HomeMy WebLinkAboutCity Council - 01/08/2019 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JANUARY 8, 2019 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, and Mark
Freiberg
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin
Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor
Workshop-Heritage Rooms I and H(5:30)
I. LEGISLATIVE UPDATE WITH SENATOR CWODZINSKI, SENATOR FRANZEN,
REPRESENTATIVE KOTYZA-WITTHUHN, AND REPRESENTATIVE PRYOR
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JANUARY 8, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, and Mark
Freiberg
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Ric Rosow, and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS NELSON AND
FREIBERG
IV. OPEN PODIUM INVITATION
V. PROCLAMATIONS/PRESENTATIONS
A. PROP FOOD SHELF COLLECTION
B. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR STARING
LAKE OUTDOOR CENTER PROGRAMS (Resolution)
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VII. MINUTES
VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
IX. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. SOUTHWEST TRANSIT GARAGE by Len Simich. Second Reading of an
Ordinance for PUD District Review with waivers on 10.05 acres; Resolution for
Site Plan Review on 10.05 acres (Ordinance for PUD Review; Resolution for
Site Plan Review)
CITY COUNCIL AGENDA
January 8, 2019
Page 2
C. ADOPT RESOLUTION APPROVING SECOND READING OF AN
ORDINANCE AMENDING CITY CODE CHAPTER 3, RELATING TO
WATER EMERGENCIES AND ADOPT RESOLUTION APPROVING
SUMMARY ORDINANCE
D. ADOPT RESOLUTION APPROVING DECERTIFICATION OF EDEN
PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 18
E. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES
FOR CITY BOARDS AND COMMISSIONS FOR 2019
F. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
G. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY
OF EDEN PRAIRIE
H. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
I. ADOPT RESOLUTION DESIGNATING DEPOSITORIES
J. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
K. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL
APPROVAL
L. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2019
M. AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS
FOR DISASTER RECOVERY SITE FROM XIGENT SOLUTIONS,LLC
N. ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR SPRING ROAD/CSAH 4 PEDESTRIAN
IMPROVEMENTS
O. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING
GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD
IMPROVEMENT PROJECT
P. APPROVE AGREEMENT WITH AET FOR CONSTRUCTION TESTING
SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT
CITY COUNCIL AGENDA
January 8, 2019
Page 3
Q. ADOPT RESOLUTION AWARDING CONTRACT FOR PRESERVE
BOULEVARD RECONSTRUCTION PROJECT TO EUREKA
CONSTRUCTION, INC.
R. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR BIRCH
ISLAND ROAD DESIGN AT RAILROAD CROSSING
S. APPROVE AGREEMENT WITH HTPO FOR STARING LAKE BUILDING
SITE PLANS
T. APPROVE LEASE WITH HARTZELL PFO INC. FOR CHUCK& DON'S
PET FOODS AND SUPPLY STORE AT 8022 DEN ROAD
U. APPROVE AGREEMENT FOR SERVICES WITH I-494 CORRIDOR
COMMISSION
X. PUBLIC HEARINGS/MEETINGS
XI. PAYMENT OF CLAIMS
XII. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE REPEALING CITY CODE
SECTION 10.2 DEALING WITH INDIVIDUAL SEWAGE TREATMENT
STANDARDS
XIII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIV. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER (Resolution)
B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR
THE CITY COUNCIL IN 2019 AND APPOINT ACTING MAYOR
(Resolution)
C. APPOINTMENTS TO 2019 BOARD OF APPEAL AND EQUALIZATION
XV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Discuss Council Vacancy
B. REPORT OF CITY MANAGER
1. Board and Commission Recruitment
CITY COUNCIL AGENDA
January 8, 2019
Page 4
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Professional Service Agreement with Artist CJ Rench of CJR Design
for Preserve Boulevard Public Art
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
ANNOTATED AGENDA
DATE: January 4, 2019
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, January 8, 2019
TUESDAY,JANUARY 8, 2019 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. SWEARING IN OF MAYOR CASE AND COUNCIL MEMBERS NELSON AND
FREIBERG
IV. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City
Manager's Office at 952.949.8412 by noon of the meeting date with your name,
phone number, and subject matter. If time permits after scheduled speakers are
finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not
recorded or televised. If you have questions about Open Podium,please contact the
City Manager's Office.
HRA MEETING
HRA I. ROLL CALL/CALL THE HRA MEETING TO ORDER
HRA II. ADOPT RESOLUTION APPROVING DECERTIFICATION OF EDEN
PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 18
MOTION: Move to: Adopt a Resolution approving the
decertification of Tax Increment Financing District No. 18 of the
Housing and Redevelopment Authority.
HRA III. ADJOURNMENT
MOTION: Move to adjourn the HRA meeting.
COUNCIL MEETING
ANNOTATED AGENDA
January 8, 2019
Page 2
V. PROCLAMATIONS/PRESENTATIONS
A. PROP FOOD SHELF COLLECTION
Synopsis: Throughout the month of November, the City's three municipal liquor
stores partnered with the PROP food shelf and invited customers to donate to the
food shelf. With a goal of raising $5,000 for the PROP food shelf, Eden Prairie
Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time
they visited. In addition, the liquor operation hosted a Happy Hour for Hunger
event aimed at collecting donations to help fill the food shelves this holiday
season. We would like to thank Eden Prairie Liquor patrons for their generosity.
Together, these efforts raised a total of $5,019.11 and 260 pounds of food for
PROP food shelf.
B. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR STARING
LAKE OUTDOOR CENTER PROGRAMS (Resolution)
Synopsis: The Staring Lake Outdoor Center offers a wide range of classes,
workshops, trips and activities in the areas of outdoor recreation and
environmental education. This donation will go towards purchasing items to
support these programs.
MOTION: Move to: Adopt the Resolution accepting the donation of
$400 from Eden Prairie Lions Club for the Staring Lake Outdoor
Center programs.
VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VII. MINUTES
VIII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
IX. CONSENT CALENDAR
MOTION: Move approval of items A-U on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. SOUTHWEST TRANSIT GARAGE by Len Simich. Second Reading of an
Ordinance for PUD District Review with waivers on 10.05 acres; Resolution for
Site Plan Review on 10.05 acres (Ordinance for PUD Review; Resolution for
Site Plan Review)
ANNOTATED AGENDA
January 8, 2019
Page 3
C. ADOPT RESOLUTION APPROVING SECOND READING OF AN
ORDINANCE AMENDING CITY CODE CHAPTER 3 RELATING TO
WATER EMERGENCIES
D. ADOPT RESOLUTION APPROVING DECERTIFICATION OF EDEN
PRAIRIE TAX INCREMENT FINANCING DISTRICT NO. 18
E. ADOPT RESOLUTION ESTABLISHING MEETING DATES AND TIMES
FOR CITY BOARDS AND COMMISSIONS FOR 2019
F. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
G. ADOPT RESOLUTION AUTHORIZING TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY
OF EDEN PRAIRIE
H. ADOPT RESOLUTION AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
I. ADOPT RESOLUTION DESIGNATING DEPOSITORIES
J. ADOPT RESOLUTION AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
K. ADOPT RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL
APPROVAL
L. APPROVE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF
EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2019
M. AUTHORIZE PURCHASE AND IMPLEMENTATION OF HP SERVERS
FOR DISASTER RECOVERY SITE FROM XIGENT SOLUTIONS,LLC
N. ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT
WITH HENNEPIN COUNTY FOR SPRING ROAD/CSAH 4 PEDESTRIAN
IMPROVEMENTS
O. APPROVE AGREEMENT AMENDMENT WITH SRF CONSULTING
GROUP FOR FINAL DESIGN SERVICES FOR PRESERVE BOULEVARD
IMPROVEMENT PROJECT
P. APPROVE AGREEMENT WITH AET FOR CONSTRUCTION TESTING
SERVICES FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT
Q. ADOPT RESOLUTION AWARDING CONTRACT FOR PRESERVE
ANNOTATED AGENDA
January 8, 2019
Page 4
BOULEVARD RECONSTRUCTION PROJECT TO EUREKA
CONSTRUCTION, INC.
R. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR BIRCH
ISLAND ROAD DESIGN AT RAILROAD CROSSING
S. APPROVE AGREEMENT WITH HTPO FOR STARING LAKE BUILDING
SITE PLANS
T. APPROVE LEASE WITH HARTZELL PFO INC. FOR CHUCK& DON'S
PET FOODS AND SUPPLY STORE AT 8022 DEN ROAD
U. APPROVE AGREEMENT FOR SERVICES WITH I-494 CORRIDOR
COMMISSION
X. PUBLIC HEARINGS/MEETINGS
XI. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XII. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE REPEALING CITY CODE
SECTION 10.2 DEALING WITH INDIVIDUAL SEWAGE TREATMENT
STANDARDS
Synopsis: In City Code Section 10.02 the City regulates individual sewage
treatment systems. There are approximately 120 individual sewage treatment
systems remaining in the City. Hennepin County desires to take over the
regulation of and enforcement for such systems. This will help for uniform
regulation of septic systems across the County. The proposed ordinance repeals
the City's regulatory system. On second reading of the ordinance a resolution
will be presented that authorizes an Agreement with the County formally
transferring the regulatory and enforcement functions to the County. The
Agreement provides that the City and the County will cooperate in effecting the
orderly transfer of said responsibilities and will take such further reasonable
administrative steps and execute such paperwork and documents as may be
necessary to allow the City to transfer and the County to carry out said
responsibilities.
MOTION: Move to: Approve the First Reading of an ordinance
repealing Section 10.2 of City Code dealing with individual sewage
treatment standards.
XIII. PETITIONS, REQUESTS,AND COMMUNICATIONS
ANNOTATED AGENDA
January 8, 2019
Page 5
XIV. APPOINTMENTS
A. DESIGNATE OFFICIAL CITY NEWSPAPER(Resolution)
Synopsis: This designation is required on an annual basis.
The Eden Prairie News has been the official newspaper since 2008 and for 27 years
prior to 2003. The Sun-Current was the official newspaper from 2003 through
2007.
MOTION: Move to: Adopt the Resolution designating Eden Prairie
News as the official City newspaper for the year 2019.
B. DESIGNATE OFFICIAL MEETING DATES, TIME AND PLACE FOR
THE CITY COUNCIL IN 2019 AND APPOINT ACTING MAYOR
(Resolution)
Synopsis: This resolution requires approval on an annual basis.
MOTION: Move to: Adopt the Resolution designating the official
meeting dates, time and place for the City of Eden Prairie Council in
2019 and appointing Council Member as Acting Mayor.
C. APPOINTMENTS TO 2019 BOARD OF APPEAL AND EQUALIZATION
Synopsis: The proposed members for Council approval are Eden Prairie residents and
experienced real estate professionals with extensive knowledge of the Southwest metro
area.
Lyndon Moquist of Edina Realty is involved in the sale of residential properties in the
southwest metro area and manages the Eden Prairie office of Edina Realty.
Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of residential
properties in the southwest metro.
Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of residential
properties in the southwest metro.
Nate Thompson of Edina Realty is involved in the sale of residential properties in the
southwest metro.
Kristin Rial of Edina Realty is involved in the sale of residential properties in the
southwest metro.
MOTION: Move to: Appoint to the Board of Appeal and
Equalization Lyndon Moquist, Annette O'Connor, Todd L. Walker,
ANNOTATED AGENDA
January 8, 2019
Page 6
Nate Thompson and Kristin Rial for the period of March 1, 2019
through May 31, 2019, or until the Board of Appeal and Equalization
completes its work.
XV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Discuss Council Vacancy
B. REPORT OF CITY MANAGER
1. Board and Commission Recruitment
Synopsis: The Board and Commission process typically begins in early
January and wraps up with new member orientation in March. Staff
proposes the following scheduled for 2019 recruitment:
January 9 Application process opens
February 4 Application deadline
February 26 Commission candidate interviews
March 5 Council appoints commissioners
Late March Commission orientation
MOTION: Move to: Approve the attached timeline for
recruitment of Board and Commission candidates and set
February 26, 2019 as the date for commission interviews.
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Professional Service Agreement with Artist CJ Rench of CJR Design
for Preserve Boulevard Public Art
Synopsis: In an effort to integrate public art into the community to support
Eden Prairie's Values of Innovation and Collaboration and to provide a
more visually pleasing environment, funds for public art were allocated as
a part of the Preserve Boulevard renovation.
