen use distribution where there was still the 50 percent cap; heavier industrial uses being more appropriate in these areas. Staff recommended the change as proposed in the staff report. MOTION: Mette moved, seconded by Kirk to close the public hearing. Motion carried 8-0. Farr stated he could vouch for the demand for this change. Kirk also voiced his support. Mette agreed; to her it reiterated why the Flex Industrial Zone was created in the first place. MOTION: Farr moved, seconded by Sherwood to recommend approval for the text amendment to Chapter 11.30 as drafted in the March 25, 2024 staff report. Motion carried 8-0. PLANNERS’ REPORT MEMBERS’ REPORTS Pieper announced this was Mette’s last meeting. Mette thanked the commission members and bid them farewell. VI. ADJOURNMENT MOTION: Mette moved, seconded by Kirk to adjourn. Motion carried 8-0. The meeting was adjourned at 7:42 p.m. Requested Action Move to: • Close the Public Hearing; and • Approve the 1st Reading of an Ordinance Amending the Landscaping Requirements in the RM-2.5 Zoning District Synopsis In 2016, the city approved several amendments to the landscaping section including a provision allowing up to 25% of the required caliper inches for landscaping to be substituted by shrubs, perennials, and planting beds. Since the amendment was approved, staff has been tracking and evaluating trends in multifamily projects to determine if 25% is the appropriate percentage. Based on staff’s analysis, there were significant waivers approved for landscaping requirements in the RM-2.5 Zoning District. Therefore, staff recommends an amendment that would allow 50% of the required caliper inches to be substituted by shrubs/planting beds provided the building has a floor area ratio of 1.0 or greater and site design meets certain criteria. The intention of the changes is to provide some flexibility to comply with the landscaping requirements while maintaining the high quality and expectations provided in the City’s Design Guidelines. Background There have been eight (8) multifamily developments approved in the RM-2.5 Zoning District since the landscaping requirements were updated to allow credit for shrubs, perennials, etc. Six of these projects requested and received landscaping waivers, waiving between 29% and 55% of the landscaping requirement. These approved projects are infill projects that include large buildings on relatively small sites. The majority of these approved projects have a floor area ratio of 1.0 or greater. This is an indication of the intensity of the development. The issue is that large buildings have greater landscaping requirements, as the caliper inch requirements increase as the total square footage of the building increases. Projects with a higher floor area ratio have less area within which to plant the trees, shrubs, perennials, etc. and can have other factors that limit the placement of trees. Given this, it can be difficult to comply with the landscaping requirements. CITY COUNCIL AGENDA SECTION: Public Hearing DATE July 16, 2024 DEPARTMENT / DIVISION Community Development/ Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION RM-2.5 Zoning District – Landscaping Amendment ITEM NO. IX.B. Proposed Amendment The proposed amendment allows an applicant with a project having a floor area ratio of 1.0 or greater to substitute up to 50% of the required landscaping caliper inches with shrubs/planting beds provided the project meets five or more criteria and the landscape plan furthers the goals and objectives of the Design Guidelines. City Code Chapter 11, Section 11.42, Subdivision 5, is amended by inserting the following new Item F. and re-lettering the remaining items. F. Substitution in RM-2.5 Zoning District. In the RM-2.5 district, up to 50% of the required landscape caliper inches may be substituted with shrubs, perennials or planting beds if the project has a floor area ratio of 1.00 or greater and the landscaping plan furthers the goals and objectives of the City’s Design Guidelines. The request will be evaluated based on meeting five or more of the following criteria: 1. The project includes xeriscaping, raingardens/bioswales, rooftop gardens, public art, native landscapes, pollinator gardens, green roofs, garden plots or similar features to provide variety in meeting the landscaping requirements. 2. At the entrances to the building, the proposed landscaping activates the space, creates a human scale environment and makes the space inviting. 3. The project provides screening that considers safety, such as screening parking lots to limit views of cars from the right-of-way and adjacent land uses while at the same time allowing surveillance of the parking lot. 4. The project includes landscaping covering more than 75% of the lineal feet of the foundation of the building. 5. The project exceeds the required percentage of the parking lot covered in islands and/or exceeds the parking lot island size requirements. Project Name Site Area Acres Number of Units Gross Building Floor Area Sq. Ft. FAR Required Landscaping Landscaping Provided Waiver % of Total with 25% shrubs Waiver % of Total with 50% shrubs Smith Village Applewood Pointe (2019) 3.88 100 199,602 1.2 624 346 55 30 Trail Pointe Ridge (2019) 2 58 86,558 1.0 270 49 Townhomes (2019) 1 6 25,000 0.6 78 41 The Ellie (2022) 6.4 239 349,800 1.3 871 448 49 24 Paravel (2019) 4.96 246 420,240 1.9 914 648 29 3 Castle Ridge (2019) 6.8 274 444,160 1.5 1388 629 55 25 Southview of Eden Prairie (2018) 2.88 116 138,222 1.1 388 502 No Waiver No Waiver Prairie Bluff Senior Living (2017) 4.53 138 188,481 1.0 490 490 No Waiver No Waiver 6. The project utilizes landscaping to define and enhance outdoor spaces such as fire pit areas, outdoor kitchen areas, seating areas, pools, outdoor courts, walking paths, etc. 7. The project utilizes plant material that preserves and conserves resources, reduces waste, and minimizes maintenance. Such plant materials may include those that are drought tolerant, salt tolerant, pollinator friendly, disease resistant, native, low maintenance and shade producing, and those that provide visual interest throughout the year including a variety of periods of blooming, leaf color, bark, and branching structure. Attachments 1. Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.42 RELATING TO LANDSCAPING AND SCREENING REQUIREMENTS IN THE RM-2.5 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. City Code Chapter 11, Section 11.42, Subdivision 5, is amended by inserting the following new Item F. and relettering the remaining items. F. Substitution in RM-2.5 Zoning District. In the RM-2.5 district, up to 50% of the required landscape caliper inches may be substituted with shrubs, perennials or planting beds if the project has a floor area ratio of 1.00 or greater and the landscaping plan furthers the goals and objectives of the City’s Design Guidelines. The request will be evaluated based on meeting five or more of the following criteria: 1. The project includes xeriscaping, raingardens/bioswales, rooftop gardens, public art, native landscapes, pollinator gardens, green roofs, garden plots or similar features to provide variety in meeting the landscaping requirements. 2. At the entrances to the building, the proposed landscaping activates the space, creates a human scale environment and makes the space inviting. 3. The project provides screening that considers safety, such as screening parking lots to limit views of cars from the right-of-way and adjacent land uses while at the same time allowing surveillance of the parking lot. 4. The project includes landscaping covering more than 75% of the lineal feet of the foundation of the building. 5. The project exceeds the required percentage of the parking lot covered in islands and/or exceeds the parking lot island size requirements. 6. The project utilizes landscaping to define and enhance outdoor spaces such as fire pit areas, outdoor kitchen areas, seating areas, pools, outdoor courts, walking paths, etc. 7. The project utilizes plant material that preserves and conserves resources, reduces waste, and minimizes maintenance. Such plant materials may include those that are drought tolerant, salt tolerant, pollinator friendly, disease resistant, native, low maintenance and shade producing, and those that provide visual interest throughout the year including a variety of periods of blooming, leaf color, bark, and branching structure. Section 2. 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 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of July, 2024, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of ___________, 2024. _________________________________ _________________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2024. TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: May 28, 2024 SUBJECT: Landscaping Text Amendment in the RM-2.5 Zoning District BACKGROUND In the past seven (7) years, there have been eight (8) multifamily developments approved in Eden Prairie in the RM-2.5 Zoning District. Six of these projects requested and received landscaping waivers (75%). This prompted Planning staff to review the landscaping requirements in the RM-2.5 Zoning District and determine if modifications are needed. These approved projects are infill projects that include large buildings on relatively small sites. The majority of these approved projects have a floor area ratio of 1.0 or greater. This is an indication of the intensity of the development. The landscaping waivers that were granted for these projects waived anywhere between 29% to 55% of the total required caliper inches. The issue is that large buildings have greater landscaping requirements, as the caliper inch requirements increase as the total square footage of the building increases. Projects with a higher floor area ratio have less area within which to plant the trees, shrubs, perennials, etc. and can have other factors that limit the placement of trees. Given this, it can be difficult to comply with the landscaping requirements. City Code currently* allows 25% of the required caliper inches to be substituted with shrubs and other Project Name Site Area Acres Number of Units Gross Building Floor Area Sq. Ft. FAR Required Landscaping Landscaping Provided Waiver % of Total with 25% shrubs Waiver % of Total with 50% shrubs Smith Village Applewood Pointe (2019) 3.88 100 199,602 1.2 624 346 55 30 Trail Pointe Ridge (2019) 2 58 86,558 1.0 270 49 Townhomes (2019) 1 6 25,000 0.6 78 41 The Ellie (2022) 6.4 239 349,800 1.3 871 448 49 24 Paravel (2019) 4.96 246 420,240 1.9 914 648 29 3 Castle Ridge (2019) 6.8 274 444,160 1.5 1388 629 55 25 Southview of Eden Prairie (2018) 2.88 116 138,222 1.1 388 502 No Waiver No Waiver Prairie Bluff Senior Living (2017) 4.53 138 188,481 1.0 490 490 No Waiver No Waiver Staff Report – RM-2.5 Zoning District Landscaping Amendment Page 2 2 plantings such as perennials. Most development projects include many more shrubs beyond the 25% that are counted toward the project’s caliper inch requirements. Shrubs provide value to the landscape, including screening, color and texture variety. Based on staff’s review and evaluation of the projects that were given waivers for landscaping, staff has concluded that certain projects should be allowed up to 50% of the required caliper inches to be substituted with shrubs without compromising the landscaping goals of the code. As an exercise, staff applied the 50% allowance to the projects with waivers and it brought many of the projects much closer to complying with the landscaping requirements and it would have reduced the waiver request. Staff recommends that in certain circumstances, the developer should be allowed to count a greater percentage of shrubs toward the required caliper inch requirements. *Prior to 2016, only trees were counted toward the landscaping requirement. PROPOSED AMENDMENTS There are times when a site has limitations on the number of trees that can be used to comply with the landscaping requirements. In this situation, (high FAR), the proposed amendment allows shrubs to be counted toward compliance with the requirements. For a project to utilize a 50% allowance, the project must have a floor area ratio of 1.0 or greater and meet four or more of the design objectives outlined in the design guidelines. The City Council must find that the landscaping furthers the goals and objectives of the design guidelines. Most projects incorporate some of the recommendations in the design guidelines. With this amendment, the City expects the applicant to provide a design that quantifiably meets the design guidelines in exchange for being allowed to count a greater percentage of shrubs toward the total caliper inch requirements. The proposal involves amending City Code Chapter 11, Section 11.42, Subdivision 5, by inserting a new Item F. and relettering the remaining items: F. Shrub Substitution in RM-2.5 Zoning District. An applicant may request to substitute up to 50% of the required landscape caliper inches with shrubs, if the project has a floor area ratio of 1.00 or greater and the City Council find that the landscaping plan furthers the goals and objectives of the City’s Design Guidelines by meeting five or more of the following criteria: 1. The project includes xeriscaping, raingardens/bioswales, rooftop gardens, public art, native landscapes, pollinator gardens, green roofs, garden plots or similar features to provide variety in meeting the landscaping requirements. 