In July of 2018, Request for Qualifications (RFQ) were solicited to find
appropriate and qualified artists. The initial RFQ call received over 70
artist submissions. From this initial round, four artists were selected to
continue on in the process and were asked to provide preliminary concepts
and costs by mid-October 2018. Of the four artists, CJ Rench was selected
due to his proposed project, abundant experience, favorable references,
and aesthetics of his past work. Staff has worked with CJ Rench to come
ANNOTATED AGENDA
January 8, 2019
Page 7
up with a scope of work that includes the four unique sculptures to be
installed along Preserve Blvd.
MOTION: Move to: Approve the professional services
agreement for $130,000 with CJ Rench of CJR Design for
Preserve Blvd Public Art design, fabrication, and installation.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XVI. OTHER BUSINESS
XVII. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
AGENDA
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,JANUARY 8, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Members Brad Aho, Kathy Nelson, and Mark Freiberg
CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah,
City Attorney Ric Rosow, City Planner Julie Klima, Finance Director Sue Kotchevar and
Recorder Jan Curielli
I. ROLL CALL/CALL THE HRA MEETING TO ORDER
II. ADOPT RESOLUTION APPROVING THE DECERTIFICATION OF TAX
INCREMENT FINANCING DISTRICT NO. 18
III. ADJOURNMENT
HOUSING AND REDEVELOPMENT DATE:
AUTHORITY AGENDA January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.:
Rick Getschow Resolution approving the decertification of Tax II.
City Manager, Administration Increment Financing District No. 18 of the
Housing and Redevelopment Authority
Requested Action
Move to: Adopt a resolution approving the decertification of Tax Increment Financing
District No. 18 of the Housing and Redevelopment Authority.
Synopsis
On April 16, 2002, the Housing and Redevelopment Authority created Tax Increment Financing
District No. 18 and entered into a contract with Eden Prairie Leased Housing Associates I,
Limited Partnership. The District provided funding for qualified costs over the life of the district
and the developer rented low-income units to qualifying individuals.
The Housing and Redevelopment Authority's obligation is paid and the district can be
decertified.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY
H.R.A. RESOLUTION NO. 2019-
A RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT
FINANCING DISTRICT NO. 18 OF THE HOUSING AND REDEVELOPMENT
AUTHORITY
WHEREAS, on April 16, 2002, the Housing and Redevelopment Authority(the "HRA") created
its Tax Increment Financing District No. 18, (the "District") within its Redevelopment Project No. 5 (the
"Project"); and
WHEREAS, on December 31, 2018 the tax increment bonds to which tax increment from the
District have been paid in full, and
WHEREAS, all other costs of the Project have been paid; and
WHEREAS, there are no parcels located in the District which have delinquent taxes when the
District terminated under the duration limits,and
WHEREAS,the nonpayment of property taxes has not caused the outstanding bonds,and
WHEREAS, the HRA desires by this resolution to cause the decertification of the District after
which all property taxes generated by property within the Districts will be distributed in the same manner
as all other property taxes beginning January 1,2019.
NOW THEREFORE,BE IT RESOLVED by the HRA of the City of Eden Prairie that the HRA's
staff shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify the
Districts as tax increment districts and to no longer remit tax increment from the Districts to the City.
ADOPTED by the Housing and Redevelopment Authority this 8th day of January, 2019.
Ron Case, Mayor
ATTEST:
Rick Getschow, Executive Director
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Administration/Liquor Operations, PROP Food Shelf Collection V.A.
Jaime Urbina, Operations Manager
Synopsis
Throughout the month of November, the City's three municipal liquor stores partnered with the
PROP food shelf and invited customers to donate to the food shelf. With a goal of raising $5,000
for the PROP food shelf, Eden Prairie Liquor stores held a Dollar Drive inviting customers to
contribute just $1 each time they visited. In addition, the liquor operation hosted a Happy Hour
for Hunger event aimed at collecting donations to help fill the food shelves this holiday season.
We would like to thank Eden Prairie Liquor patrons for their generosity.
Together, these efforts raised a total of$5,019.11 and 260 pounds of food for PROP food shelf
Background Information
The City's three municipal liquor stores partnered with PROP to give back to the community.
PROP's mission is to compassionately provide food and comprehensive support to people in Eden
Prairie and Chanhassen who are facing financial hardship or crisis to create a path toward greater
self-sufficiency. Their primary services include a food shelf, short-term financial help, support for
low-income families with children and teens, and support for seniors and individuals with
disabilities.
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Donation from Eden Prairie Lions for Staring V.B.
Parks and Recreation Lake Outdoor Center programs
Requested Action
Move to: Adopt Resolution accepting the donation of$400 from Eden Prairie Lions Club for the
Staring Lake Outdoor Center programs.
Synopsis
The Staring Lake Outdoor Center offers a wide range of classes, workshops, trips and activities
in the areas of outdoor recreation and environmental education. This donation will go towards
purchasing items to support these programs.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$400 to be used for Staring Lake Outdoor Center programs
from the Eden Prairie Lions hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Christy Weigel, Clerk's License Application List IX.A.
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
2019 Renewal Licenses
Temporary Liquor
Organization: City of Eden Prairie/EP Liquor Precious Metal Dealer License
Event: Wine &Beer Tasting Marquis Jewelers, Inc
Date: April 11, 2019 DBA: Wedding Day Diamonds
Place: Garden Room
8080 Mitchell Road
Private Kennel
Organization: City of Eden Prairie/EP Liquor Jennifer Bjorling
Event: Arts in the Park Beer Tasting 8924 Braxton Drive
Date: May 18, 2019
Place: Purgatory Creek Park Mary Lou Carlson
13001 Technology Drive 10129 Eden Prairie Road
Andrew & Cindy Costigan
Organization: City of Eden Prairie/EP Liquor 9980 Dell Road
Event: Music in the Park Beer Tasting
Date: July 5, 2019 Kimberly Donahue
Place: Staring Lake Park 18090 Evener Way
14800 Pioneer Trail
Mike Kelly
8575 Big Woods Lane
Therapeutic Massage Enterprise
Jennifer Eslinger Reid Mandel
DBA: Structural Energy 10541 East Riverview Road
7024 Beacon Circle
James W. McCoy
14366 Golf View Drive
Massage Therapist
Jennifer Ruth Eslinger Kathy Meyer
Structural Energy 7320 Bagpipe Boulevard
7024 Beacon Circle
Frank& Lyndy Newcomb
6721 Lochanburn Road
- 1 -
City Council Agenda [January 8, 2019]
Clerk's License Application List
Page 2
Nancy Parker
7402 Bittersweet Drive
Clara Severson
6505 Rowland Road
Robert&Lorraine Stanton
16427 South Manor Road
Annette &John Thayer
9263 Preston Place
Ann Thelemann
9644 Falcons Way
Bradley Weber& Ryan Pfeifle
9528 Creek Knoll Road
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning SouthWest Transit Garage Project IX.B.
Janet Jeremiah/Beth Novak-Krebs
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for a Planned Unit Development District Review
with waivers on 10.05 acres; and
• Adopt the Resolution for Site Plan on 10.05 acres; and
• Approve the Development Agreement for the SouthWest Transit Garage Project
Synopsis
This is the final approval of the development agreement and plans for the SouthWest Transit
Garage project. The property is located at 14405 62nd Street W. The project involves expanding
the parking on the site from 78 stalls to 144 stalls.
Background
On November 13, 2018, the City Council approved the lst reading of the Ordinance for the PUD
and directed staff to prepare a Development Agreement. In addition to the new parking stalls,
the site plan approval includes adding islands and landscaping in the parking lot to comply with
City Code. Based on an updated delineation of the wetland along the creek, the Development
Agreement addresses the need for a revised Conservation Easement over the wetland and the
wetland buffer.
The 120-day review period expires on February 8, 2019.
Attachments
1. Ordinance
2. Summary Ordinance
3. Resolution
4. Development Agreement
SOUTHWEST TRANSIT GARAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-2019-PUD-1-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CERTAIN LAND WITHIN A ZONING DISTRICT,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:
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 amended within
the Industrial (I-2) Zoning District 1-2019-PUD-1-2019 (hereinafter "PUD-1-2019-I-2).
Section 3. The City Council hereby makes the following findings:
A. PUD-1-2019-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-1-2019-I-2 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-1-2019-I-2 are justified by the design of the development
described therein.
D. PUD-1-2019-I-2 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation is feasible as a complete unit without dependence
upon any subsequent unit.
Section 4. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of January 8, 2019, entered into between Southwest Transit a
joint powers entity formed by the Cities of Chanhassen, Chaska, and Eden Prairie formerly
known as SouthWest Metro Transit Commission, and the City of Eden Prairie, (hereinafter
"Development Agreement"). The Development Agreement contains the terms and conditions of
PUD-1-2019-I-2, and are hereby made a part hereof.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
amended within the Industrial (I-2) Zoning District and shall be included hereafter in the Planned
Unit Development 1-2019-I-2, and the legal descriptions of land in each district referred to in
City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
13th day of November, 2018, 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 8th day of
January, 2019.
ATTEST:
Kathleen Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
EXHIBIT A
PUD Legal Description
Legal Description
Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County,
Minnesota
(Abstract Property)
SOUTHWEST TRANSIT GARAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 1-2019-PUD-1-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE
ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning of land located 14405
62nd Street W within 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:
Kathleen Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SOUTHWEST TRANSIT GARAGE
BY SOUTHWEST TRANSIT
WHEREAS, SouthWest Transit, has applied for Site Plan approval of the SouthWest
Transit Garage to construct additional parking on the site,by an Ordinance approved by the City
Council on January 8, 2019; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its October 22, 2018 meeting and recommended approval of said site plan; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
November 13, 2018 meeting.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to SouthWest Transit
based on the Development Agreement between SouthWest Transit, a joint powers entity formed
by the Cities of Chanhassen, Chaska, and Eden Prairie formerly known as SouthWest Metro
Transit Commission and the City of Eden Prairie, reviewed and approved by the City Council on
January 8, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of January, 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
SouthWest Transit Garage
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of January 8,
2019, by Southwest Transit, a joint powers entity formed by the Cities of Chanhassen, Chaska,
and Eden Prairie formerly known as SouthWest Metro Transit Commission, 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 Planned Unit Development District Review with
waivers on 10.05 acres, and Site Plan Review on 10.05 acres (the "Applications"), legally
described on Exhibit A(the "Property");
WHEREAS, Developer and City entered into that certain Development Agreement dated
September 19, 2006, filed on September 22, 2006 in the Office of the County Recorder as
Document#8866726 and that certain Supplemental Development Agreement dated November 18,
2014,filed on November 21,2014 in the Office of the County Recorder as Document#A 10139181
pertaining to the Property(hereinafter referred to as the "Original Development Agreements").
NOW, THEREFORE, in consideration of the City adopting Ordinance No.
for Planned Unit Development District Review on 10.05 acres and Resolution No.
for Site Plan Review Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
SouthWest Transit Garage Development Agreement 1
and stamp dated January 2, 2019, reviewed and approved by the City Council on January
8, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Land construction thereon or failure to fulfill
an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24
hour notice of such violation in order to allow a cure of such violation, provided however,
City need not issue a building or occupancy permit for construction or occupancy on the
Land while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
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 shall not be released from its responsibilities to release,
defend and indemnify because of any inspection, review or approval by City.
5. DRAINAGE AND UTILITY EASEMENT: Developer shall execute and convey a
Drainage and Utility Easement over the existing water main in the southwest corner of the
site as delineated in the Plan. Developer shall submit the Drainage and Utility Easement
in the form attached as Exhibit D, for review and written approval by the City Engineer.
After approval by the City Engineer, Developer shall file the Drainage and Utility
Easement with the Hennepin County Recorder's Office and prior to recording of any
document affecting the property including but not limited to any mortgage granted by the
Developer or owners, their successors and/or assigns.
Prior to the issuance of a Land Alteration Permit for the Property, Developer shall submit
to the City Engineer proof that the Drainage and Utility Easement has been recorded in the
Hennepin County Recorder's Office.