2. At the entrances to the building, the landscaping activates the space, creates a human scale environment and makes the space inviting. 3. The project provides screening that considers safety. Screening of the parking lots limits views of cars from the right-of-way and adjacent land uses. 4. The project includes landscaping covering more than 75% of the lineal feet of the foundation. Staff Report – RM-2.5 Zoning District Landscaping Amendment Page 3 3 5. The project exceeds the required percentage of the parking lot covered in islands and/or exceeds the parking lot island size requirements. 6. The project utilizes landscaping to define and enhance outdoor spaces such as fire pit areas, outdoor kitchen areas, seating areas, pools, outdoor courts, walking paths etc. 7. The project utilizes plant material that preserves and conserves resources, reduces waste, and minimizes maintenance. Use a variety of plant materials that are drought tolerant, salt tolerant, pollinator friendly, disease resistant, native, low maintenance and shade producing. Use plant material that provides visual interest throughout the year including a variety of periods of blooming, leaf color, bark, and branching structure. STAFF RECOMMENDATION Staff recommends approval of the code amendment to the Landscaping Requirements for the RM-2.5 Zoning District as represented in the May 28, 2024 staff report. 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. B. CODE AMENDMENT – LANDSCAPING IN THE RM-2.5 ZONING DISTRICT Request for • Amendment to City Code Chapter 11, Section 11.42, Subdivision 5 Barnhart presented the Code Amendment. In the last seven years the City had approved eight different projects in the RM-2.5 zoning district, six of which had waivers for landscaping. There was a difference between landscaping requirements based on the size of the building and the tree replacement requirement. The landscaping requirements for the building were based on the size of the building. In certain situations a large building on a lot left little space to include trees, so waivers were granted to reduce the required landscaping. Five of these six developments with waivers had a floor area ratio of one or greater, a trend that made staff think about addressing this in the Code. What staff proposed was, if a floor ratio was a ratio of greater than one, up to 50 percent of the caliper use requirement could be addressed by perennials/flower beds or shrubs. This would introduce color and texture without reducing the landscaping requirement. PLANNING COMMISSION MINUTES May 28, 2024 Page 4 This allowed for more flexibility to allow developments to meet the landscaping requirements without waivers while supporting the overall design guidelines in terms of color, texture, seasonal interest, variety, and sustainability. This change would remove barriers to development and redevelopment while supporting the City’s vision. Staff recommended approval. Farr noticed the metric for computing landscaping requirements were based con floor area ratio and asked if this requirement should be based on the base area, not the floor area ratio in the example of a high rise. However, he found this change to be a good idea. He noted that many developments do have some undeveloped, undisturbed area off the side, many of which were topographically challenging. He asked for assurance that this change would not allow any building to stand alone without surrounding landscaping just because it mathematically met the criterial via the unused side parcel, but that the change in Code would emphasize the building in context of the required landscaping. Barnhart replied staff chose the floor area ratio calculation from the examples identified, all of which were multi-story buildings, so Farr was correct, and this ratio would increase with multiple stories. Barnhart assured Farr staff would not allow spotty landscaping but would require it throughout the development, even in the case of an undeveloped side parcel. MOTION: Taylor moved, seconded by Sherwood to close the public hearing. Motion carried 8-0. Duncan commended the seven items for promoting flexibility and creativity. MOTION: Weber moved, seconded by Grote to recommended approve to amend City Code Chapter 11, Section 11.42, Subdivision 5 as represented in the May 28, 2024 staff report. Motion carried 8-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Weber moved, seconded by Duncan to adjourn. Motion carried 8-0. The meeting was adjourned at 7:34 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: July 16, 2024 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 309861 - 310456 Wire Transfers 1036146 - 1036419 Wire Transfers 10512 - 10584 Purchasing Card 10561 City of Eden Prairie Council Check Summary 7/16/2024 Division Amount Division Amount 000 General 0 304 Senior Board 60 100 City Manager 57,596 308 E-911 514 101 Legislative 7,246 315 Economic Development 11,821 102 Legal Counsel 147,411 502 Park Development 97,540 110 City Clerk 3,992 509 CIP Fund 8,281 111 Customer Service 9,785 512 CIP Trails 13,562 112 Human Resources 740 513 CIP Pavement Management 271,795 113 Communications 8,687 522 Improvement Projects 2006 1,967 114 Benefits & Training 9,357 526 Transportation Fund 35,446 130 Assessing 645 539 2020 Improvement Projects 4,592 131 Finance 10,511 541 DELL RD (CRESTWOOD TO CSAH 61)36,241 132 Housing and Community Services 2,102 804 100 Year History 2 133 Planning 810 Total Capital Projects Fund 481,821 136 Public Safety Communications 2,646 137 Economic Development 388 601 Prairie Village Liquor 213,646 138 Community Development Admin.275 602 Den Road Liquor 382,419 150 Park Administration 69 603 Prairie View Liquor 246,028 151 Park Maintenance 117,886 605 Den Road Building 7,703 153 Organized Athletics 157 701 Water Enterprise Fund 682,102 154 Community Center 27,672 702 Wastewater Enterprise Fund 533,250 155 Beaches 9,188 703 Stormwater Enterprise Fund 63,821 156 Youth Programs 16,742 Total Enterprise Fund 2,128,970 157 Special Events 2,700 158 Senior Center 6,103 316 WAFTA 248 159 Recreation Administration 4,147 802 494 Commuter Services 73,693 160 Therapeutic Recreation 1,196 806 SAC Agency Fund 54,670 162 Arts 14,038 807 Benefits Fund 1,701,242 163 Outdoor Center 2,248 809 Investment Fund 9,786 168 Arts Center 1,709 811 Property Insurance 4,418 180 Police Sworn 56,751 812 Fleet Internal Service 296,367 184 Fire 35,940 813 IT Internal Service 178,265 186 Inspections 6,393 815 Facilites Operating ISF 115,533 200 Engineering 3,520 816 Facilites City Center ISF 97,639 201 Street Maintenance 156,216 817 Facilites Comm. Center ISF 165,918 202 Street Lighting 154,754 818 Dental Insurance 28,114 Total General Fund 879,617 820 Fencing Consortium 8,000 Total Internal Svc/Agency Funds 2,733,892 301 CDBG 23,837 303 Cemetary Operation 6,429 Report Total 6,289,002 312 Recycle Rebate 1,010 321 Opioid Settlement 20,679 Total Special Revenue 51,955 437 G.O. Perm. Improv. 2010A 803 440 GO Perm Impr Ref Bonds 2011D 1,509 441 2012A G.O. Refunding Bonds 7,591 442 2012B G.O. Refund Capital Imp 2,843 Total Debt Service Fund 12,746 City of Eden PrairieCouncil Check Register by GL 7/16/2024 Check #Amount Supplier / Explanation Account Description Business Unit Comments 309973 383,901 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee July 2024 10516 357,347 HEALTHPARTNERS Insurance Health and Benefits June 2024 Premiums 10581 356,151 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.28.24 10541 335,499 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.14.24 310260 254,870 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund Water Meters 310231 247,191 CORRECTIVE ASPHALT MATERIALS LLC Surface Seal Streets Pavement 2024 Surface Seal Project 10579 234,192 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.14.24 10539 226,322 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.31.24 1036339 169,248 LOGIS Network Support IT Operating Network Support and Software Maintenance 1036218 164,095 XCEL ENERGY Electric Various Funds Multi premise electric 10538 157,752 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax May 2024 310415 112,841 LMCIT Legal Legal Council Lawsuit - Auto World 310265 109,738 NATIONAL AUTO FLEET GROUP Autos Fleet Capital New Fleets 940-941 309989 93,100 SIR LINES-A-LOT Contracted Striping Traffic Signs 310082 91,954 DODGE OF BURNSVILLE Equipment Parts Fleet Capital 10561 75,418 USB-PURCHASING CARD Various Various Funds 1036353 71,825 XCEL ENERGY Electric Various Funds 310081 59,201 DIVERSIFIED CONSTRUCTION Other Contracted Services Park Acquisition & Development 310130 56,975 SJE INC Capital Under $25,000 Wastewater Capital 309974 54,123 METROPOLITAN COUNCIL Due to Other Funds SAC Agency Fund 310395 52,271 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM 1036325 43,287 WSB & ASSOCIATES INC Design & Engineering IT Operating 1036295 41,573 XCEL ENERGY Electric Various Funds 10543 40,001 EMPOWER Deferred Compensation Health and Benefits 1036333 36,915 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution 10583 32,691 EMPOWER Deferred Compensation Health and Benefits 310123 31,495 RAINBOW TREECARE Other Contracted Services Tree Disease 1036347 31,246 SRF CONSULTING GROUP INC Design & Engineering CIP Pavement Management 310246 31,007 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment 1036244 28,707 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 1036330 28,695 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 1036396 27,225 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 1036387 27,052 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Water Capital 1036154 25,548 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 1036283 25,130 HAWKINS INC Treatment Chemicals Water Treatment 309934 24,212 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating 310035 22,476 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 310401 22,061 GRAYMONT Treatment Chemicals Water Treatment 310241 21,864 GRAYMONT Treatment Chemicals Water Treatment 10513 21,681 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Funds 310292 21,383 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 1036329 21,258 CENTERPOINT ENERGY Gas Various Funds 309960 21,241 ISG Other Contracted Services Park Acquisition & Development 310091 20,679 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Opioid Settlement 310332 20,592 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 10529 20,293 BPAS Other Deductions Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments31002920,216 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 310178 20,033 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1036158 19,848 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 10542 19,652 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 10582 19,505 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1036398 18,712 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails 310371 18,527 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM 310005 17,844 VERIZON WIRELESS Other Contracted Services IT Operating 310038 17,144 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 10530 17,083 WEX HSA - Employee Health and Benefits 310147 16,968 GRI EDEN PRAIRIE, LLC Amortization Leases Prairie Village Liquor Store 10535 16,882 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission 10574 16,864 WEX HSA - Employee Health and Benefits 310148 16,698 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 309894 16,481 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 10519 16,106 CARD CONNECT Bank and Service Charges Community Center Admin 10534 16,072 PAYCHEX Wages and Benefits MM 494 Corridor Commission 10562 16,067 PAYCHEX Wages and Benefits MM 494 Corridor Commission 309983 15,680 QUALITY COUNTS LLC Right of Way & Easement Transportation Fund 310251 15,613 ISG Other Contracted Services Park Acquisition & Development 310043 15,562 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 309950 15,229 GRAYMONT Treatment Chemicals Water Treatment 310170 15,178 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1036186 14,250 BARNUM GATE SERVICES INC Other Contracted Services Yard Waste Site 10536 12,746 U S BANK Interest 2012B/20A GO Refund Capital 310186 12,740 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 310068 12,529 CATALYST GRAPHICS INC Printing Staring Lake Concert 310340 12,439 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 310199 12,377 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 309933 12,205 BADGER METER Telephone Water Metering 1036318 12,055 GUNNAR ELECTRIC CO INC Other Contracted Services Snow & Ice Control 310158 11,784 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 310214 11,750 BERGANKDV LTD Audit & Financial Various Funds 310396 11,656 FIRE CATT LLC Equipment Testing/Cert.Fire 309972 11,487 METRO CONCRETE RAISING INC Mudjacking Curbs Water Treatment 310051 11,472 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 309869 11,407 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 310131 11,304 SSI KEF SLB LLC Electric Maintenance Facility 309998 11,180 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Various Funds 310055 11,115 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 309916 11,008 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 310279 10,841 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Wastewater Capital 310453 10,238 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution 310119 10,200 PREMIER LAKE HARVESTING LLC Other Contracted Services Park Maintenance 309885 10,127 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 310287 10,000 TITLE SMART INC Accounts Receivable TIF-Eden Shores Senior Housing 1036291 9,785 STREICHERS Clothing & Uniforms Police Sworn 310234 9,749 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 310366 9,401 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 310323 9,232 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments10361529,185 CENTERPOINT ENERGY Gas Various Funds 310172 9,122 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 310309 9,069 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 310125 8,930 RECREATION SUPPLY CO Operating Supplies Beaches 1036266 8,430 BRAUN INTERTEC CORPORATION Contract Svcs - Asphalt/Concr.City Center - CAM 10517 8,405 BPAS HRA Health and Benefits 1036276 8,372 BIFFS INC Waste Disposal Various Funds 309901 8,117 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 310264 8,076 NAC Building Repair & Maint.Utility Operations - General 310359 8,074 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1036251 7,986 MENARDS Repair & Maint. Supplies Various Funds 310019 7,916 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 310107 7,766 MILLERBERND MANUFACTURING COMPANY Improvement Contracts Transportation Fund 310392 7,668 CORE & MAIN Repair & Maint. Supplies Water Distribution 309952 7,667 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 309940 7,645 CORE & MAIN Repair & Maint. Supplies Park Maintenance 10520 7,553 CHASE Bank and Service Charges Various Funds 310380 7,379 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating 310089 7,292 GRAYMONT Treatment Chemicals Water Treatment 310247 7,275 HYDROCORP Improvement Contracts Water Enterprise Fund 1036200 7,269 SITEONE LANDSCAPE SUPPLY, LLC Chemicals Park Maintenance 1036408 7,256 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center 310003 7,236 VALLEY RICH CO INC Equipment Repair & Maint Wastewater Lift Station 1036149 7,205 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Wastewater Capital 310417 7,190 MARTIN MARIETTA MATERIALS Pavement Rehab Water Distribution 1036415 7,184 STREICHERS Clothing & Uniforms Police Sworn 310216 7,173 BIRCH ENERGY Motor Fuels Fleet Operating 310124 7,120 RAY N WELTER HEATING Other Contracted Services Rehab 310317 7,061 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 309910 7,025 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 310346 6,985 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 310192 6,976 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 310171 6,924 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 310116 6,871 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance 310182 6,718 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 310448 6,718 THE JAMAR COMPANY Contract Svcs - Roof Fire Station #2 310245 6,700 HINTERLAND CSG LLC Electric Facilities Operating ISF 1036334 6,619 HANSEN THORP PELLINEN OLSON Improvement Contracts Streets Pavement 310445 6,550 TECH SALES CO Equipment Repair & Maint Water Treatment 309874 6,509 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 310150 6,503 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1036272 6,400 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance 10518 6,354 HEALTHPARTNERS Dental Insurance Dental Insurance 310220 6,354 BPAS Dental Insurance Dental Insurance 310071 6,301 CITYGATE ASSOCIATES LLC Other Contracted Services Capital Maint. & Reinvestment 310194 6,205 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 310024 6,076 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 310390 6,000 CITY OF EDEN PRAIRIE Other Contracted Services Fencing Consortium 310114 5,990 PALADIN TECHNOLOGIES Contract Svcs - Security Facilities Staff 310352 5,877 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3099955,847 STERNBERG LIGHTING Equipment Repair & Maint Street Lighting 310030 5,780 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1036399 5,767 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 310281 5,700 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 310076 5,684 CORE & MAIN Repair & Maint. Supplies Park Maintenance 1036418 5,657 XCEL ENERGY Electric Various Funds 309982 5,640 PRECISION UTILITIES Equipment Repair & Maint Water Distribution 310333 5,484 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1036346 5,481 REINDERS INC Chemicals Park Maintenance 309947 5,350 ELLIE MULTIFAMILY PROPERTY LLC Deposits General Fund 10554 5,308 HEALTHPARTNERS Dental Insurance Dental Insurance 310408 5,270 INNOVATIVE GRAPHICS Clothing & Uniforms Teen Programs 10531 5,269 HEALTHPARTNERS Dental Insurance Dental Insurance 310011 5,265 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 310044 5,225 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1036163 5,217 ITRON INC.Maintenance Contracts Water Metering 1036335 5,215 HAWKINS INC Treatment Chemicals Water Treatment 1036160 5,168 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 310102 5,148 MARTIN MARIETTA MATERIALS Waste Blacktop/Concrete Wasterwater Collection 309887 5,113 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 310205 5,107 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 310363 5,050 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 310115 4,979 PFM ASSET MANAGEMENT LLC Interest Investment Fund 310405 4,925 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Police Sworn 310268 4,806 PFM ASSET MANAGEMENT LLC Interest Investment Fund 310201 4,760 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 310282 4,735 SSI KEF SLB LLC Electric Water Treatment 310162 4,707 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 310007 4,702 WM CORPORATE SERVICES INC Waste Disposal Various Funds 309936 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 310329 4,594 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 310350 4,553 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1036366 4,542 BRAUN INTERTEC CORPORATION Contract Svcs - Asphalt/Concr.Maintenance Facility 310454 4,528 VAN PAPER COMPANY Cleaning Supplies Various Funds 310295 4,521 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital 310233 4,500 D TAILS CONSTRUCTION SERVICE INC Other Contracted Services Rehab 309953 4,468 HEALTHPARTNERS Wages and Benefits MM 494 Corridor Commission 309946 4,450 DUNSMORE ASPHALT INC Other Contracted Services Rehab 309966 4,418 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 310383 4,402 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Various Funds 310085 4,400 EXPRESSIVE!Other Contracted Services Organizational Services 310168 4,393 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 310334 4,388 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 310141 4,328 VAN PAPER COMPANY Operating Supplies Various Funds 1036211 4,289 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof General Community Center 309948 4,267 FENDLER PATTERSON CONSTRUCTION Deposits Water Enterprise Fund 309996 4,245 STONE VALLEY PAINTING Deposits Water Enterprise Fund 309958 4,155 IMPACT PROVEN SOLUTIONS Other Contracted Services Various Funds 310111 4,150 MN MECHANICAL SOLUTIONS INC Equipment Repair & Maint Water Treatment 1036403 4,126 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments3104184,000 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 309908 3,993 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 310432 3,955 PROP Other Contracted Services CDBG - Public Service 310105 3,945 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 309898 3,929 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 309861 3,928 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1036258 3,912 WM MUELLER AND SONS INC Gravel Stormwater Collection 310152 3,878 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1036219 3,808 ZIEGLER INC Equipment Parts Fleet Operating 309941 3,780 DAKOTA WOOD - GRINDING INC Sweeping Stormwater Non-Capital 1036253 3,723 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1036388 3,671 ANCHOR PAPER COMPANY Office Supplies Customer Service 309886 3,648 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 310225 3,638 CEMSTONE PRODUCTS COMPANY Building Materials Streets Pavement 310384 3,604 CAMFIL USA INC Supplies - HVAC City Center - CAM 309993 3,547 STATE OF MINNESOTA Autos Fleet Capital 309994 3,510 STATE OF MINNESOTA Autos Fleet Capital 310028 3,446 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 10527 3,425 INVOICE CLOUD INC Bank and Service Charges Various Funds 310013 3,398 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 310069 3,358 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 1036232 3,348 EICHMAN NATHAN Canine Supplies Police Sworn 310101 3,333 LOCKRIDGE GRINDAL NAUEN PLLP Legal Transportation Fund 310378 3,300 AUDIOQUIP INC Other Rentals Summer Theatre 1036169 3,300 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 1036412 3,300 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 309882 3,249 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1036395 3,215 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 310344 3,208 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 310444 3,199 SUREFITTERS Autos Fleet - Public Works 310001 3,197 THE PEMTOM LAND COMPANY Reimburse-legal notices General Fund 1036407 3,193 POMP'S TIRE SERVICE INC Tires Fleet Operating 1036341 3,188 METRO SALES INCORPORATED*Equipment Rentals IT Operating 1036217 3,182 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 1036349 3,165 WM MUELLER AND SONS INC Gravel Stormwater Collection 310037 3,161 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1036289 3,132 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment 310257 3,127 MANSFIELD OIL COMPANY Repair & Maint. Supplies Water Treatment 309912 3,111 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1036287 3,110 MENARDS Supplies - Plumbing City Hall (City Cost) 310450 3,107 TNC INDUSTRIES INC Supplies - Electrical Maintenance Facility 309992 3,093 STATE OF MINNESOTA Autos Fleet Capital 309929 3,090 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 309865 3,090 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 309981 