6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
South West Transit Garage Development Agreement 2
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 shall 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 shall include all wetland information,including
wetland boundaries, wetland buffer strips and wetland buffer monument locations;
all Stormwater Facilities,such as water quality ponding areas,stormwater detention
areas, and stormwater infiltration systems; and any other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Developer shall furnish to the
City Engineer and receive the City Engineers' written approval of a security in the
form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said
improvements as required by City Code. Prior to release of the grading security,
Developer shall certify to the City that the Stormwater Facilities conform to the
final grading plan and that the Stormwater Facilities are functioning in accordance
with the approved plans.
Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor critical phases of construction for
conformance to the approved final grading plan and Stormwater Pollution
Prevention Plan (SWPPP). The design professional shall provide a final report to
the City certifying completion of the grading in conformance the approved final
grading plan and SWPPP. In addition, the design professional retained by the
Developer to perform the monitoring of the Project shall be responsible for all
monitoring,data entry and reporting to the PermiTrack ESC web-based erosion and
sediment permit tracking program utilized by the City.
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins,retention basins,"Stormwater Infiltration"or"Filtration
Systems" (such as rainwater gardens, vegetated swales, infiltration basins,
vegetated filters, filter strips, curbless parking lot islands, parking lot islands with
curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration
trenches) or "Underground Systems" (such as media filters, underground sand
filters, underground vaults, sedimentation chambers, underground infiltration
systems, pre-manufactured pipes, modular structures or hydrodynamic separators)
shall be maintained by the Developer during construction and for a minimum of
two(2)full growing seasons after completion of the development to ensure that soil
compaction, erosion, clogging, vegetation loss, channelization of flow or
accumulation of sediment are not occurring, and thereafter by the Owner of the
Property. Planting and Maintenance Plans for the Stormwater Facilities (where
appropriate) to ensure that the Stormwater Facilities continue to function as
South West Transit Garage Development Agreement 3
designed in perpetuity must be submitted prior to release of the first building permit
for the Development
Developer shall employ the design professional who prepared the final grading plan
to monitor construction of the Stormwater Facilities for conformance to the
Minnesota Pollution Control Agency publication entitled "State of Minnesota
Storm Water Manual" current edition, the approved final grading plan and the
requirements listed herein. All inspections of underground systems shall be
performed by personnel that have approved OSHA confined space training.
Maintenance techniques must be used during construction to protect the infiltration
capacity of all Stormwater Infiltration Systems by limiting soil compaction to the
greatest extent possible. This must include delineation of the proposed infiltration
system with erosion control fencing prior to construction; installation of the
infiltration system using low-impact earth moving equipment; and not allowing
equipment,vehicles, supplies or other materials to be stored or allowed in the areas
designated for stormwater infiltration during construction.
In areas of structural infiltration Developer shall prior to construction of the
infiltration system provide a plan that addresses: (i) construction management
practices to assure the infiltration system will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the
completed infiltration system must meet to be considered functional by City and
(v) corrective actions that will be taken if the infiltration system does not meet the
performance specification.
All Stormwater Infiltration Systems must be inspected prior to final grading to
ensure that the area is infiltrating as proposed and to determine if corrective
measures are required to allow infiltration as proposed.
Field verification of post-construction infiltration rates must be provided to the City
within 30 days after the first rainfall event of inch or greater after the Stormwater
Infiltration Systems become operational. If infiltration rates are reduced a plan to
restore adequate infiltration must be provided within 90-days of the field
verification test. The work required to bring the Stormwater Infiltration System
back into compliance be implemented within 60 days of City approval of the plan.
Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading.
C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A
Stormwater Maintenance Plan must be provided for operation and maintenance of
all Stormwater Facilities to ensure they continue to function as designed in
perpetuity prior to issuance of the Land Alteration Permit. The Stormwater
Maintenance Plan must identify and protect the design, capacity and functionality
South West Transit Garage Development Agreement 4
of all Stormwater Facilities. The Maintenance Plan must contain at a minimum:
the party(s) responsible for maintenance; access plans; inspection frequency;
methods used for field verification of infiltration for Stormwater Infiltration
Systems; routine and non-routine inspection procedures; sweeping frequency for
all parking and road surfaces; plans for restoration of reduced infiltration for
Stormwater Infiltration Systems; and plans for replacement of failed systems, all
pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all
Stormwater Facilities shall be inspected at a minimum of once annually to
determine if the Stormwater Facility(s) is treating stormwater as designed and
should occur within 72-hours after a rainfall event of one-inch or greater to verify
infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive
plants and sediment. Erosion impairing the function or integrity of the Stormwater
Facilities, if any, must be corrected and any structural damage impairing or
threatening to impair the function of the Stormwater Facilities must be repaired.
The following criteria must be included in the inspection:
• A storage treatment basin (including retention and detention basins) shall
be considered inadequate if sediment has decreased the wet storage volume
by 50 percent or dry storage volume by 25 percent of its original design
volume.
• A Stormwater Infiltration System shall be considered inadequate if
sediment has accumulated that impairs or has the potential to impair
infiltration of stormwater.
• An underground storage chamber shall be considered inadequate if
sediment has decreased the infiltration storage volume by 50 percent of its
original design volume.
Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the
underlying soils must be restored and any surface disturbance must be stabilized
within one year of the inspection date.
After the two year period of maintenance,the Owner of the Property shall continue
to be responsible for maintenance of the Stormwater Facilities. This shall include
inspections at a minimum of once per every five years. Regular maintenance shall
be conducted and must include regular sweeping of private streets, parking lots or
drive aisles at a minimum of once per year; debris and litter removal; removal of
noxious and invasive plants; removal of dead and diseased plants; maintenance of
approved vegetation; re-mulching of void areas; replanting or reseeding areas
where dead or diseased plants were removed; and removal of sediment build-up.
South West Transit Garage Development Agreement 5
Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems
shall to the extent practical be removed by hand. For any situations in which hand
removal is not practical, Developer shall identify in the Stormwater Maintenance
Plan procedures that will be implemented to protect functionality of the Stormwater
Infiltration Systems. Areas above Underground Systems shall be kept free of
structures that would limit access to the System for inspections, maintenance or
replacement.
D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit, Developer shall submit to the City Engineer
and obtain City Engineer's written approval of Stormwater Pollution Prevention
Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion
control features, temporary stockpile locations, turf restoration procedures,
concrete truck washout areas and any other best management practices to be
utilized within the Project. Prior to release of the grading bond, Developer shall
complete implementation of the approved SWPPP.
7. IRRIGATION PLAN: Developer shall 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 shall be designed so that water is not directed on or over public trails
and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
the Property.
8. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of an executed landscape
agreement and a final landscape plan for the Property including all proposed trees shrubs,
perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall 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 said improvements including all proposed
trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement
plan on the Exhibit B Plans.
The approved landscape plan shall be consistent with the quantity, type, and size of all
plant materials shown on the landscape plan on the Exhibit B Plans. The approved
landscape plan shall 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 plan
shall also provide that, should actual tree loss exceed that calculated herein, Developer
shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
South West Transit Garage Development Agreement 6
The installation shall conform to the approved landscape 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 and relocation,to the landscape plan or landscaping installed on
the Property shall be reviewed and approved by the City prior to implementing said
changes. Developer shall complete implementation of the approved landscape plan as
depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit
C of this Development Agreement.
9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City
Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating,and air-conditioning units. Security to guarantee construction of said screening
shall be included with that provided for landscaping on the Property, in accordance with
City Code requirements. Developer shall complete implementation of the approved plan
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 the Code requirements to screen mechanical equipment from public streets and
differing, adjacent land uses, then the City Planner shall notify Developer and Developer
shall 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 security provided until Developer completes all such corrective measures.
10. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting
to the City Engineer, copies of all necessary approvals issued by other agencies for the
project. 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 Commission
Environmental Services, and Nine Mile Creek Watershed District.
The City Planner may determine that conditions of approval required by the Nine Mile
Creek Watershed District require changes to the City approvals 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 addition review.
11. PARKING STALLS: The Plans identify six(6)parking stalls (Compact Excess Stalls)in
excess of the requirements of City Code. Excess Stalls may not be substituted for stalls
that comply with City Code requirements or for which a waiver is granted in Section 13. 3
of this Agreement. In accordance with the Exhibit B Plans, the stalls shall be signed as
Compact Parking Stalls.
South West Transit Garage Development Agreement 7
12. PERFORMANCE STANDARDS: 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 shall be
operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines.
13. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the District through the Planned Unit Development District Review
for the Property and incorporates said waivers as part of PUD (list PUD number):
1. Impervious Surface. The City Code allows a maximum impervious surface of 30%.
The existing impervious surface area on the site is 47.97%. The maximum impervious
surface is allowed at 48.99%.
2. Drive Aisle Width. City Code requires 25' wide drive aisles. One of the existing
drive aisles is allowed at 24' 6"wide.
3. Parking Stall Depth. City Code requires parking stalls to be 19' deep. Nine (9)
existing parking stalls are allowed at 18' deep.
4. Compact Excess Parking Stalls. Six (6)parking stalls identified on the Plans are in
excess of the requirements of City Code. City Code requires parking stalls to be 9' by
19'. The Compact Excess Stalls are allowed as follows: 2 stalls at 9' by 16', 2 stalls
at 9' by 17' and 2 stalls at 9' by 18'.
14. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer
agrees to all of the terms, conditions and obligations of "Developer" under the
Development Agreement dated September 19, 2006, filed on September 22, 2006 in the
Office of the County Recorder as Document#8866726 and the Supplemental Development
Agreement dated November 18, 2014, filed on November 21, 2014 in the Office of the
County Recorder as Document # A10139181, except as inconsistent with or amended by
this Agreement.
15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or
construction on the Property, Developer shall submit to the Chief Building Official, and
obtain the Chief Building Official's written approval of detailed plans for any retaining
walls greater than four feet in height.
These plans shall include details with respect to the height, type of materials, and method
of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in
accordance with the 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 shall be the responsibility
South West Transit Garage Development Agreement 8
of the Developer, its successors and assigns.
16. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City
Planner's written approval of an application for a sign permit. The application shall 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, consistent with the sign plan shown
on the Plans and in accordance with the requirements of City Code, Section 11.70,
Subdivision 5a.
17. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height.
Developer shall complete implementation of the approved lighting plan prior to issuance
of any occupancy permit for the Property.
18. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent
structures which will abut existing wetlands or storm water pretreatment ponds must have
a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
19. WETLAND PLAN:
Prior to release of the land alteration permit for any portion of the Property, Developer
shall submit to the Water Resources Coordinator and receive the Water Resources
Coordinator's approval of a Wetland Plan. The approved Wetland Plan shall be consistent
with the materials and requirements shown on the Plans and as required by City Code. The
Plan shall include the following elements.
A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall
submit to the City a Wetland Buffer Strip Evaluation Report("Buffer Report") and
Wetland Delineation Report in accordance with the Wetland Plan and City Code
requirements. If the Delineation or Buffer Reports identify any unacceptable
vegetation or other conditions, the wetland and/or wetland buffer strip shall be
graded, treated, reseeded and/or replanted (thereon known as "Landscaping", or
"Landscaped")by the Developer within 90 days of submission of the Buffer Report
or within 90 days after receipt of a wetland permit for wetland alteration. If the
Wetland Plan is submitted after September 30th, the Landscaping must be
completed by June 30th of the following year. If Landscaping of the wetland and/or
wetland buffer strip is required,the Developer shall submit a signed statement by a
qualified wetland consultant, as determined by the City Manager, stating that the
wetland and/or wetland buffer strip vegetation complies with all City requirements
within 30 days of completion of the Landscaping of the wetland and/or wetland
buffer strip.
South West Transit Garage Development Agreement 9
B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit
a signed contract with a qualified wetland consultant, as determined by the City
Manager and/or designee, for preparation of an Annual Wetland and Wetland
Buffer Strip Evaluation Report(Annual Buffer Report)that evaluates the condition
of the wetland(s) and wetland buffer strip(s) and to determine if they are in
compliance with all City requirements. The Annual Buffer Report shall provide
both an action plan and proposed cost for correction of all problems identified
within the wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is
commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Report shall be submitted. The Final Annual Buffer Report
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer
Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report or by June 15
of the following year if submitted during the non-growing season. Documentation
that all work has been completed shall be provided to the Water Resources
Coordinator prior to release of the Wetland Financial Assurance.