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 310012 2,918 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 309921 2,916 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 10566 2,896 HEALTHPARTNERS Dental Insurance Dental Insurance 1036216 2,885 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #3 310054 2,883 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments3099872,795 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 1036209 2,760 METRO SALES INCORPORATED*Equipment Rentals IT Operating 310193 2,756 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 310103 2,639 MEDICINE LAKE TOURS Special Event Fees Trips 310136 2,615 THE ADVENT GROUP Temp 494 Corridor Commission 1036212 2,589 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating 310311 2,538 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 310286 2,487 THE ADVENT GROUP Temp 494 Corridor Commission 310447 2,481 THE ADVENT GROUP Temp 494 Corridor Commission 1036282 2,480 GENUINE PARTS COMPANY Signs City Center - CAM 310161 2,475 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 310176 2,455 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 309918 2,434 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 310258 2,413 MARTIN MARIETTA MATERIALS Waste Blacktop/Concrete Wasterwater Collection 310061 2,402 AMERICAN KARATE STUDIO INC Instructor Service Recreational Sports 1036206 2,375 FORCE AMERICA Equipment Parts Fleet Operating 1036363 2,363 AMERICAN ENGINEERING TESTING INC Design & Engineering CIP Trails 10546 2,354 WEX FSA - Medical Health and Benefits 310338 2,314 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 309978 2,307 PERA Wages and Benefits MM 494 Corridor Commission 310428 2,307 PERA Wages and Benefits KT 494 Corridor Commission 309945 2,299 DOLAN TOM Repair & Maint. Supplies Water Distribution 310242 2,298 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 309937 2,282 CEMSTONE PRODUCTS COMPANY Pavement Rehab Water Distribution 310259 2,250 MARTIN-MCALLISTER Employment Support Test Organizational Services 310382 2,250 BKV GROUP Capital Under $25,000 Maintenance Facility 310023 2,235 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1036370 2,235 EGAN-MCKAY ELECTRICAL CONTRACTORS INC.Improvement Contracts Transportation Fund 309897 2,202 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 310198 2,181 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 310294 2,175 WILSONS NURSERY INC Landscape Materials/Supp Street Maintenance 1036180 2,168 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 310045 2,148 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 310031 2,120 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 310302 2,115 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues & Subscriptions Fire 309871 2,051 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 310166 2,042 WINEBOW Liquor Product Received Prairie Village Liquor Store 310156 2,036 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1036314 2,029 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 310315 2,009 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 310298 2,000 NESS MICHAEL Other Contracted Services Staring Lake Concert 310301 2,000 VELLINE ROBERT Other Contracted Services Staring Lake Concert 1036327 2,000 BIFFS INC Other Contracted Services Park Maintenance 310321 1,957 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1036293 1,942 WM MUELLER AND SONS INC Patching Asphalt Wasterwater Collection 310398 1,928 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1036332 1,920 GRAINGER Supplies - Electrical General Community Center 309944 1,919 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1036311 1,918 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 1036199 1,916 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments10361981,914 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery 1036382 1,914 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery 310353 1,908 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1036261 1,896 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 309892 1,893 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 310423 1,875 MOVEFWD INC Other Contracted Services Housing and Community Service 310127 1,858 SCHMIDT CRAIG Reimburse-legal notices General Fund 310250 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 310394 1,837 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 310285 1,836 TGA OF CENTRAL HENNEPIN COUNTY Instructor Service Recreational Sports 310108 1,827 MINNESOTA FIRE SERVICE CERTIFICATION BOA Reimbursable Training Fire 309964 1,822 KOIVISTO TRUCKING Repair & Maint. Supplies Water Treatment 310402 1,818 HANSON SPORTS LLC Instructor Service Recreational Sports 310144 1,815 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance 309870 1,800 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 310129 1,800 SCOTT NELSON COACHING INC Reimbursable Training Fire 310307 1,798 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1036292 1,795 WALL TRENDS INC Contract Svcs - General Bldg Den Bldg. - CAM 1036151 1,792 CDW GOVERNMENT INC.Computers IT Operating 310446 1,782 TGA OF CENTRAL HENNEPIN COUNTY Instructor Service Recreational Sports 1036249 1,780 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 310438 1,763 SAFELITE FULFILLMENT INC Equipment Repair & Maint Fleet Operating 310252 1,758 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 310427 1,751 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Arts Center 310310 1,749 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 10560 1,749 WEX FSA - Dependent Care Health and Benefits 309872 1,721 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1036397 1,714 GRAINGER Repair & Maint. Supplies Police (City Cost) 309949 1,707 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 309979 1,700 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 310270 1,682 PROP Other Contracted Services CDBG - Public Service 309904 1,675 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1036157 1,675 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 310034 1,669 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1036417 1,652 WALL TRENDS INC Contract Svcs - General Bldg General Community Center 310066 1,648 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #4 10515 1,622 FIDELITY SECURITY LIFE INSURANCE CO Insurance Health and Benefits 1036402 1,616 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 1036168 1,614 REINDERS INC Chemicals Park Maintenance 310343 1,592 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 310096 1,589 KIESLER POLICE SUPPLY INC.Clothing & Uniforms Police Sworn 310151 1,586 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 309970 1,577 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement 310377 1,574 ASSURED SECURITY Supplies - General Bldg General Community Center 1036188 1,528 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1036236 1,526 KORAS, JORDAN Travel Expense Police Sworn 1036303 1,525 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1036319 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 309891 1,520 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store 309927 1,512 M-R SIGN CO INC Signs Traffic Signs Check #Amount Supplier / Explanation Account Description Business Unit Comments10361591,509 GRAINGER Supplies - General Bldg Water Treatment 1036394 1,499 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 310106 1,498 MIDWEST PLAYSCAPES Repair & Maint. Supplies Edenvale Park 310399 1,485 GLACIAL RIDGE GROWERS Landscape Materials/Supp Park Acquisition & Development 310058 1,480 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 309911 1,471 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 310000 1,462 THE ADVENT GROUP Temp 494 Corridor Commission 310042 1,447 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 310236 1,443 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1036250 1,440 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 309976 1,415 NAC Contract Svcs - Plumbing Den Bldg. - CAM 310254 1,415 JOHNSTONE SUPPLY Supplies - General Bldg City Hall (City Cost) 310067 1,374 CAMFIL USA INC Supplies - HVAC City Center - CAM 1036286 1,374 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Treatment 309915 1,371 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 309863 1,360 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 310118 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 309879 1,344 WINEBOW Liquor Product Received Prairie Village Liquor Store 310357 1,344 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 310219 1,343 BOUND TREE MEDICAL LLC EMS Supplies Fire 309864 1,343 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 310190 1,322 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1036245 1,307 ELECTRIC PUMP Repair & Maint. Supplies Wastewater Lift Station 309893 1,304 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 310078 1,300 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery 310135 1,298 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1036313 1,285 FASTENAL COMPANY Operating Supplies Fleet Operating 1036177 1,280 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 310261 1,270 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 310040 1,269 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1036184 1,269 ANDREWS, JOHN Travel Expense Police Sworn 1036406 1,265 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #4 310393 1,257 DISPLAY SALES Repair & Maint. Supplies Purgatory Creek Park 310217 1,255 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 1036259 1,254 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1036336 1,252 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Treatment 310049 1,246 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1036359 1,234 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1036377 1,230 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 309878 1,224 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 310386 1,221 CENTURYLINK Telephone City Center - CAM 310033 1,218 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 309905 1,212 WINEBOW Liquor Product Received Den Road Liquor Store 310010 1,212 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309957 1,200 ICMA Dues & Subscriptions Administration 309984 1,200 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Special Events Admin 310086 1,200 FENTON JOHN & KAREN Cemetery Lot Maint. 20%Pleasant Hill Cemetery 309917 1,197 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1036208 1,193 MENARDS Equipment Repair & Maint Various Funds 310211 1,186 AIRGAS USA LLC Contract Svcs - Pool Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments3101491,186 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 310303 1,184 ZOLL MEDICAL CORPORATION EMS Supplies Fire 310017 1,174 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 310025 1,159 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1036305 1,156 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 310354 1,156 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 310406 1,151 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Various Funds 310348 1,147 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 10525 1,145 AMERICAN EXPRESS Bank and Service Charges Various Funds 309900 1,143 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 310397 1,141 FIRE SAFETY USA INC Equipment Parts Fleet Operating 310181 1,130 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1036358 1,113 VINOCOPIA Liquor Product Received Den Road Liquor Store 309932 1,112 ASPEN MILLS Clothing & Uniforms Fire 310004 1,110 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility 1036340 1,107 MENARDS Repair & Maint. Supplies Various Funds 310212 1,100 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection 310429 1,090 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire 309903 1,087 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 310433 1,082 PROP Other Contracted Services CDBG - Public Service 310097 1,070 KNOX COMPANY Machinery & Equipment Capital Maint. & Reinvestment 309969 1,042 MARCO INC Hardware - R&M IT Operating 310373 1,037 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Pool Maintenance 1036405 1,033 MTI DISTRIBUTING INC Equipment Parts Park Maintenance 1036279 1,033 CDW GOVERNMENT INC.Computers IT Operating 1036371 