C. Conservation Easement:
Recorded against the Property is a Conservation/Scenic Easement dated August
21, 2007, filed August 23, 2007 as Document No. 9029367 in the Office of the
Hennepin County Recorder, over the wetland and wetland buffer for Water Body
03-22-C. On October 12, 2018 a Wetland Delineation Report (dated October 12,
2018) was provided by the Developer and the Nine Mile Creek Watershed District
for review which identifies that the boundaries of the wetland have changed since
2007. The Developer shall prepare and submit to the City Engineer for approval an
amendment to the Conservation/Scenic Easement(the"Amendment")within thirty
(30) days after Nine Mile Creek Watershed District approves the Wetland
Delineation and Wetland Buffer Strip boundaries. The Amendment must include
Water Body 03-22-C and its required buffer and shall exclude the existing
constructed Water Bodies 03-22-F and 03-22-G. After approval by the City
Engineer the Developer shall file the Amendment with the Office of the Hennepin
County Recorder.
Developer shall submit a Conservation Easement Amendment for review and
written approval by the Water Resources Coordinator, for the area(s) delineated on
South West Transit Garage Development Agreement 10
the Plans. After approval by the City, Developer shall file the Conservation
Easement Amendment with the Hennepin County Recorder's Office immediately
prior to recording of any document affecting the property including but not limited
to any mortgage granted by the Developer or owners, their successors and/or
assigns.
Prior to the issuance of the Land Alteration Permit for the Property,Developer shall
submit to the Water Resources Coordinator proof that the Conservation Easement
has been recorded in the Hennepin County Recorder's Office.
D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to
install all wetland buffer strip monuments for the property prior to release of the
first building permit for any portion of the Property. The Financial Assurance
referred to in paragraph E below shall include the cost for location, including
surveying, and installation of the monuments. Wetland buffer strip monument
locations shall be shown on the final grading plan and final plat. The monument
shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to
2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or
other material pre-approved in writing by the City Manager. The post shall be a
minimum of 2.25 inches wide and 6 feet 6 inches long(2.25"x 6.5'). The sign shall
have a minimum size of 3 inch by 8 inch(3"x 8"). The sign shall be mounted flush
with the top of the post and shall include the statement "Conservation Easement:
No Mowing Allowed - Wetlands and buffers filter pollutants, reduce flooding and
provide habitat."The signs shall also include the City and Watershed District logos
and website links. . The post shall be mounted to a height of four feet above grade
and set at least 2.5 feet in the ground. Removal of the wetland buffer strip
monuments is prohibited.
E. Wetland Financial Assurance: Developer shall furnish to the Water Resources
Coordinator and receive the Water Resources Coordinator's approval of a Wetland
Plan performance bond,cash escrow, or letter of credit with a corporation approved
by the City Manager or other guarantee acceptable to the City Manager(hereinafter
referred to as the "Security") equal to 150% of the cost, as estimated by the City
Manager, of completing said Wetland Plan requirements and/or Landscaping as
depicted on the Plans and as required by City Code. Said Security shall cover costs
associated with the Wetland Plan during development and for two full growing
seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Security in whole or in part to pay the cost of
implementation.
20. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENTS: Developer
agrees to all of the terms, conditions and obligations of "Developer" under the Original
South West Transit Garage Development Agreement 11
Development Agreements except as inconsistent with or amended by this Agreement.
South West Transit Garage Development Agreement 12
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
Ron 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 ,
2019, by Ron 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
South West Transit Garage Development Agreement 13
Southwest Transit, a Joint Powers Board organized under the laws of the State of Minnesota
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2018,
by Len Simich, the CEO, of SouthWest Transit, a Joint Powers Board organized under the laws
of the State of Minnesota, on behalf of the Board.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
South West Transit Garage Development Agreement 14
EXHIBIT A
DEVELOPMENT AGREEMENT — SouthWest Transit Garage
Legal Description
Lot 1, Block 1, Reuter Addition, according to the recorded plat thereof, Hennepin County
Minnesota
(Abstract Property)
SouthWest Transit Garage Development Agreement 15
EXHIBIT B
DEVELOPMENT AGREEMENT — SouthWest Transit Garage
Exhibit B
Title Sheet dated 11/06/18 by Hay Dobbs
Boundary, Location, Topographic and Utility Survey dated 7/21/14 by Sunde Land Surveying
Demolition and Erosion Control Plan dated 11/06/18 by Hay Dobbs
Grading, Drainage, and Erosion Control Plan dated 11/06/18 by Hay Dobbs
Paving and Geometric Plan dated 11/06/18 by Hay Dobbs
Details dated 10/05/18 by Hay Dobbs
Details dated 11/06/18 by Hay Dobbs
Stormwater Pollution Prevention Plan dated 10/05/18 by Hay Dobbs
Landscape Plan dated 11/06/18 by Hay Dobbs
Site Photometric Plan dated 11/06/18 by Steen Engineering Inc.
Site Photometric Plan dated 11/06/18 by Steen Engineering Inc.
Site Photometric Plan dated 11/06/18 by Steen Engineering Inc.
SouthWest Transit Garage Development Agreement 16
EXHIBIT C
DEVELOPMENT AGREEMENT — SouthWest Transit Garage
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development 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.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations of
said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect
as of the date of the issuance of each building permit for construction on the Property.
IV. 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, shall not
oppose the City's reconsideration and rescission of any Rezoning, 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.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property.
VI. 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.
VII. Developer represents that it has marketable fee title to the Property, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT
TO THE DEVELOPER'S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows now and at the time of dedication or
conveyance:
SouthWest Transit Garage Development Agreement 17
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the
City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Dedicated 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., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "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 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 Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees
and costs that the City incurs because of the breach of any of the above representations or
warranties and/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 Property by Developer, its employees, agents, contractors or representatives.
VIII. 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.
IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years'
street lighting on the public streets adjacent to the Property(including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of 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,
South West Transit Garage Development Agreement 18
condition, or provision made herein, 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 building permits
or rescind or revoke any approvals granted by the City. No remedy conferred in this
agreement is intended to be exclusive and each shall be cumulative and shall be in addition
to every other remedy. The election of anyone or more remedies shall not constitute a
waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice
shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid
to the Inspections Department, including; Building permit fee, plan check fee, State
surcharge, metro system access charge (SAC), City SAC and City water access charge
(WAC), and park dedication. Contact Metropolitan Waste Control to determine the
number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
XVI. The City shall 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.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall 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 shall
be levied upon or collected from the general credit, general fund or taxing powers of the
City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top
of the post.
South West Transit Garage Development Agreement 19
XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record
the Development Agreement at the County Recorder and/or Registrar of Titles. The final
plat shall not be released until proof of filing of the Development Agreement is submitted
to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer's obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
"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
shall 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 such contract agreements unless the City shall agree in
writing to do so.
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 is allowed to lapse 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 then 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 Security is drawn down on or a
claim is made against the Security, the proceeds shall be used to cure the default(s) and to
reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City
in enforcing this Agreement.
XXI. The Developer hereby grants the City, it's 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.
XXII. This Agreement is a contract agreement 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 such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person
not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued
for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
South West Transit Garage Development Agreement 20
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.
South West Transit Garage Development Agreement 21
EXHIBIT D
DEVELOPMENT AGREEMENT — SouthWest Transit Garage
DRAINAGE AND UTILITY EASEMENT
Grantor Name , a Type of partnership, company or corp., organized under the laws of the
State of ("Grantor") hereby grants and conveys this day of , 2018 to City
of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota
("Grantee") an easement ("Easement") for the following uses and purposes and subject to the
following terms and conditions on,over,under and across real property in the County of Hennepin,
State of Minnesota and described in Exhibit A, shown in Exhibit B and made a part of("Easement
Parcel").
1. Uses and Purposes.
The Drainage and Utility Easement shall be for:
A. Drainage and Utility.
The construction,reconstruction,maintenance,and access for the storm sewer, sanitary
sewer and watermain.
2. Nonexclusive.
The Easement shall be nonexclusive; provided, however, this Easement shall be prior
to and superior to any other easement hereinafter granted. Any future easement shall be
subject to and subordinate to, and shall not interfere with, the Easement without the
consent, in writing, of Grantee.
3. Duration of Easement.
The Easement shall be perpetual, shall run with the land, shall be binding upon Grantor
and its successors and assigns and shall be for the benefit of Grantee and its successors and
assigns.
SouthWest Transit Garage Development Agreement 22
WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
GRANTOR NAME CITY OF EDEN PRAIRIE,
type of partnership, corp a Minnesota municipal corporation
By: NOT TO BE SIGNED By: NOT TO BE SIIGNED
Ron Case
It's: It's Mayor
By: NOT TO BE SIGNED
Rick Getschow
It's City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on this day of , 2019, by Ron
Case and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie,
a municipal corporation organized under the laws of the State of Minnesota, on behalf of said
corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
This instrument was acknowledged before me on this day of , 2019,
by , as of , a
organized under the laws of the State of , on behalf of
said .
Notary Public
Drafted By:
South West Transit Garage Development Agreement 23
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
I
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Robert Ellis, Public Works Second Reading of an Ordinance Amending IX.C.
City Code Chapter 3 Relating to Water
Emergencies
Requested Action
Move to: Approve the second reading of an ordinance amending City Code Chapter 3 relating to water
emergencies.
Synopsis
As a public water supplier, Minnesota Statutes Section 103G.291 requires the City to adopt and enforce
water conservation restrictions when the Governor declares a"critical water emergency." The
restrictions must limit lawn sprinkling, vehicle washing, golf course and park irrigation, and other
nonessential uses when a critical water emergency has been declared. Chapter 3, Section 3.30,
Subdivision 6 currently permits the City Manager to declare a water emergency and impose restrictions
but does not address a critical water emergency declared by the Governor under section 103G.291. In
connection with an update to the City's Water Supply Plan, the City must account in its ordinance for a
Governor-declared critical water emergency.
The proposed ordinance completely replaces subdivision 6 of Section 3.30. The new subdivision 6
addresses a water emergency declared either by the Governor or by the City Manager, provides for
notice to the public, details the types of water restrictions that will go into effect, provides a variance
process, and includes penalties for violations. The proposed ordinance also amends Section 3.01 to add
new definitions, and makes minor amendments to Section 3.30, subdivision 12, to account for these new
definitions.
The first reading for the ordinance was held on December 4, 2018. No changes were made to the
ordinance since that time.
Attachments
Ordinance
Summary Ordinance
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CITY CODE CHAPTER 3 RELATING TO WATER EMERGENCIES; AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That Chapter 3 of the City Code is hereby amended by deleting those words that are in
strikethrough font contained in brackets [ ] and adding those words that are underlined, to read as
follows:
CHAPTER 3
MUNICIPAL AND PUBLIC UTILITIES—
RULES AND REGULATIONS, RATES,
CHARGES AND COLLECTIONS
SECTION 3.01.DEFINITIONS
Subd. 8. "Irrigation" means the watering of shrubs, trees, sod, seeded grasses, gardens, lawns,
or any other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes.
Subd. 9. "Reclaimed water" means water collected from rooftops, paved surfaces, or other
collection devices and all water utilized more than once before re-entering the natural water cycle.
Subd. 10. "Water recirculation system"means any system,which enables a user to reuse water
at least once prior to returning the water to the natural water cycle.
SECTION 3.30. RULES AND REGULATIONS RELATING TO WATER SERVICE.
Subd. 6. Water Emergencies.
[A. Whenever in the judgment of the City Manager, or his designee, the water pressure and
available water in the municipal water system reaches a level which endangers the public
health or safety of residents and other persons in the City, he may declare a state of water
emergency which shall continue until such time as he shall determine that the danger to
public health or safety no longer exists. Forthwith upon the declaration of a state of water
emergency notice thereof shall be given to the news media, and all orders of the City
Manager, or his designee, issued pursuant thereto shall be enforced after one hour has
elapsed from the time of such notice.