1,023 EICHMAN NATHAN Canine Supplies Police Sworn 310409 1,013 JOHNSON CONTROLS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM 310388 1,010 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 310278 1,000 SHIRAZI ELHAM Conference/Prof. Dev.494 Corridor Commission 310335 994 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1036224 982 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 309954 966 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 309924 955 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 309888 953 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1036275 950 ROTO-ROOTER Contract Svcs - Plumbing City Center - CAM 310320 947 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 310385 940 CEMSTONE PRODUCTS COMPANY Pavement Rehab Stormwater Collection 10569 938 WEX Other Contracted Services Health and Benefits 310133 935 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 310431 926 PITNEY BOWES Postage Customer Service 1036263 913 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 309986 910 SEITZ BOB Other Contracted Services Capital Maint. & Reinvestment 1036241 900 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 310047 898 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store 1036260 894 VINOCOPIA Liquor Product Received Den Road Liquor Store 10522 881 WEX FSA - Dependent Care Health and Benefits 310341 878 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 310243 867 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 310389 867 CINTAS CORPORATION Safety Supplies Community Center Admin 309876 866 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments310112864 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Recreational Sports 1036401 863 MENARDS Cleaning Supplies City Hall (City Cost) 1036393 857 DAKOTA SUPPLY GROUP INC Operating Supplies Round Lake 10540 856 UKG INC Garnishment Withheld Health and Benefits 10580 856 UKG INC Garnishment Withheld Health and Benefits 1036162 852 INTERSTATE POWER SYSTEMS INC Repair & Maint. Supplies Water Treatment 310244 850 HENNEPIN HEALTHCARE Tuition Reimbursement/School Police Sworn 310337 843 DOMACE VINO LLC Liquor Product Received Den Road Liquor Store 310100 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn 310277 824 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 310063 815 BCM ONE Telephone IT Operating 310173 810 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1036213 804 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters 309977 797 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 310022 793 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 310121 791 PRINCIPAL FINANCIAL GROUP Wages and Benefits MM 494 Corridor Commission 310347 788 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 309867 786 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 10584 784 UKG INC Garnishment Withheld Health and Benefits 1036148 770 VIK, LISA Tuition Reimbursement/School Police Sworn 310451 760 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC Pool Maintenance 1036170 756 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Repair & Maint. Supplies Staring Lake 310143 754 WARNING LITES Equipment Repair & Maint Water Distribution 309931 750 ALLENS SERVICE Reimbursable Training Fire 10564 742 WEX FSA - Medical Health and Benefits 1036300 738 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 310065 733 BRO-TEX INC Operating Supplies Fleet Operating 1036239 731 OLSEN CHAIN & CABLE Equipment Parts Utility Operations - General 310048 728 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 310093 725 HLS OUTDOOR Chemicals Park Maintenance 1036410 717 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 309971 715 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund 1036183 715 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1036390 713 BOYER TRUCKS Equipment Parts Fleet Operating 1036360 706 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1036203 700 BOYER TRUCKS Equipment Parts Fleet Operating 310122 692 PROPIO LS LLC Other Contracted Services Police Sworn 310318 691 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1036182 688 VINOCOPIA Liquor Product Received Prairie View Liquor Store 310439 688 SIGN SOLUTIONS USA Signs Park Maintenance 310139 680 URBAN LAND INSTITUTE Dues & Subscriptions Community Development Admin. 310032 666 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 310160 664 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 10526 661 WEX FSA - Medical Health and Benefits 310195 661 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 310165 654 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 309956 633 HIGHWAY 5 BP Motor Fuels Fleet Operating 1036409 632 SHERWIN WILLIAMS Operating Supplies Street Lighting 309930 630 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 309962 627 JOHNSTONE SUPPLY Supplies - HVAC Park Shelters Check #Amount Supplier / Explanation Account Description Business Unit Comments1036391620 CDW GOVERNMENT INC.Computers - Hardware Police Sworn 1036380 617 NARAYANAN PG Travel Expense City Council 1036243 612 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 1036326 612 ASPEN WASTE SYSTEMS INC.Waste Disposal Water Treatment 309985 610 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing Maintenance Facility 310099 610 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn 1036247 610 GOVERNMENT FINANCE OFFICERS ASSN Awards Finance 310413 606 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 310273 605 SAFELITE FULFILLMENT INC Equipment Repair & Maint Fleet Operating 310368 604 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1036297 603 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 310177 600 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 310215 600 BIANCHINI DANIELA Other Contracted Services Arts 310222 600 CALDERON JOSE Other Contracted Services Arts 310306 600 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services July 4th Celebration 310339 600 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 310375 599 APPLIANCE OUTLET CENTER Supplies - General Bldg City Center - CAM 10521 599 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration 310342 596 MEGA BEER Liquor Product Received Den Road Liquor Store 1036207 596 GRAINGER Cleaning Supplies Utility Operations - General 309883 593 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 1036378 591 METROPOLITAN FORD Equipment Parts Fleet Operating 1036237 591 METROPOLITAN FORD Equipment Parts Fleet Operating 1036284 590 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 310200 587 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 310305 586 UNITED STATES TREASURY Health Insurance Health and Benefits 1036309 582 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 310414 575 LAWSON PRODUCTS INC Repair & Maint. Supplies Fleet Operating 310104 564 MHSRC/DDP Other Contracted Services Senior Center Programs 310356 561 DOMACE VINO LLC Liquor Product Received Prairie View Liquor Store 310207 556 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 310316 555 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1036167 554 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Ice Arena Maintenance 310036 550 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 309991 550 STAPLES ADVANTAGE Office Supplies Customer Service 1036201 543 THE OASIS GROUP Employee Assistance Organizational Services 1036383 543 THE OASIS GROUP Employee Assistance Organizational Services 309866 539 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1036235 535 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment 1036165 535 MENARDS Supplies - HVAC Park Maintenance 310290 530 VAN PAPER COMPANY Cleaning Supplies General Community Center 10578 528 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds 310422 525 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds 1036161 517 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs - Pool Pool Maintenance 1036322 510 SCHNEIDER BENJAMIN Conference/Training Planning 10537 508 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 10571 500 WEX FSA - Dependent Care Health and Benefits 310355 500 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1036233 495 GUNNAR ELECTRIC CO INC Equipment Repair & Maint Traffic Signals 1036285 495 IDEAL SERVICE INC Equipment Repair & Maint Water Supply (Wells) Check #Amount Supplier / Explanation Account Description Business Unit Comments310016490 FAT PANTS BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 310325 488 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 1036369 484 CUSTOM HOSE TECH Operating Supplies Fleet Operating 10552 482 US BANK - PAYMODE Bank and Service Charges Finance 310362 477 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 310179 476 MEGA BEER Liquor Product Received Den Road Liquor Store 310424 475 NATIVE RESOURCE PRESERVATION Other Contracted Services Stormwater Non-Capital 309951 473 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1036176 470 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 310084 467 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Capital 310412 467 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1036215 465 STREICHERS Clothing & Uniforms Police Sworn 310053 464 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 309889 458 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 310164 454 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 310403 452 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 10532 450 WEX HSA - Employer Health and Benefits 310452 450 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 1036192 448 INNOVATIVE OFFICE SOLUTIONS Supplies - General Bldg General Community Center 310046 434 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1036174 428 XCEL ENERGY Electric Various Funds 310426 426 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 309955 425 HENNEPIN COUNTY FIRE CHIEF ASSOC Reimbursable Training Fire 310092 425 HENNEPIN COUNTY LEAD ABATEMENT Other Contracted Services Rehab 1036210 425 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 310267 424 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1036367 421 CARLSTON, BRANDON Canine Supplies Police Sworn 10568 420 BPAS HRA Health and Benefits 310153 409 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1036376 408 KARTAK STEPHEN Mileage & Parking Inspections-Administration 310327 401 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1036338 401 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 1036288 398 METRO SALES INCORPORATED*Equipment Rentals IT Operating 310434 396 QUALITY REFRIGERATION Equipment Repair & Maint Concessions 1036240 394 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 310256 392 LAUINGER RACHEL P&R Refunds Community Center Admin 1036248 388 GRAINGER Supplies - General Bldg Den Bldg. - CAM 310210 385 M-R SIGN CO INC Signs Park Maintenance 310087 384 FIRE SAFETY USA INC Operating Supplies Fire 309880 382 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 310189 382 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 309959 380 INDELCO PLASTICS CORP Equipment Repair & Maint Park Maintenance 309923 378 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store 1036416 375 W W GOETSCH ASSOCIATES INC Equipment Repair & Maint Water Supply (Wells) 1036190 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1036316 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 310312 366 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 309884 366 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 309913 365 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 310336 365 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments310376362 ASPEN MILLS Clothing & Uniforms Fire 309965 360 LANO EQUIPMENT INC Equipment Parts Fleet Operating 309862 355 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 309909 355 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store 309919 354 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036150 353 BIFFS INC Waste Disposal Park Maintenance 1036362 348 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1036411 346 SPS COMPANIES Supplies - Plumbing Park Shelters 1036153 345 CITI-CARGO & STORAGE CO, INC Other Rentals Theatre Initiative 10570 345 WEX FSA - Medical Health and Benefits 310289 344 TRUDEAU LAURA P&R Refunds Community Center Admin 1036255 337 REINDERS INC Chemicals Park