B. During the existence of a state of water emergency the City Manager, or his designee,may,
by order, impose restrictions on sprinkling, irrigation or other utilization of water from the
City's municipal water system including, but not limited to: (1) total prohibition of
watering, sprinkling, or irrigation of lawn, grass or turf (hereinafter referred to as
C. "Municipal water system" means City owned wells, pipes, storage, treatment and related
f c l;ties f r pr...l„ ing stori g .,n d strib ting w for
D. Failure to comply with restrictions or prohibitions imposed by the City Manager, or his
designee, shall result in a surcharge for water service for each day of violation in an amount
determined by resolution of the City Council which shall be added to the water bill for the
premises on which such violation occurs. The City Manager, or his designee, shall mail a
Notice of Surcharge to the violator upon imposition of a surcharge. Continued violations
after receipt of the Notice of Surcharge shall be cause for discontinuance of water service
to such premises. Receipt of the Notice of Surcharge shall be presumed three(3)days after
mailing by the City Manager, or his designee.
E. Unlawful Act. It is a petty misdemeanor for any person to violate any provision of this
Subdivision.]
A. Definition. For purposes of this subdivision, a "water emergency" means a critical water
deficiency declared by the Governor pursuant to Minn. Stat. § 103G.291 or a declaration
by the City Manager pursuant to subsection B of this subdivision.
B. Declaration. The City Manager is authorized to declare a water emergency when he or she
determines that the water pressure and available water in the City water system reaches a
level which endangers the public health or safety of residents and other persons in the City.
C. Notice. Upon the declaration of a water emergency by the Governor or the City Manager,
the City will immediately post notice of the emergency declaration on the principal City
bulletin board and on the front page of the City website. The City will notify the public as
quickly as possible of applicable water supply plans, emergency response plans, and
procedures.
D. Prohibited Uses. Upon declaration of a water emergency and notification to the public,the
following uses of water, whether from the City water system or a private water supply, are
prohibited as long as the water emergency remains in effect:
1. Irrigation of yards, gardens, golf courses,parklands, and other non-agricultural
land, except for those areas irrigated with reclaimed water.
2. Washing or spraying of sidewalks, driveways, parking areas, tennis courts, patios,
or other paved areas with water from any pressurized source, including garden
hoses, except to alleviate immediate health or safety hazards.
3. The use of any water-based play apparatus connected to a pressurized source.
4. Restaurants and other food service establishments are prohibited from serving
water to their customers, unless water is specifically requested by the customer.
5. Operation of outdoor misting systems used to cool public areas.
6. The filling of swimming pools, fountains, spas, or other exterior water features.
7. The washing of automobiles, trucks, trailers, and other types of mobile equipment,
except at facilities equipped with wash water recirculation systems,and for vehicles
requiring frequent washing to protect public health, safety, and welfare.
E. Variance. The Director of Public Works may grant a variance from the restrictions of this
subdivision where strict application of its provisions would result in serious hardship to a
user. A variance may be granted only for reasons involving health or safety. An applicant
may appeal the denial of a variance within five (5) days of the decision by submitting a
written request for appeal to the City Clerk. The City Manager shall hear the appeal within
fourteen(14) days of the date the City Clerk receives the request.
F. Violations.
1. Notice. Upon determination that a person is using water in violation of the
restrictions and prohibitions imposed under this subdivision,the City will deliver a
written notice to the owner of the premises on which the use is occurring. For the
purpose of giving notice, the address of such owner will be determined by the City
Clerk from records available to the public. The notice will describe the violation,
specify the required remedy, and state that failure to comply will result in a
surcharge on the water bill for the premises as provided in the following paragraph.
2. Surcharge. Failure to comply with restrictions and prohibitions imposed under this
subdivision after receipt of a written notice under the preceding paragraph will
result in a surcharge for water service for each day of violation in an amount
determined by resolution of the City Council,which surcharge shall be added to the
water bill for the premises on which such violation occurs. The City shall mail a
Notice of Surcharge to the violator upon imposition of a surcharge. Continued
violations after receipt of the Notice of Surcharge shall be cause for discontinuance
of water service to such premises. Receipt of the Notice of Surcharge shall be
presumed three (3) days after mailing by the City.
3. Citation. In addition to the surcharge provided for in the preceding paragraph, any
person violating the restrictions or prohibitions imposed under this subdivision may
be issued a petty misdemeanor citation.
Subd. 12. Water Use Restrictions
A. A person may[water,sprinkle,] irrigate[;] or otherwise use water from the City's Municipal
Water System for lawn areas, grass, or turf [(hereinafter referred to as "irrigation" or
"irrigate")] only on alternating days.
C. No person may [water, sprinkle] irrigate[;] or otherwise use water from the City's
Municipal Water System for lawn areas, grass, or turf during the hours of 12:01 p.m.
through 5:00 p.m. of any day.
D. Upon written request and approval by the City Manager, or his designee, and subject to
such terms and conditions imposed by the City Manager, or his designee, with respect to
such approval, the following persons may be authorized to [water, sprinkle] irrigate or
otherwise utilize water from the City's municipal water system for lawn areas, grass or turf
at times other than as permitted in Subparagraph A and B hereof:
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 3.99 entitled "Violation a
Misdemeanor or Petty 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 4th day
of December, 2018 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 8th day of January, 2019.
Kathleen Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on .
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CITY CODE CHAPTER 3 RELATING TO WATER EMERGENCIES; AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99 WHICH,AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Chapter 3 relating to water emergencies
by: (1) revising Section 3.30, subdivision 6, to address a water emergency declared by either the
Governor or by the City Manager and providing for notice to the public, detailing the types of
water restrictions that will go into effect,providing for a variance process, and including penalties
for violations; and (2) adding definitions for "irrigation," "reclaimed water," and "water
recirculation system" in Section 3.01 and making other minor amendments to Section 3.30 to
account for the new definitions.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 8th day of January, 2019.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. is lengthy.
B. The text of summary of Ordinance No. , attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title
and summary of the Ordinance will clearly inform the public of the intent and effect
of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on January 8, 2019.
Ron Case, Mayor
SEAL
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.:
Rick Getschow Adopt a resolution approving the IX.D.
City Manager, Administration decertification of Tax Increment Financing
District No. 18 (Bluffs at Nine Mile Creek
Apartments) of the City of Eden Prairie.
Requested Action
Move to: Adopt a resolution approving the decertification of Tax Increment Financing
District No. 18 (Bluffs at Nine Mile Creek Apartments) of the City of Eden Prairie.
Synopsis
On April 16, 2002, the City of Eden Prairie created Tax Increment Financing District No. 18 and
entered into a contract with Eden Prairie Leased Housing Associates I, Limited Partnership. The
District provided funding for qualified costs over the life of the district and the developer rented
low-income units to qualifying individuals.
The City's obligation is paid and the district can be decertified.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
BEING A RESOLUTION APPROVING THE DECERTIFICATION OF TAX
INCREMENT FINANCING DISTRICT NO. 18 OF THE CITY OF EDEN PRAIRIE
WHEREAS, on April 16, 2002, the City of Eden Prairie (the "City") created its Tax
Increment Financing District No. 18, (the "District") within its Redevelopment Project No. 5 (the
"Project"); and
WHEREAS, on December 31, 2018 the tax increment bonds to which tax increment from
the District have been paid in full; and
WHEREAS, all other costs of the Project have been paid; and
WHEREAS,there are no parcels located in the District which have delinquent taxes when
the District terminated under the duration limits; and
WHEREAS,the nonpayment of property taxes has not caused the outstanding bonds; and
WHEREAS, the City desires by this resolution to cause the decertification of the District
after which all property taxes generated by property within the Districts will be distributed in the
same manner as all other property taxes beginning January 1, 2019.
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie
that the City's staff shall take such action as is necessary to cause the County Auditor of Hennepin
County to decertify the Districts as tax increment districts and to no longer remit tax increment
from the Districts to the City.
ADOPTED by the Eden Prairie City Council this 8th day of January, 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of City Manager Designate Official Meeting Dates, Times and IX.E.
Administration Locations for Board& Commission Meetings
Requested Action
Move to: Adopt Resolution designating the official meeting dates, time and location for City
Council appointed Boards and Commissions during 2019.
Synopsis
The schedule of regular meetings for the City's Boards and Commissions is established by the
City Council on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION DESIGNATING THE OFFICIAL
MEETING DATES, TIME AND LOCATION
FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2019
BE IT RESOLVED,that the City Council of the City of Eden Prairie, Minnesota and the
City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City
Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. The Human Rights
and Diversity Commission will meet at the Eden Prairie Center mall, Housing and Human
Services Office. Additional workshops may be called if determined necessary by the Commission
Chair and the Staff Liaison. Any regularly-scheduled meeting which occurs on a day when
elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of
Order will prevail.
Board / Commission Scheduled Meeting Dates
Local Board of Appeal and Equalization Thursday,April 18 and Monday, May 6
Conservation Commission 2nd Tuesday
Flying Cloud Airport Advisory Commission Quarterly(2nd Thursday of January,April, July&October)
Heritage Preservation Commission 3rd Monday(4th Tuesday of January beginning at 6:30
p.m.;4th Monday of February; 3rd Tuesday of May)
Human Rights&Diversity Commission 2nd Thursday
Parks, Recreation&Natural Resources Pt Monday(2nd Monday of July and September; Meet at
Commission 6:00 p.m. in July)
Planning Commission 2nd and 4th Mondays(4th Tuesday in May; only 3rd Monday
in November;No meeting on 4th Monday of December)
ADOPTED by the Eden Prairie City Council this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar Authorize Treasurer or Deputy Treasurer to IX.F.
Finance Invest City of Eden Prairie Funds
Requested Action
Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to
invest City of Eden Prairie funds.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO
INVEST CITY OF EDEN PRAIRIE FUNDS
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin,
that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with
any bank, or other financial institution authorized to do business in the State of Minnesota in
Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or
any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and
Repurchase Agreements and any other security authorized by law. The City Treasurer shall
maintain adequate collateral for funds deposited.
ADOPTED by the City Council of the City of Eden Prairie on this 8tn day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar Authorize Treasurer or Deputy Treasurer to IX.G.
Finance Make Electronic Fund Transfers for the City of
Eden Prairie
Requested Action
Move to: Adopt the resolution authorizing the City Treasurer or Deputy Treasurer to
make electronic fund transfers for the City of Eden Prairie.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY
TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR
THE CITY OF EDEN PRAIRIE
BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin,
that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any
bank, or other financial institution authorized to do business in the State of Minnesota, for
investments of excess cash,payment of bond principal, bond interest and a fiscal agent services
charges, monthly sales tax, state payroll withholdings and other banking transactions deemed
appropriate by the Treasurer or Deputy Treasurer.
ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar Authorize City Officials to Transact Banking IX.H.
Finance Business
Requested Action
Move to: Adopt the resolution authorizing the persons holding the office as Mayor,
Manager and Treasurer or Deputy Treasurer to act for the City of Eden Prairie
in the transaction of any banking business with the official depositories.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of
the City of Eden Prairie,be and they hereby are, authorized to act for the City in the transaction of
any banking business with the official depositories (hereinafter referred to as the banks). Unless the
City provides written notice to the contrary, this authorization includes the authority to sign checks
against said account, which checks will be signed by the Mayor, Manager and City Treasurer or
Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against
such account which is signed as above described, whether or not said check is payable to the order
of, or deposited to the credit of, any officer or officers of the City including the signer or signers of
the check.
BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an
alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the
Treasurer.
ADOPTED by the City Council of the City of Eden Prairie this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar Designate Official Depository IX.I.
Finance
Requested Action
Move to: Adopt the resolution designating US Bank of Eden Prairie as the official
depository for the public funds of the City of Eden Prairie.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking
business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of
the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain
adequate collateral for funds in the depository.
ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar Authorize Use of Facsimile Signatures by Public IX.J.
Finance Officials
Requested Action
Move to: Adopt the resolution authorizing the use of facsimile signatures of the Mayor,
the City Manager and the Treasurer on checks, drafts, warrants, vouchers or
other orders on public funds deposited.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES
BY PUBLIC OFFICIALS
BE IT RESOLVED, that the use of facsimile signatures by the following persons:
Ron Case, Mayor
Rick Getschow, City Manager
Susan Kotchevar, Treasurer
on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved
and that each of said named persons may authorize the depository bank to honor any such
instrument bearing her/his facsimile signature in such form as she/he may designate and to charge
the same to the account in said depository bank upon which drawn, as fully as though it bore her/his
manually written signature and that instruments so honored shall be wholly operative and binding in
favor of said depository bank although such facsimile signature shall be affixed without her/his
authority.
ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar Authorize Payment of Certain Claims by Finance IX.K.
Finance Department Without Prior Council Approval
Requested Action
Move to: Adopt a resolution authorizing payment of certain claims by the Finance
division without prior Council approval.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT
WITHOUT PRIOR COUNCIL APPROVAL
BE IT RESOLVED, that the following types of claims may be paid by the City Manager,
Treasurer, or Deputy Treasurer, without prior approval by the City Council.
Contracted items (utilities, rent, land, school, conference and related travel expenses, easements,
construction, etc.)
Payroll Liabilities Refunds
Postage Programmed Professional Performances
Petty Cash Invoices which offer discounts or have interest added
Licenses and Fees Payments to vendors not allowing charge accounts
Tickets paid by registration fees Motor vehicle registrations
Employee expenses Insurance
Amounts due to other government agencies Liquor store inventory items
Police "buy" money Payments to comply with agreements,purchases, or
invoices which contain a fixed time for payment
ADOPTED by the City Council of the City of Eden Prairie on this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO.
Police, Chief Greg Weber Approval of 2019 Towing Services IX.L.
Agreement
Requested Action
Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and
Matt's Auto Service.
Synopsis
This agreement for towing services will provide consistency of towing services and costs.
Background
For 53 years, Matt's Auto Service has been the official towing agency for the City of Eden Prairie.
Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service
provides towing/impoundment services for several other local police departments including Minnetonka,
Hopkins, Deephaven, Hennepin County Sheriff and State Patrol. This is a renewal of the 2018
agreement. The proposed agreement has been reviewed and approved by the City Attorney.
Attachment
Agreement
2019
AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this 2nd day of January, 2019, between the
City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 ("City"), and Matt's
Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor").
In consideration of the mutual covenants contained herein, the City and
Contractor agree as follows:
1. Contractor's Services. The Contractor agrees to provide all services
required by the City for towing of "vehicles," as that term is defined in Minn. Stat. §
169.011, Subd. 92. These services shall be provided in accordance with the terms of this
Agreement. The Contractor shall furnish the equipment, personnel, supplies, and
facilities sufficient to fulfill all the terms of this Agreement.
2. Personnel. All drivers provided for the towing of vehicles shall be
checked for driver's license and warrants by the City of Eden Prairie Police Department
(hereinafter, the "Police Department") prior to their assignment. Contractor agrees to
train all drivers in the proper towing of vehicles containing hazardous materials in
accordance with federal and state laws.
3. Storage Facility. The Contractor shall provide a storage facility for towed
vehicles which shall be fenced and locked in a secure manner. The facility shall have
space for no fewer than 150 vehicles and shall be located within one mile of the City
limits.
4. Operation. No vehicle shall be towed under this Agreement without
specific authorization from an employee or agent of the City. All vehicles shall be
towed, not driven (except when authorized) without damage to the vehicles, to the
storage facility. Contractor shall maintain and provide a telephone answering service 24
hours a day for the purpose of receiving requests for service pursuant to this Agreement,
and provide and maintain mobile radio service with all towing units.
5. Notification of Owner. Upon the deposit of a towed vehicle in the storage
facility, the Contractor shall, within 72 hours, send to the registered owner a notice by
certified mail specifying the date and place of the tow, the year, make, model, and serial
number of the vehicle towed, if such information can be reasonably obtained, and the
procedure to reclaim the vehicle. A record of this notice shall be retained by the
Contractor.
6. Release. No vehicle shall be released without proper proof of ownership.
Vehicles ordered held by the Police Department ("Police Hold") shall not be released
without written authorization from the Police Department. Vehicles not kept on a Police
Hold shall be released by the Contractor after obtaining proper proof of ownership and
proof of current insurance coverage if the vehicle is to be driven out of the storage
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facility. The Contractor reserves the right to specify the manner of payment for all
charges and fees. The Contractor agrees to supply personnel and reasonable hours of
operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m.
Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on
Sundays and holidays. Contractor agrees to provide emergency service beyond those
hours at the request of the Police Department.
7. Towing and Storage Charges. The 24-hour towing rate schedule for the
term of this Agreement for City of Eden Prairie impounded vehicles is:
TOWING RATES
Impounded vehicles $135.00
Trailering impounded vehicles (additional) $5 minimum
Accidents $145.00*
Lowboy & Tractor service $95/hour minimum
Dollies (Additional) $25.00/45.00
Winching (Additional) $45 small truck
$225 big truck*
Semi truck tractors and trailers $100 minimum*
On-scene additional labor charges $25.00/45.00/hour minimum
*additional labor charges may be imposed depending on the specific equipment or labor
needed at the scene.
STORAGE RATES
Cars and pickup trucks $30.00/day
Two wheel motor vehicles,
mopeds, ATVs, and snowmobiles $45.00/day
Inside storage $45.00/day
Tractor-trailers, large trucks $45—$65/day
Note: (1) Vehicles not able to be towed by conventional means due to unusual
factory or after-market equipment installed will be towed at the lowboy
and tractor service rate plus additional labor charges which the Contractor
must justify.
Note: (2) Additional labor charges may include, but are not limited to, unlocking
vehicles, disconnecting transmission linkages or driveshafts, unusual road
clean up, snow shoveling, any additional equipment needed, and vehicles
located off the main roadways. Labor charges must be justified by the
Contractor.
All towing or storage charges shall be the responsibility of the vehicle owner, except that
(a) public safety vehicles requiring towing within the City shall be towed without charge
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to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be
returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee
for vehicles impounded by the City and abandoned by the owner that require disposal at
the Contractor's expense pursuant to paragraph 10 of this Agreement. Any such fees
charged by the Contractor shall be deducted from the administrative fees owed by the
Contractor pursuant to paragraph 9 of this Agreement.
8. Forfeited Vehicles. Vehicles towed and stored pursuant to
seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and
subsequently released to the registered owner or lien holder shall be towed and stored
pursuant to the following guidelines:
(a) Rates
(i) Vehicles released within 15 days of impound (0-15 days) shall be
charged the towing and storage fees outlined in paragraphs 6 and 7.
(ii) Vehicles released up to 60 days after impound (16-60 days) shall
be charged a $200.00 flat fee.
(iii) Vehicles released more than 60 days after impound (61+ days)
shall be charged a $200 flat fee plus $5 per day beginning on the 61'day.
(b) Notification
(i) If the registered owner or lienholder collects the vehicle within 4
days of the date of release of the hold, the Contractor shall charge no
additional storage rates beyond those outlined in(a)(i)—(iii), above.
(ii) If the registered owner or lienholder fails to collect the vehicle
within 2 days of the date of release of the hold, the Contractor shall send
notification to the registered owner or lienholder via certified mail to
collect the vehicle. If the registered owner or lienholder does not collect
the vehicle within 4 days from the date the Contractor mailed the
notification, the Contractor shall charge the applicable storage rate
outlined in paragraph 7, beginning on the 5th day after the notification was
mailed.
(iii) If the Contractor is required to send notice by certified mail, the
Contractor shall also charge to the registered owner or lienholder $25.00
to cover staff time and materials.
Release of such vehicles shall be governed by Minnesota Statutes §§ 609.531 to
609.5318, § 169A.42, and § 169A.63. Any storage or towing fees paid to the Contractor
by the registered owner or lien holder which have already been paid by the City shall be
reimbursed to the City by the Contractor.
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9. Transfer to Long-Term Storage Facility. At the City's request, the
Contractor agrees to transport vehicles from its facility to a long-term storage facility
designated by the City. The City agrees to pay to the Contractor $115 for each vehicle
transported by the Contractor to the long-term storage facility.
10. Records and Reports. The Contractor shall prepare an annual report of all
vehicles towed, stored, released, and still held by the Contractor in a form acceptable to
the City (the "Annual Towing Report"). The Annual Towing Report shall include the
reasons why, if any, vehicles towed have not been released. The Contractor shall file the
Annual Towing Report with the Police Department on or before December 31 of each
year for the preceding twelve-month period. All records of services provided by the
Contractor pursuant to this Agreement shall be available for inspection by the City upon
request.
11. Administrative Fees. The Contractor agrees to pay the City $3.00 for
clerical and administrative expenses for each vehicle referenced in the Annual Towing
Report filed with the Police Department. The Contractor shall pay these fees annually at
the same time that the Contractor files the Annual Towing Report as provided in
paragraph 9. Vehicles not claimed and destroyed by the Contractor will be exempt from
the administrative fee.
12. Sales and/or Disposal. When the total of all charges for towing, storage,
and other charges equals or exceeds the value of the vehicle impounded, the Contractor
shall, with the permission of the Chief of Police of the Police Department, sell the vehicle
at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of
Police may authorize the lawful sale of other vehicles when so requested by the
Contractor after proper notification has been made to the registered owner. The
Contractor shall report all transactions of sale or disposal, including the proceeds
received, in the Annual Towing Report. The Contractor shall keep records and prepare
an annual summary report by January 31, 2019, of all losses and profits from the sale or
disposal of vehicles towed pursuant to this Agreement.
13. Liability. The Contractor shall be responsible for the loss of, or damage
to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor
or his agent, from the time the Contractor, its employees or agents take custody of the
vehicle, including by signing the receipt for the vehicle, by hooking or hoisting the
vehicle, or by any other means. The Contractor shall be responsible for the safekeeping
of personal property within or on the vehicle as identified on the vehicle impound form.
14. Indemnification. The Contractor shall indemnify, hold harmless, and
defend the City, its employees, and agents from and against all claims, damages, losses,
and expenses, including attorneys' fees, which the City may suffer or for which it may be
held liable because of bodily injury, including death, or damage to property, including
loss of use, arising out of any act or omission of the Contractor, its employees, agents, or
subcontractors in the performance of this Agreement.
}
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15. Insurance. The Contractor shall obtain and maintain liability insurance for
coverage of not less than the following amounts:
Hazardous Load As required by state and federal law
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,000,000 each occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed
Operations Aggregate
$1,000,000 personal and advertising
injury
$10,000 medical expense
Automobile Liability $1,000,000 combined single limit
each accident (shall include coverage
for all hired, scheduled, and non-
owned autos)
Umbrella or Excess Liability $2,000,000
Motor Cargo Coverage $200,000/$1,000 deductible
The insurance shall cover all operations under this Agreement, whether
undertaken by the Contractor, subcontractors, or anyone employed or retained by them.
Coverage for bodily injury and property damage shall be written under comprehensive
general and comprehensive automobile liability policy forms, including coverage for all
owned, hired, and non-owned motor vehicles. The insurance shall also cover the
indemnification liability set forth in paragraph 14. All insurance policies required by this
paragraph shall include a provision stating that the policy may not be canceled,
terminated, or reduced except upon thirty (30) days written notice to the City.
The insurance company shall deliver to the City certificates of all required
insurance on a form provided by the City, signed by an authorized representative. The
representative shall have in effect errors and omissions coverage in limits of not less than
$100,000 per occurrence and $300,000 aggregate.
16. Non-Discrimination. The Contractor agrees during the life of this
Agreement not to discriminate against any employee, applicant for employment, or other
individual because of race, color, sex, age, creed, national origin, or any other basis
5
prohibited by federal, state, or local laws. The Contractor will include a similar provision
in all subcontracts entered into for performance of this Agreement.
17. Subcontractors. The Contractor shall not subcontract all or any portion of
this Agreement without the prior written approval of the City, except for assistance in
emergency or unforeseen circumstances. All subcontractors shall be bound by and
covered by all terms of this Agreement.
18. Agreement Period. This Agreement shall be effective as of January 2,
2019, and terminate on January 15, 2020 or upon commencement of a renewal of this
Agreement, whichever first occurs. This Agreement may be renewed from year to year
on the same terms and conditions upon the mutual written consent of the City and the
Contractor. This Agreement may also be terminated by either party upon fifteen (15)
days written notice if the other fails to perform in accordance with the terms of this
Agreement through no fault of the terminating party.
19. Independent Contractor. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
20. Notices. Any notice required or permitted to be given by any party upon
the other is given in accordance with this Agreement as follows: (1) if it is directed to the
City, by delivering it personally to an officer of the City; (2) if it is directed to the
Contractor, by delivering it personally to an officer of the Contractor; (3) if mailed in a
sealed wrapper by United States registered or certified mail, return receipt requested,
postage prepaid; (4) if sent via email, followed by deposit in the U.S. mail, but failure to
follow the email with mailed notice does not negate the validity of the emailed notice; or
(5) if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows:
If to the City: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Greg Weber, Chief of Police
Email: gweber@edenprairie.org
If to Buyer: Matt's Auto Service, Inc.
6282 Industrial Drive
Eden Prairie, MN 55346
Attn:
Email:
Notices shall be deemed effective on the earlier of the date of receipt or the date of
deposit as aforesaid, provided, however, that if notice is given by deposit, that the time
for response to any notice by the other party shall commence to run one business day
I
6
after any such deposit. Any 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.
22. Compliance with Laws. In providing services pursuant to this Agreement,
the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to
the performance of this Agreement. Any violation shall constitute a material breach of
this Agreement and entitle the City to terminate this Agreement.
22. Audit. 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 as
appropriate.
23. Payment to Subcontractors. The Contractor shall pay any subcontractor
within ten (10) days of the Contractor's receipt of payment from the City for undisputed
services provided by the subcontractor. The Contractor shall pay interest of one and one-
half percent (11/2%) per month or any part of a month to a subcontractor on any
undisputed amount not paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual amount due to the
subcontractor.
24. Data Practices Act Compliance. This Agreement is subject to the
Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 ("Data
Practices Act"). All government data, as defined in the Data Practices Act Section 13.02,
Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated
by the Contractor in performing any of the functions of the City during performance of
this Agreement is subject to the requirements of the Data Practice Act and the Contractor
shall comply with those requirements as if it were a government entity. All subcontracts
entered into by Contractor in relation to this Agreement shall contain similar Data
Practices Act compliance language.
25. Final Payment. The City may withhold from any final payment due the
Contractor such amounts as are incurred or expended by the City on account of the
termination of the Agreement.
26. Agreement Review. The Contractor reserves the right to renegotiate
certain fees should fuel prices rise significantly during the term of this Agreement.
27. Whole Agreement. This Agreement embodies the entire agreement
between the parties including all prior understanding and agreements, and may not be
modified, except in writing, signed by all parties.
7
MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE
By �. 17%2Xdytt By
Its Owner Its Mayor
By
Its City Manager
Dated: — I 9 Dated:
8
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT: ITEM DESCRIPTION: ITEM NO.:
Disaster Recovery (DR) Site HP server IX.M.
Aditi Salunke, IT Manager replacement
Requested Action
Move to approve quote and authorize purchase and implementation of HP servers at the
Community Center Data Center (Disaster Recovery Site) from Xigent Solutions, LLC in the
amount of $46,000. The quote incudes 5 years of support including updates and patch
management.
Synopsis
The HP servers at our DR Site are over 7 years old and in need of replacement.
Background
The 3 HP servers at our DR site are backup for our virtual server environment. These were
purchased in 2011 and are in need of replacement. As proposed, these servers will be replaced
with 2 HPE DL360 GEN10 512 GB RAM servers.
IT Worked with Works LLC, a subsidiary of Paragon Development Systems, Inc. (PDS) and
Xigent to obtain quotes for this project. Both quotes are significantly lower than the MN State
Contract of $46,792.90 for hardware, with Xigent ($36,376.92) a little lower than Works
($38,000). While Xigent estimates a longer time and higher cost for implementation, this is only
an estimate
Recommendations
The IT division recommends moving forward with Xigent for this project. We have worked with
Xigent staff to replace our SAN (Storage Area Network) in January 2018. Based on recent
experiences with SAN replacement project as well as a few past projects, and also taking into
consideration that Works is unable to guarantee their hardware pricing, we believe Xigent has
the required expertise and knowledge of our environment to ensure a successful implementation.
Attachments
Xigent Agreement(includes Exhibit A- Quote &Exhibit B— Statement of Work)
Works Quote
Contract for Goods and Services
This Contract ("Contract") is made on the 8th day of January, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter "Xigent")
whose business address is 17200 Medina Road, Suite 800, Plymouth, MN 55447-1295.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of Xigent 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
Xigent for Purchase and Implementation of a new Servers hereinafter referred to as the "Work".
The City and Xigent agree as follows:
1. Scope of Work. Xigent agrees to provide, perform and complete all the provisions of the
Work in accordance with attached Exhibit A (EP-HP DL360 Servers) and Exhibit B (City of
EP-SOW-Server Implementation). Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A or Exhibit
B 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 Xigent Solutions, LLC.
3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent
quote as full and complete payment for the goods, labor, materials and/or services rendered
pursuant to this Contract and as described in Exhibit A and Exhibit B.
4. Method of Payment. Xigent shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid in
the same manner as other claims made to the City.
5. Staffing. Xigent has designated John Kutz to perform the Work. They shall be assisted by
other staff members as necessary to facilitate the completion of the Work in accordance with
the terms established herein. Xigent may not remove or replace the designated staff without
the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
6. Standard of Care. Xigent 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.
7. Insurance.
a. General Liability. Xigent 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. Xigent shall provide City with a Certificate of Insurance
verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Xigent shall secure and maintain such insurance as will
protect Xigent 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
Xigent's services under this Contract.
c. Comprehensive Automobile Liability. Xigent shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Xigent 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 Xigent, its agents, contractors and
employees, or any negligent or intentional act or omission performed, taken or not performed
or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will
indemnify and hold Xigent harmless from and against any loss for injuries or damages arising
out of the negligent acts of the City, its officers, agents or employees.
9. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN
CONNECTION WITH THIS AGREEMENT, EVEN IF INFORMED IN ADVANCE OF
THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION,
LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST
PROFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
XIGENT'S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION
TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR
OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS
AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS, REMEDIES AND
LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE
NATURE OF THE SERVICES, PRICING, AND RELATIONSHIP BETWEEN THE
PARTIES AND CONSTITUTE A NEGOTIATED AND AGREED UPON ALLOCATION
OF RISK.
10. Warranty. Xigent 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.
11. Limited Warranties and Representations.
a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the
Standard Purchasing Contract 2017 06 01 Page 2 of 6
Services in a manner consistent with the terms of this Agreement.
b. By City. City warrants and represents that it has the full right,power, authority or permission
to arrange for and authorize the performance of the Services and to agree to its obligations with
respect to the Equipment consistent with the terms of this Agreement.
c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES
PROVIDED IN THIS AGREEMENT, THE PARTIES MAKE NO OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW,
THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE
EXPRESSLY WAIVED AND DISCLAIMED.
d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within
thirty (30) days of City knowing or reasonably believing that the Services performed are
nonconforming or defective otherwise such claim is waived. City shall take all reasonable
action to mitigate damages and provide Xigent a reasonable opportunity to cure any
nonconformance or defects in Services. Any other claims by City that related to the Services
must be delivered in writing to Xigent within one (1) year from the date such Services were
completed or such claim is waived.
12. 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 Xigent, Xigent shall be paid for services rendered until the
effective date of termination.
13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent
contractor and not an employee of the City. No statement herein shall be construed so as to
find Xigent an employee of the City.
14. Subcontract or Assignment. Xigent shall not subcontract any part of the services to be
provided under this Contract; nor may Xigent assign this Contract, or any interest arising
herein, without the prior written consent of the City.
15. Services Not Provided For. No claim for services furnished by Xigent not specifically
provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 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, Xigent 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, Xigent shall not be entitled
to recover punitive, special or consequential damages or damages for loss of business.
19. Employees. Xigent agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Xigent 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. Xigent 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.
23. Non-Discrimination. During the performance of this Contract,Xigent shall not discriminate
against any employee or applicants for employment because of race, color, creed, religion,
Standard Purchasing Contract 2017 06 01 Page 4 of 6
national origin, sex, marital status, status with regard to public assistance, disability, sexual
orientation or age. Xigent 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. Xigent 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. Xigent 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 Xigent not specifically
provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall
not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of Xigent or other parties relevant to this Contract are subject to examination by
the City and either the Legislative Auditor or the State Auditor for a period of six (6) years
after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by Xigent under this Contract which the City requests to be kept confidential,
shall not be made available to any individual or organization without the City's prior written
approval. This Contract is subject to the Minnesota Government Data Practice Act,
Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the
Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored,used,
maintained, or disseminated by Xigent in performing any of the functions of the City during
performance of this Contract is subject to the requirements of the Data Practice Act and
Standard Purchasing Contract 2017 06 01 Page 5 of 6
Xigent shall comply with those requirements as if it were a government entity. All
subcontracts entered into by Xigent in relation to this Contract shall contain similar Data
Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect,in any respect,the validity of this Contract. •
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
XIGENT
By: i
Its: 1 if 511e/I
Standard Purchasing Contract 2017 06 01 Page 6 of 6
CONFIDENTIAL
rXRGENT
I:_77 F:a Exhibit A
Xigent Solutions,LLC
17200 Medina Road,Suite 800 Quotation: HPE D1360 Gen 10
Plymouth,MN 55447-1295 Date: 12.6,18
Contact: James Goldenstein
Andrew Schmelzle Cuftomer Information
P: (651)495-5787 Enduser: City of Eden Prairie
F: (952)525-0707 8080 Mitchell Road
M:(612)396-5151 Eden Prairie,MN 55344
® schme zlea( nloentsolutions.corn Email: laoldensteinaedenpralrle.erq
�C] Www.xlggntsolulions.coin
This quote is valid for ten(10)days from date of issue. Quote Summary-Servers
(2)HP DL360 Gen 10 Servers-512 GB RAM Per
5 earsu..ort
Qty Product ID 'TDesem.:. - — — - Total
HMRDWARE
2 HPE 01.350 GEN10 512 GB RAM $ 3,748.50
2 HPE DL360 GEN10 XEON-S 4112 KIT $ 1,228.50
32 HPE 32GB 2RX4 PC4-2666V-R SMART KIT $ 20,860.80
6 HPE 600GB SAS 15K SFF SC DS HDD $ 4,855.50
2 HPE 500W FS PLAT HT PLG LH PWR SPLY KIT 5 463.50
SERVICES
Professional Services-Implementation(20-40 hrs) 4000-8000
MAINTENANCE
HPE Syr Foundation Care Next Business Day Service with Comprehensive S 5,220.12
Total Hardware $ 31.156,30
Total Software $ -
Total Services 4000.9000
Total Fraintaria'Ice $ 5,220.12
Additional incente $ -
Shipping&Handling Estimate
FIN stale Sales Tae(NA) $ -
Quote Total 40376.92-44376.92
Page 1 CoEP-HPE DL360 Servers-11 15 18
141111111.111111111111111.
Afr...1.44461/4xIGENT
SOLUTIONS
Business Efficient IT
VMware Host Install
Exhibit B
John Kutz
John.kutz@xigentsolutins.com
17200 Medina Road,Suite 800 • Plymouth,MN 55447 • 763-398-6869
2200 West 46th Street • Sioux Falls,SD 57105 • 605-332-5997 800-298-9543 • xigentsolutions.com
THIS DOCUMENT CONTAINS XIGENT CONFIDENTIAL AND PROPRIETARY INFORMATION. DO NOT COPY OR DISTRIBUTE WITHOUT
PERMISSION.
r 'XIGENT
STATEMENT OF WORK
PROJECT SUMMARY & SCOPE
Project Overview
• Xigent, through its employees or other agents shall provide to Client the Services
described below.
Project Scope
Xigent will provide certified engineers to perform the planning and installation of 2
vSphere Hosts in the backup datacenter.
Deliverables
Outcome Deliverable Description
Xigent will configure 2 HP DL360 As Built
G10 Servers to support vSphere documentation
Server Hardware
6.x. of new servers
and storage.
Changes
If Client requires work to be performed that is outside the scope of this SOW the following
process will be used to identify, evaluate and approve the change in scope:
• Client submits a change request using the Change Request Form (Exhibit A). If necessary,
supporting documentation must be included to provide sufficient detail for Xigent to
evaluate the request.
• Xigent receives Change Request and evaluates the feasibility of the request and defines
the solution. Xigent estimates the hours required to complete the request and impact to
the schedule.