Maintenance 1036345 337 PREMIUM WATERS INC Operating Supplies Fire 310374 327 APPLE FORD SHAKOPEE Repair & Maint. Supplies Fleet Operating 310132 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire 310283 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire 309967 325 LEIFELD FRAMING Other Contracted Services Police Sworn 1036220 325 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 310345 324 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 1036264 319 BARNUM GATE SERVICES INC Equipment Repair & Maint Water Treatment 1036381 318 NELSEN JOHN Mileage & Parking Inspections-Administration 1036164 316 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 10576 311 WEX FSA - Medical Health and Benefits 310360 310 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store 1036189 310 DAILEY DATA & ASSOCIATES Equipment Repair & Maint Den Road Liquor Store 310226 309 CENTURYLINK Telephone E-911 Program 310365 307 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1036307 306 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1036355 306 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1036357 305 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 309873 302 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1036156 302 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1036229 302 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 309990 300 STALWICK JESSIE P&R Refunds Community Center Admin 1036317 300 GREGOIRE, DAVID Other Contracted Services Communications 310183 297 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 310271 296 PROP - PR Charitable Contributions Health and Benefits 1036226 296 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 310060 294 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance 10512 292 WEX FSA - Medical Health and Benefits 309925 292 WINEBOW Liquor Product Received Prairie View Liquor Store 1036252 291 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 310328 290 WINEBOW Liquor Product Received Prairie Village Liquor Store 310349 290 WINEBOW Liquor Product Received Den Road Liquor Store 1036331 289 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 310208 285 WINEBOW Liquor Product Received Prairie View Liquor Store 310455 284 VESTIS SERVICES LLC Janitor Service Den Road Liquor Store 310014 284 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 309896 282 MEGA BEER Liquor Product Received Den Road Liquor Store 310026 281 WINEBOW Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments310169280 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 310369 279 WINEBOW Liquor Product Received Prairie View Liquor Store 310367 274 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1036350 274 XCEL ENERGY Electric Various Funds 1036351 273 CENTERPOINT ENERGY Gas Various Funds 1036298 272 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 310197 270 DOMACE VINO LLC Liquor Product Received Prairie View Liquor Store 310387 269 CENTURYLINK Telephone Various Funds 1036155 268 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 10555 265 VANCO SERVICES Bank and Service Charges Various Funds 310180 264 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1036225 264 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 310167 263 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 310407 258 INDIGO SIGNWORKS, INC.Operating Supplies Special Events (CC) 310196 256 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store 310313 256 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 310079 256 DELTA DENTAL Wages and Benefits MM 494 Corridor Commission 1036301 255 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 310240 250 GAS TANK RENU OF MINNESOTA Repair & Maint. Supplies Homeward Hills Park 310184 248 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 310223 248 CAMPBELL KNUTSON, P.A.Legal WAFTA 310238 245 FIRE SAFETY USA INC Equipment Parts Fleet Operating 309943 245 DIRECTV Cable TV Various Funds 310370 242 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 310361 242 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1036222 241 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1036306 241 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 310203 240 RISE RIGHT LLC Liquor Product Received Prairie View Liquor Store 310443 239 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 310185 237 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store 310052 235 MILK AND HONEY CIDERS Liquor Product Received Prairie View Liquor Store 310188 231 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 310288 229 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1036179 229 VINOCOPIA Liquor Product Received Den Road Liquor Store 310435 224 RICHFIELD PRINTING INC Office Supplies Customer Service 1036364 223 BERRY COFFEE COMPANY Merchandise for Resale Concessions 310157 221 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 310331 220 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 1036166 220 METRO SALES INCORPORATED*Printers -Accessories IT Operating 310304 219 ZUMBRO TOOLS Small Tools Fleet Operating 10577 219 WEX HSA - Employee Health and Benefits 1036400 217 JANEX INC Cleaning Supplies Utility Operations - General 310239 216 FREEZIAC Merchandise for Resale Concessions 1036178 214 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 309868 213 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store 310441 213 STAPLES ADVANTAGE Office Supplies Customer Service 310094 213 J H LARSON COMPANY Operating Supplies Park Maintenance 310159 211 MEGA BEER Liquor Product Received Prairie Village Liquor Store 310191 210 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store 1036368 210 CASE, RON Travel Expense City Council Check #Amount Supplier / Explanation Account Description Business Unit Comments1036373210 FREIBERG MARK Travel Expense City Council 1036374 210 GETSCHOW, RICK Travel Expense Administration 1036385 210 TOOMEY LISA Travel Expense City Council 1036202 208 WILSON, TAMMY Travel Expense Finance 310291 207 VESTIS SERVICES LLC Janitor Service Prairie View Liquor Store 310021 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 310449 207 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 310364 206 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 309914 204 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store 310050 204 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1036262 202 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1036191 202 HIRSHFIELD'S Repair & Maint. Supplies Water Treatment 1036171 200 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1036299 198 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 309926 197 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 310174 196 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store 10575 196 WEX FSA - Medical Health and Benefits 1036246 193 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 309968 192 LIBERTY TIRE RECYCLING - MN Tires Fleet Operating 310057 192 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 310209 191 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 10524 191 WEX FSA - Medical Health and Benefits 1036194 188 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 10548 185 OPTUM HEALTH Other Contracted Services Health and Benefits 1036361 184 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1036302 181 VINOCOPIA Liquor Product Received Den Road Liquor Store 310229 180 COMCAST Cable TV Fire 309939 180 CHARGEPOINT Operating Supplies Fleet Operating 310296 180 CENTURYLINK Internet IT Operating 10544 179 WEX FSA - Medical Health and Benefits 1036185 175 ARPIN, TONJA Tuition Reimbursement/School Fitness Classes 1036205 174 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 310319 174 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 1036308 171 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1036392 170 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre 310213 169 ASPEN MILLS Postage Fire 1036280 168 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 310137 167 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 310134 166 STAPLES ADVANTAGE Office Supplies Customer Service 310358 166 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 310117 166 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire 310326 162 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1036310 162 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment 1036230 161 CONCRETE CUTTING AND CORING Equipment Parts Street Maintenance 310263 160 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 310314 159 DOMACE VINO LLC Liquor Product Received Prairie Village Liquor Store 1036356 159 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 310006 158 VESTIS SERVICES LLC Janitor Service Den Road Liquor Store 1036204 154 CDW GOVERNMENT INC.Computer -Accessories IT Operating 1036375 154 INNOVATIVE OFFICE SOLUTIONS Cleaning Supplies General Community Center Check #Amount Supplier / Explanation Account Description Business Unit Comments1036413154 STATE SUPPLY COMPANY Supplies - Plumbing City Center - CAM 310015 152 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store 1036389 152 BIFFS INC Operating Supplies Safety Camp 1036270 151 LAKELAND ENGINEERING EQUIP CO Repair & Maint. Supplies Round Lake 310088 150 GENESIS JAZZ ORCHESTRA Other Contracted Services Special Events Admin 310145 150 WITTRY BETH Other Contracted Services Fitness Classes 310249 150 INDIGO SIGNWORKS, INC.Printing Arts 310372 150 ACME JAZZ COMPANY Other Contracted Services Special Events Admin 310381 150 BEND IN THE RIVER BIG BAND Other Contracted Services Special Events Admin 310400 150 GOOD NEWS BIG BAND Other Contracted Services Special Events Admin 310411 150 JUST FRIENDS BIG BAND Other Contracted Services Special Events Admin 310436 150 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Special Events Admin 1036320 150 MPX GROUP, THE Printing Police Sworn 1036348 150 USA SECURITY Maintenance Contracts Water Treatment 309890 147 DOMACE VINO LLC Liquor Product Received Den Road Liquor Store 309895 147 LIBATION PROJECT Liquor Product Received Den Road Liquor Store 310020 147 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store 310202 147 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1036242 145 TOLL GAS AND WELDING SUPPLY Equipment Parts Street Maintenance 310163 145 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 310351 144 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1036304 144 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 310140 143 US POSTMASTER - HOPKINS Postage Senior Center Admin 10563 142 WEX FSA - Medical Health and Benefits 310308 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store 310330 140 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store 1036254 140 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #1 1036175 139 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 309922 139 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 310002 139 TWIN CITIES FLAG SOURCE, INC Supplies - General Bldg City Hall (City Cost) 310324 136 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 10547 136 WEX FSA - Medical Health and Benefits 310077 135 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 310322 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store 310070 135 CENTURYLINK Internet IT Operating 310421 134 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 309899 133 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1036221 132 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1036315 132 GORDHAMER SCOTT Clothing & Uniforms Police Sworn 310425 132 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 1036238 130 MINNESOTA CLAY CO. USA Operating Supplies Arts 310175 127 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store 310155 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 1036181 126 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 309906 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 310120 125 PRESNELL EDWARD M JR Other Contracted Services Senior Center Programs 1036343 125 MINNESOTA RECREATION & PARK ASSOCIATION Advertising Arts 310018 125 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1036419 123 NARAYANAN PG Travel Expense City Council 310062 122 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments1036404121 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 310009 120 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 310228 120 CINTAS CORPORATION #470 Operating Supplies Fleet Operating 310126 120 RICHFIELD PRINTING INC Office Supplies Customer Service 1036372 120 ELLIS, ROBERT Mileage & Parking Engineering 310075 119 COMCAST Telephone E-911 Program 309988 118 SHRED RIGHT Waste Disposal City Hall (City Cost) 310204 118 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 310456 118 ZUMBRO TOOLS Small Tools Fleet Operating 310083 117 EARL F ANDERSEN INC Signs Traffic Signs 310437 115 S&S WORLDWIDE INC Operating Supplies Youth Programs Admin 1036214 114 STERICYCLE INC Other Contracted Services Police Sworn 1036414 114 STERICYCLE INC Other Contracted Services Police Sworn 309920 113 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1036296 112 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1036337 112 JANEX INC Cleaning Supplies General Community Center 1036223 111 VINOCOPIA Liquor Product Received Den Road Liquor Store 10557 109 WEX FSA - Medical Health and Benefits 310416 108 MARTH JENNIFER Tuition Reimbursement/School Fitness Classes 310039 105 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 310056 105 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 310206 105 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1036312 104 CLAREY'S SAFETY EQUIPMENT Contract Svcs - Fire/Life/Safe City Hall (City Cost) 309875 103 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1036187 103 CARLSTON, BRANDON Canine Supplies Police Sworn 310073 103 COMCAST Cable TV Fire 310248 102 INDELCO PLASTICS CORP Repair & Maint. Supplies Round Lake 310262 101 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance 10514 100 PAYA Bank and Service Charges Theatre Initiative 1036328 99 CDW GOVERNMENT INC.Computers IT Operating 309963 97 KNUDTSON CHRIS P&R Refunds Community Center Admin 310255 97 KNUDTSON CHRIS P&R Refunds Community Center Admin 309902 97 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 310187 97 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 310221 96 BURTON HEATHER P&R Refunds Community Center Admin 10533 93 WEX FSA - Medical Health and Benefits 1036228 91 CARLSTON, BRANDON Canine Supplies Police Sworn 1036173 90 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 310027 90 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 310041 90 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 310227 90 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits 310113 89 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities 309877 88 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store 310142 88 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store 309938 87 CENTURYLINK Telephone IT Operating 310284 87 TALKPOINT TECHNOLOGIES INC Equipment Parts E-911 Program 10572 84 WEX FSA - Medical Health and Benefits 10559 84 WEX FSA - Medical Health and Benefits 310138 84 TWIN CITIES FLAG SOURCE, INC Repair & Maint. Supplies Purgatory Creek Park 1036257 84 UPS Postage Human Resources Check #Amount Supplier / Explanation Account Description Business Unit Comments31015483 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 10528 83 WEX FSA - Medical Health and Benefits 10551 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 10573 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 309942 82 DERR, KAREN P&R Refunds Community Center Admin 310293 80 WEBER JAMIE P&R Refunds Community Center Admin 1036267 80 CARLSTON, BRANDON Dues & Subscriptions Police Sworn 1036386 80 WEEDMAN, NICOLE Operating Supplies Outreach 310404 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund 310442 77 STOREY NATE Mileage & Parking Community Center Admin 1036344 76 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1036321 76 QUALITY PROPANE Motor Fuels Fleet Operating 309997 75 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1036379 75 MPX GROUP, THE Operating Supplies Fire 1036278 74 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store 310059 74 A TO Z RENTAL CENTER Repair & Maint. Supplies Fire 1036227 73 BERRY COFFEE COMPANY Merchandise for Resale Concessions 310430 72 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 310440 71 SIWEK LUMBER & MILLWORK INC Equipment Repair & Maint Street Maintenance 1036354 70 JOHNSON SEAN Mileage & Parking Tennis 1036265 69 BOHNSACK, SUE Mileage & Parking Senior Center Admin 310419 69 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General 1036274 69 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 309881 68 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 309907 68 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 310074 68 COMCAST Cable TV Fire 10549 67 WEX FSA - Medical Health and Benefits 1036269 67 FLEETPRIDE INC Equipment Parts Fleet Operating 10565 66 WEX FSA - Medical Health and Benefits 310269 66 PIPER ALEX P&R Refunds Community Center Admin 1036290 65 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Police Sworn 1036193 65 KIRCHBERG KIRA Tuition Reimbursement/School Fitness Classes 310095 61 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General 310299 60 RICHFIELD PRINTING INC Office Supplies Customer Service 1036271 59 LINDAHL, DAVID Mileage & Parking Economic Development 1036195 58 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 310297 56 COMCAST Cable TV Fire 310146 54 ZAGROBA MARY ANN P&R Refunds Community Center Admin 10567 53 WEX FSA - Medical Health and Benefits 1036197 52 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 309928 52 ACE SUPPLY COMPANY INC Supplies - Electrical City Center - CAM 310230 51 COMCAST Internet IT Operating 310128 49 SCOTT COUNTY Capital Under $25,000 Fleet - Public Works 310098 48 KORFHAGE MARGARET P&R Refunds Community Center Admin 310218 45 BLUE LINE CUSTOM GIFTS Operating Supplies Police Sworn 310275 44 SCOTT COUNTY Autos Fleet Capital 310276 44 SCOTT COUNTY Autos Fleet Capital 310410 42 JSW EMBROIDERY & TACKLE TWILL Deposits General Fund 310237 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 310274 42 SCOTT COUNTY Autos Fleet Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments30996141 JOHNSON SEAN Mileage & Parking Tennis 310064 40 BEZYAK JENNIFER P&R Refunds Community Center Admin 309935 40 BELL ANDREW Reimbursable Training Fire 1036384 40 TIMM AUSTIN Reimbursable Training Fire 310235 39 DIAMOND MOWERS INC Equipment Parts Fleet Operating 310300 38 SCHEID ELIZABETH Safety Supplies Youth Programs Admin 1036365 38 BICKLER, JILL Tuition Reimbursement/School Fitness Classes 1036342 36 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1036146 35 ROCKEY, JOSH Mileage & Parking Senior Center Admin 310391 34 COMCAST Other Contracted Services Police Sworn 309980 33 PIPER ALEX P&R Refunds Community Center Admin 1036324 26 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 309999 26 TERHUNE TREVOR Deposits General Fund 1036268 25 CUSTOM HOSE TECH Equipment Parts Fleet Operating 310379 25 AUSTIN CHARLENE Tuition Reimbursement/School Fitness Classes 1036273 25 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 1036196 24 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes 309975 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 310420 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 1036172 22 UPS Postage Police Sworn 1036323 22 SPOK, INC.Cell/Pager Plans IT Operating 1036147 21 SPOK, INC.Cell/Pager Plans IT Operating 10550 21 MONEY MOVERS INC Other Contracted Services Community Center Admin 310109 19 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 310280 19 SHRED RIGHT Waste Disposal General Community Center 10545 19 WEX FSA - Medical Health and Benefits 10558 18 WEX FSA - Medical Health and Benefits 310266 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 310110 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1036231 14 DAILEY DATA & ASSOCIATES Software/Hardware Maint.Den Road Liquor Store 1036277 12 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 1036281 12 FERRELLGAS Repair & Maint. Supplies Utility Operations - General 310080 12 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating 1036352 12 UPS Postage Police Sworn 310008 12 HALLOCK COMPANY INC Operating Supplies Purgatory Creek Park 310232 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 10523 8 WEX FSA - Medical Health and Benefits 10556 8 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 310224 7 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 310090 6 GYASI NORMA P&R Refunds Community Center Admin 310072 4 COMCAST Other Contracted Services Police Sworn 10553 4 WEX FSA - Medical Health and Benefits 310272 2 PROPIO LS LLC Operating Supplies Sustainable Eden Prairie 1036256 2 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 6,289,002 Grand Total City of Eden Prairie Purchasing Card Payment Report 7/16/2024 Amount Account Description Business Unit 9,890 Plumbing Surcharge General Fund 4,724 Miscellaneous City Council 2,850 Software/Hardware Maint.IT Operating 2,000 Conference/Training City Clerk 1,440 Special Event Fees Senior Center Programs 1,149 Conference/Training Engineering 1,080 Work In Progress Fleet Capital 1,053 Conference/Training IT Operating 916 Equipment Parts Street Maintenance 889 Tuition Reimbursement/School Police Sworn 889 Tuition Reimbursement/School Police Sworn 883 Operating Supplies Riley Lake 849 Operating Supplies Fire 849 Operating Supplies Fire 819 Bank and Service Charges Prairie View Liquor Store 737 Tuition Reimbursement/School Police Sworn 730 Conference/Training Street Maintenance 718 Capital Under $25,000 Fitness Classes 613 Operating Supplies Fire 599 Licenses, Taxes, Fees Fitness Classes 586 Equipment Parts Street Maintenance 552 Licenses, Taxes, Fees Pool Lessons 540 Autos Fleet - Police 525 Awards Communications 525 Training Supplies Police Sworn 520 Work In Progress Fleet Capital 507 Repair & Maint. Supplies Fire 499 Training Supplies Police Sworn 488 Operating Supplies Public Safety Communications 488 Tuition Reimbursement/School Police Sworn 470 Repair & Maint. Supplies Water Treatment 462 Operating Supplies Pool Lessons 460 Conference/Training Pool Operations 460 Licenses, Taxes, Fees Pool Lessons 440 Training Supplies Police Sworn 433 Special Event Fees Trips 418 Autos Fleet - Public Works 405 Building Repair & Maint.Utility Operations - General 402 Operating Supplies Outdoor Center 399 Other Contracted Services Liquor Store Delivery Amount Account Description Business Unit387Training Supplies Police Sworn 385 Conference/Training Facilities Staff 384 Small Tools Fire 381 Operating Supplies Outdoor Center 380 Operating Supplies Public Safety Communications 377 Operating Supplies Arts Center 375 Equipment Testing/Cert.Fleet Operating 374 Miscellaneous Administration 374 Training Supplies Police Sworn 366 Operating Supplies Day Care 362 Employee Award Organizational Services 360 Conference/Training Utility Operations - General 360 Conference/Training Facilities Staff 350 Conference/Training Human Resources 348 Canine Supplies Police Sworn 344 Licenses, Taxes, Fees Pool Lessons 344 Clothing & Uniforms Facilities Staff 342 Safety Supplies Youth Programs Admin 333 Operating Supplies Traffic Signs 330 Tuition Reimbursement/School Police Sworn 329 Dues & Sub-Memberships Economic Development 315 Miscellaneous Administration 315 Operating Supplies Arts Center 306 Tuition Reimbursement/School Police Sworn 301 Licenses, Taxes, Fees Pool Lessons 295 Capital Under $25,000 Utility Operations - General 295 Operating Supplies Tennis 295 Operating Supplies Fire 289 Merchandise for Resale Concessions 282 Operating Supplies Pool Lessons 271 Clothing & Uniforms Utility Operations - General 269 Operating Supplies Internal Events 267 Operating Supplies Playgrounds 266 Conference/Training Community Center Admin 266 Operating Supplies Pool Lessons 263 Operating Supplies Summer Theatre 262 Miscellaneous City Council 259 Operating Supplies Fire 258 Miscellaneous City Council 258 Licenses, Taxes, Fees Pool Lessons 258 Conference/Training Pool Lessons 256 Conference/Training Utility Operations - General 255 Operating Supplies Fire 254 Work In Progress Fleet Capital Amount Account Description Business Unit250Other Contracted Services Police Sworn 249 Miscellaneous Administration 249 Operating Supplies Fire 243 Conference/Training Pool Operations 240 Dues & Sub-Memberships Tennis 239 Operating Supplies Arts Center 234 Operating Supplies Fleet Operating 232 Operating Supplies Gymnasium (CC) 230 Licenses, Taxes, Fees Pool Lessons 230 Conference/Training Pool Operations 226 Operating Supplies Police Sworn 225 Conference/Training Human Resources 223 Clothing & Uniforms Pool Operations 220 Lime Residual Removal Water Treatment 220 Clothing & Uniforms Facilities Staff 218 Postage Fire 217 Clothing & Uniforms Pool Operations 216 Operating Supplies Police Sworn 215 Conference/Training Pool Lessons 210 Operating Supplies Playgrounds 205 Repair & Maint. Supplies Utility Operations - General 200 Miscellaneous Volunteers 200 Training Supplies Police Sworn 199 Miscellaneous Engineering 198 Tuition Reimbursement/School Police Sworn 197 Operating Supplies Police Sworn 192 Operating Supplies Police Sworn 192 Operating Supplies Prairie View Liquor Store 191 Operating Supplies Playgrounds 190 Conference/Training Fitness Classes 189 Operating Supplies Internal Events 184 Conference/Training Pool Operations 184 Operating Supplies Summer Theatre 183 Repair & Maint. Supplies Water Treatment 183 Operating Supplies Playgrounds 179 Operating Supplies Fire 179 Operating Supplies Outdoor Center 178 Operating Supplies Pool Operations 176 Operating Supplies Volunteers 175 Operating Supplies Police Sworn 167 Training Supplies Fire 162 Licenses, Taxes, Fees Pool Lessons 160 Operating Supplies Fitness Classes 160 Miscellaneous Street Maintenance Amount Account Description Business Unit154Operating Supplies Outdoor Center 152 Safety Supplies Youth Programs Admin 151 Operating Supplies Fitness Classes 150 Dues & Sub-Memberships Assessing 150 Dues & Sub-Memberships Assessing 150 Other Contracted Services Specialty Fitness Programs 150 Advertising Recreational Sports 150 Training Supplies Human Resources 147 Operating Supplies Playgrounds 145 Operating Supplies Police Sworn 139 Advertising Wine Club/Events 137 Operating Supplies Beaches 137 Operating Supplies New Adaptive 137 Operating Supplies Outdoor Center 136 Operating Supplies Arts Center 135 Conference/Training IT Operating 134 Dues & Sub-Memberships Tennis 131 Repair & Maint. Supplies Utility Operations - General 130 Miscellaneous Volunteers 129 Operating Supplies Tennis 129 Computers IT Operating 125 Dues & Sub-Memberships Assessing 124 Training Supplies Fire 124 Small Tools Street Maintenance 123 Licenses, Taxes, Fees Engineering 123 Licenses, Taxes, Fees Engineering 123 Licenses, Taxes, Fees Engineering 120 Awards Volleyball 120 Operating Supplies Tennis 114 Repair & Maint. Supplies Utility Operations - General 114 Operating Supplies Police Sworn 113 Repair & Maint. Supplies Water Treatment 112 Clothing & Uniforms Pool Operations 111 Small Tools Fire 110 Licenses, Taxes, Fees Fitness Classes 106 Repair & Maint. Supplies Water Treatment 104 Clothing & Uniforms Facilities Staff 104 Repair & Maint. Supplies Water Treatment 104 Tuition Reimbursement/School Police Sworn 103 Special Event Fees Senior Center Programs 103 Employee Award Internal Events 102 Operating Supplies Police Sworn 100 Miscellaneous Volunteers 100 Miscellaneous Volunteers Amount Account Description Business Unit100Equipment Parts Arts Center 100 Operating Supplies Arts Center 99 Tuition Reimbursement/School Police Sworn 98 Merchandise for Resale Concessions 97 Operating Supplies Outdoor Center 95 Operating Supplies Pool Operations 95 Operating Supplies Fire 91 Operating Supplies Community Center Admin 90 Licenses, Taxes, Fees Police Sworn 90 Licenses, Taxes, Fees Police Sworn 90 Licenses, Taxes, Fees Police Sworn 90 Operating Supplies Gymnasium (CC) 88 Training Supplies Arts Center 87 Operating Supplies Playgrounds 87 Software/Hardware Maint.Fire 86 Operating Supplies Arts Center 86 Operating Supplies Fitness Classes 85 Office Supplies Utility Operations - General 85 Conference/Training Finance 85 Dues & Sub-Memberships Assessing 85 Dues & Sub-Memberships Assessing 85 Licenses, Taxes, Fees Inspections-Administration 85 Operating Supplies Police Sworn 85 Deposits General Fund 84 Operating Supplies Police Sworn 83 Special Event Fees Senior Center Programs 81 Conference/Training Pool Lessons 80 Deposits General Fund 79 Training Supplies Fire 79 Dues & Sub-Memberships Youth Programs Admin 79 Operating Supplies IT Operating 77 Operating Supplies Tree Disease 76 Licenses, Taxes, Fees Pool Lessons 75 Operating Supplies Summer Theatre 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Software IT Operating Amount Account Description Business Unit75Repair & Maint. Supplies Arts Center 73 Operating Supplies IT Operating 73 Miscellaneous City Council 72 Operating Supplies Police Sworn 72 Operating Supplies Engineering 71 Training Supplies Fire 70 Repair & Maint. Supplies Wasterwater Collection 69 Operating Supplies Fire 69 Operating Supplies Park Maintenance 69 Repair & Maint. Supplies Arts Center 67 Equipment Parts Fleet Operating 67 Operating Supplies Police Sworn 65 Operating Supplies Senior Center Programs 64 Tuition Reimbursement/School Police Sworn 63 Janitor Service Den Road Liquor Store 62 Conference/Training IT Operating 61 Operating Supplies Fire 60 Special Event Fees Senior Board 60 Tuition Reimbursement/School Police Sworn 60 Advertising Theatre Initiative 60 Special Event Fees Senior Center Programs 59 Employee Award Organizational Services 59 Repair & Maint. Supplies City Hall (City Cost) 59 Repair & Maint. Supplies City Center - CAM 58 Operating Supplies Internal Events 58 Operating Supplies Arts Center 57 Equipment Repair & Maint Senior Center Programs 57 Conference/Training City Clerk 56 Operating Supplies Fitness Classes 54 Miscellaneous Parks Administration 54 Operating Supplies New Adaptive 54 Operating Supplies Summer Theatre 53 Computers IT Operating 53 Bank and Service Charges Theatre Initiative 53 Merchandise for Resale Concessions 53 Clothing & Uniforms Community Band 52 Repair & Maint. Supplies City Hall (City Cost) 52 Operating Supplies Summer Theatre 51 Miscellaneous Elections 51 Motor Fuels Fleet Operating 50 Clothing & Uniforms Facilities Staff 50 Advertising Arts 50 Operating Supplies Police Sworn 49 Operating Supplies Outdoor Center Amount Account Description Business Unit48Conference/Training Planning 48 Conference/Training Community Development Admin. 47 Operating Supplies Fitness Classes 47 Operating Supplies Arts Center 46 Special Event Fees Senior Center Programs 46 Computers Utility Operations - General 46 Operating Supplies Outdoor Center 46 Employee Award Organizational Services 45 Miscellaneous City Council 45 Miscellaneous City Council 45 Operating Supplies Playgrounds 45 Operating Supplies Tennis 45 Operating Supplies Arts Center 44 Operating Supplies City Council 43 Computers Utility Operations - General 43 Operating Supplies IT Operating 42 Operating Supplies City Council 42 Operating Supplies Arts Center 41 Operating Supplies Tree Disease 40 Miscellaneous IT Operating 40 Repair & Maint. Supplies City Hall (City Cost) 39 Operating Supplies Street Maintenance 39 Merchandise for Resale Concessions 38 Licenses, Taxes, Fees Police Sworn 38 Operating Supplies Police Sworn 38 Operating Supplies Fire 38 Operating Supplies Senior Center Programs 37 Operating Supplies Fitness Classes 37 Operating Supplies Police Sworn 37 Special Event Fees Senior Center Programs 37 Small Tools Assessing 36 Operating Supplies Outreach 36 Operating Supplies Concessions 35 Autos Fleet - Police 35 Conference/Training Finance 35 Equipment Repair & Maint Senior Center Programs 34 Operating Supplies IT Operating 33 Operating Supplies Arts Center 33 Operating Supplies New Adaptive 32 Operating Supplies IT Operating 32 Operating Supplies Police Sworn 31 Operating Supplies Arts Center 31 Operating Supplies Summer Theatre 30 Repair & Maint. Supplies Water Treatment Amount Account Description Business Unit30Dues & Sub-Memberships Communications 30 Conference/Training IT Operating 30 Conference/Training IT Operating 30 Operating Supplies Summer Theatre 30 Operating Supplies Fitness Center 30 Other Contracted Services Organizational Services 30 Conference/Training Youth Programs Admin 30 Capital Under $25,000 Engineering 30 Conference/Training IT Operating 29 Merchandise for Resale Concessions 29 Miscellaneous Administration 29 Operating Supplies Fitness Admin. 28 Repair & Maint. Supplies City Hall (City Cost) 28 Repair & Maint. Supplies Water Treatment 28 Office Supplies Police Sworn 28 Operating Supplies Youth Programs Admin 28 Training Supplies Police Sworn 28 Operating Supplies Police Sworn 28 Operating Supplies Summer Theatre 28 Operating Supplies Arts Center 28 Training Supplies Police Sworn 27 Operating Supplies Volleyball 27 Operating Supplies Tree Disease 27 Other Contracted Services Organizational Services 27 Training Supplies Police Sworn 26 Operating Supplies Police Sworn 26 Employee Award Organizational Services 25 Miscellaneous IT Operating 25 Operating Supplies Planning 25 Special Event Fees Senior Center Programs 25 Other Contracted Services Wine Club/Events 25 Operating Supplies Playgrounds 25 Conference/Training Utility Operations - General 24 Special Event Fees Senior Center Programs 24 Operating Supplies Playgrounds 24 Operating Supplies Gymnasium (CC) 23 Operating Supplies Police Sworn 23 Equipment Repair & Maint Senior Center Programs 23 Operating Supplies Fire 22 Operating Supplies Internal Events 22 Miscellaneous Administration 22 Operating Supplies Specialty Fitness Programs 22 Operating Supplies Engineering 22 Miscellaneous IT Operating Amount Account Description Business Unit21Office Supplies Elections 21 Training Supplies Police Sworn 21 Operating Supplies Arts Center 20 Operating Supplies Police Sworn 20 Dues & Sub-Memberships Police Sworn 20 Employee Award Organizational Services 19 Operating Supplies Outdoor Center 18 Special Event Fees Senior Center Programs 18 Operating Supplies Arts Center 18 Office Supplies Police Sworn 17 Other Contracted Services Organizational Services 17 Operating Supplies Fitness Classes 17 Employment Advertising Organizational Services 16 Operating Supplies Outdoor Center 16 Operating Supplies Fitness Classes 15 Operating Supplies Arts Center 15 Computers Utility Operations - General 14 Operating Supplies Volunteers 14 Operating Supplies Summer Theatre 14 Operating Supplies Summer Theatre 13 Miscellaneous Administration 13 Office Supplies Elections 13 Miscellaneous Volunteers 13 Operating Supplies Summer Theatre 13 Merchandise for Resale Concessions 12 Operating Supplies Outdoor Center 12 Operating Supplies Pool Operations 11 Janitor Service Prairie Village Liquor Store 11 Equipment Repair & Maint Senior Center Programs 11 Operating Supplies Fitness Classes 11 Operating Supplies Fire 11 Office Supplies Utility Operations - General 10 Other Contracted Services Wine Club/Events 10 Operating Supplies Summer Theatre 10 Operating Supplies Police Sworn 10 Operating Supplies IT Operating 10 Operating Supplies Volleyball 9 Operating Supplies Fitness Classes 9 Operating Supplies City Council 9 Operating Supplies Outdoor Center 9 Operating Supplies Arts Center 9 Deposits General Fund 8 Equipment Testing/Cert.Fleet Operating 8 Operating Supplies Community Center Admin Amount Account Description Business Unit6Employee Award Organizational Services 6 Operating Supplies Pool Operations 5 Training Supplies Fire 5 Employment Advertising Organizational Services 5 Operating Supplies Outdoor Center 5 Operating Supplies Tennis 4 Deposits General Fund 3 Dues & Sub-Memberships Assessing 3 Dues & Sub-Memberships Assessing 3 Dues & Sub-Memberships Assessing 2 Licenses, Taxes, Fees Police Sworn 2 Licenses, Taxes, Fees Police Sworn 2 Licenses, Taxes, Fees Police Sworn 2 Dues & Sub-Memberships Assessing 2 Dues & Sub-Memberships Assessing 1 Miscellaneous Communications 1 Bank and Service Charges Recreation Admin 1 Licenses, Taxes, Fees City Hall (City Cost) -1 Bank and Service Charges Recreation Admin -8 Operating Supplies New Adaptive -14 Operating Supplies Youth Programs Admin -19 Operating Supplies Arts Center -19 Operating Supplies Internal Events -25 Operating Supplies Arts Center -34 Operating Supplies IT Operating -35 Operating Supplies Arts Center -35 Tuition Reimbursement/School Police Sworn -43 Licenses, Taxes, Fees Pool Lessons -46 Licenses, Taxes, Fees Pool Lessons -56 Miscellaneous IT Operating -94 Operating Supplies Internal Events -287 Deposits General Fund -492 Capital Under $25,000 Fitness Classes -5,060 Other Revenue General Fund 75,418 Report Total