• Xigent updates the Change Request Form and returns it to the client for review and
approval.
• If client approves the request, Xigent schedules resources to implement. If the request is
not approved, no further action is taken.
City of Eden Prairie—DR Hosts/Runbook- Professional Services SOW v1.0
Page 1 of 4
ib4XIGENT
STATEMENT OF WORK
Out of Scope
Xigent is responsible to perform only the Services described in this SOW unless mutually agreed
upon and defined in a change request. Services outside the scope include, but are not limited
to:
• Projects, implementations or training not noted within this SOW.
PROJECT SCHEDULE & TIMELINE
Service delivery will be scheduled following Xigent's receipt of the signed SOW and an
accompanying purchase order. Scheduled dates for meetings and deliverables will be mutually
agreed upon by Client and Xigent. All scheduled work will be conducted during normal
business hours (Monday through Friday, between 8 AM and 5 PM CST), unless otherwise agreed
upon by Client and Xigent.
Should you require more aggressive scheduling, please contact your Service Delivery Manager
to determine availability.
- Email: john.kutz@xigentsolutions.com
ASSUMPTIONS
Xigent made certain assumptions while specifying the deliverables detailed in this SOW. It
is the Client's responsibility to identify any incorrect assumptions and take immediate
action which will make all of Xigent' assumptions correct. Xigent has made the following
specific assumptions while specifying the Services detailed in this SOW:
• Documentation is limited to what is outlined in the Deliverables section of this document.
Any additional documentation will be considered a change in scope and, as such, may
affect both schedule and budget.
• Xigent staff shall not be asked to perform, nor volunteer to perform, engineering and/or
consulting tasks that are outside their skill sets and experience. Xigent has the right to
decline a Service request if the request falls outside the scope of this Statement of Work.
• An assumption was made associated with the data change rate which affects the amount
of bandwidth needed for replication to the co-location site to maintain desired client
RPO/RTO.
• An assumption was made associated with data retention needs which impacts the amount
of storage needed at the co-location site.
ROLES & RESPONSIBILITIES
Xigent Responsibilities
Xigent is responsible for completing the work and developing the deliverables for the service.
Xigent will provide trained, and where specifically required, certified professional(s) to perform
the work and serve as a 'trusted advisor' to the Client.
City of Eden Prairie—DR Hosts/Runbook- Professional Services SOW v1.0
Page 2 of 4
(GENT
Air I. STATEMENT OF WORK
Client Responsibilities
• Perform backups of all systems affected by Services performed in this SOW. Xigent is not
responsible for lost data.
• Provide all hardware and/or software and licensing required outside of the Services
provided, including ensuring that all wiring, hardware, and software required to perform
the Services are in working order.
• Provide at least one (1) technical contact with system administration responsibilities and
appropriate levels of access privileges to systems and information.
• Respond to Xigent requests that Client resources work on issues and tasks not directly
stated in this Statement of Work but have a direct impact on the successful completion of
tasks related to the service provided.
• Provide the necessary administrative usernames and passwords for Xigent resource(s) to
leverage and perform assigned tasks
• Provide VPN access to allow remote support and troubleshooting where applicable and
appropriate.
• Allow persistent secure tunnel and bandwidth connectivity to allow NetApp replication.
• Respond to Xigent requests that Client' resources work on issues and tasks not directly
stated in this Statement of Work but have a direct impact on the successful completion of
tasks related to the service provided.
TERMS & CONDITIONS
Completion Criteria
The Services to be performed and the deliverable are described above. Unless specifically stated
otherwise, the acceptance criteria will be the acceptance of the reported hours worked on by the
applicable Xigent consulting resource.
Fees & Invoicing
The Services outlined in this SOW will be provided on a time and materials basis. The total
estimated effort and fees for the Services identified in this SOW are listed in the table below.
These are estimates only and include time for preparation, task delivery, documentation, project
management, and travel. Xigent shall invoice Client monthly until project completion for all
Services and applicable travel costs. Xigent shall invoice Client monthly and at project
completion for all Services and applicable travel costs. Client shall remit payment for invoices
within (30) days. Xigent will summarize for Client the services performed and expenses incurred
when invoiced.
Travel within the 7 county Twin Cities, and Sioux Falls Metro areas will be billed a $90 trip
charge. Travel outside of Metro areas will be billed at $90/hour.
City of Eden Prairie—DR Hosts/Runbook- Professional Services SOW v1.0
Page 3 of 4
X1GENT
•`;� 1-f IONS STATEMENT OF WORK
Services Estimated Rate Estimated Fees
Hours ($/Hour) ($)
VMware Host Replacement/IT Services Disaster 20-40 $200 $4,000-8,000
I Recovery Plan
Travel I 'i $90 $90
Project Estimate $4,090-8,090
Cancellation and Termination
In the absence of a breach by Xigent of Xigent' obligations, if Client cancels the Service or if
Xigent terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay
Xigent fees for Services performed through the date of cancellation.
City of Eden Prairie—DR Hosts/Runbook- Professional Services SOW v1.0
Page 4 of 4
Doc#: 2014659 1 rev of 1
1801 American Blvd East Modified Date: Nov 27, 2018 09:58 AM CST
0 1 S Suite 12 Expiration Date: 2018-12-26
Bloomington, MN 55425 Description: Qty 2 DL360's with 512 GB RAM 5 yrs support
https://www.workscomputing.com salesrep: Kurt Ostrowski
(P) 952-746-1580
COMPUTING (F) 952-746-1585 (kurt.ostrowski@workscomputing.com)
Phone: (952) 500-2823
0 I Customer
City of Eden Prairie(ID24909)
8080 Mitchell Rd Ste 2
Eden Prairie, MN 55344
United States
(P) 952-949-8300
# Description Part# Qty Unit Price Total
1 HPE DL360 GEN10 8SFF CTO SERVER 867959- 2 $1,651.32 $3,302.64
B21
2 U.S. - ENGLISH LOCALIZATION 867959- 2 $0.00 $0.00
B21 ABA
3 HPE DL360 GEN10 XEON-S 4110 FIO KIT 860653- 2 $729.10 $1,458.20
L21
4 HPE DL360 GEN10 XEON-S 4110 KIT 860653- 2 $770.17 $1,540.34
B21
5 FACTORY INTEGRATED 860653- 2 $0.00 $0.00
B21 0D1
6 HPE 32GB 2RX4 PC4-2666V-R SMART KIT 815100- 32 $678.55 $21,713.60
B21
7 FACTORY INTEGRATED 815100- 32 $0.00 $0.00
B21 0D1
8 HPE ETHERNET 10GB 2-PORT 562FLR-SFP+ADPT 727054- 2 $419.48 $838.96
B21
9 FACTORY INTEGRATED 727054- 2 $0.00 $0.00
B21 OD1
10 HPE 500W FS PLAT HT PLG LH PWR SPLY KIT 865408- 4 $185.22 $740.88
B21
11 FACTORY INTEGRATED 865408- 4 $0.00 $0.00
B21 0D1
12 HPE ILO ADV 1-SVR LIC 3YR SUPPORT BD505A 2 $310.64 $621.28
13 FACTORY INTEGRATED BD505A 2 $0.00 $0.00
0D1
14 HPE BLC 10G SFP+ SFP+ 5M DAC CABLE 537963- 4 $147.91 $591.64
Ethernet 10GBase-CR cable-SFP+ -SFP+ - 16.4 ft-for HPE Modular Smart Array B21
1040, 2040, 2040 10, P2000 G3; ProLiant DL360p Gen8
15 HPE 5Y FC 24X7 ILO ADV NON BL 3YR SVC U2WL6E 2 $53.15 $106.30
16 HPE 8GB DUAL MICROSD USB FLASH DRIVE 741279- 2 $141.69 $283.38
USB flash drive-8 GB-Class 10- USB 2.0 B21
17 FACTORY INTEGRATED 741279- 2 $0.00 $0.00
B21 0D1
18 HPE 1U GEN10 SFF EASY INSTALL RAIL KIT 874543- 2 $72.77 $145.54
B21
19 FACTORY INTEGRATED 874543- 2 $0.00 $0.00
B21 0D1
20 HPE 5Y FC 24X7 DL360 GEN10 SVC H8QL8E 2 $3,328.62 $6,657.24
Total: $38,000.00
Terms: Net 30 days
Quoted against MN State Contract 48207
(MN State contract price$46,792.90)
Thank you for letting us provide you this quote. We value Works Computing/PDS has been notified by numerous
your business and will continue to provide you excellent technology manufactures that pricing is subject to rapid
service in addition to our comprehensive product line. Per change due to the recent tariffs imposed on China.While we
the RFP these prices include insurance, shipping, and will make every effort to update you with any changes as
delivery.These prices do NOT include delivery setup fees, or they arise,we are unable to guarantee pricing. This
any cables or cabling services or material unless specifically situation is not unique to Works Computing/PDS and likely
listed above. While all prices are subject to change without has impact across most technology manufacturers. Please
notice,the discount percentage will remain the same or be contact your sales team with additional questions.
higher. Supply subject to availability.
Terms and Conditions
This quote is subject to Works Computing/PDS's Terms&
Conditions which can be viewed at:
http://www.shoppds.com/termsofsale.aspx
Purchases made by credit card may be subject to a 5.5%
Convenience Fee at the time of invoicing.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5959 ITEM NO.:
Carter Schulze Approve Cooperative Agreement with IX.N.
Public Works/Engineering Hennepin County for the Spring Road
(County State Aid Highway(CSAH) 4)
Pedestrian Improvements
Requested Action
Move to: Adopt resolution approving Cooperative Agreement No. PW 43-49-18 with Hennepin
County for the Spring Road(CSAH 4) Pedestrian Improvements.
Synopsis
This Agreement provides for$75,000 in cost participation from Hennepin County towards the
pedestrian improvements at the Spring Road(CSAH 4) and Prospect Road intersection. The
agreement is consistent with other similar agreements that have been previously approved with
Hennepin County.
Background
The pedestrian improvements include replacing striped pavement with a raised median and
pedestrian refuge area as well as a pedestrian actuated Rectangular Rapid Flashing Beacon,
which will improve awareness of crossing pedestrians when actuated. Plans and specifications
for the project are currently being developed. Construction of the project is planned to occur in
2019.
Attachments
Resolution
Hennepin County Agreement No. 43-49-18
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
_
APPROVE COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE
SPRING ROAD (COUNTY STATE AID HIGHWAY (CSAH)4) PEDESTRIAN
IMPROVEMENTS
I.C. 16-5959
WHEREAS, the City of Eden Prairie is preparing construction plans and specifications for the
pedestrian crossing improvements at Spring Road (CSAH 4) and Prospect Road, which include a
raised concrete median and pedestrian refuge area, signage and a pedestrian actuated Rectangular
Rapid Flashing Beacon (RRFB); and
WHEREAS, Hennepin County will participate in the construction costs for the project in the
amount of$75,000.00; and
WHEREAS, a Cooperative Agreement has been prepared by Hennepin County which identifies
the cost participation, construction, and maintenance responsibilities for the proposed
improvements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said
Construction Cooperative Agreement No. PW 43-49-18 for County Project No. 2999973 (City
Project 16-5959) is hereby approved and the Mayor and City Manager are authorized to execute
the Agreement on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on January 8, 2019.
Ron Case, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
Agreement No. PW 43-49-18
County State Aid Highway No. 4
County Project No. 2999973
City of Eden Prairie
County of Hennepin
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of
20 , by and between the County of Hennepin, a body politic and corporate under the laws of the
State of Minnesota, hereinafter referred to as the "County", and the City of Eden Prairie, a body
politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS,the City desires to improve pedestrian crossing at Spring Road(County State Aid
Highway(CSAH) 4) at Prospect Road, which include a raised concrete refuge in the median for
pedestrians, striped crosswalk, signage, an a pedestrian actuated Rectangular Rapid Flashing Beacon
(RRFB)under County Project No. 2999973, and which shall hereinafter be referred to as the
"Project"; and
WHEREAS,the City or its agents shall be responsible to develop the plans and specifications
for the Project; and
WHEREAS,the City has requested that the County approve said plans and specifications, and
the County has indicated its willingness to approve said plans and specifications; and
WHEREAS,the City or its agents shall be responsible for administering construction of the
Project and has adequate personnel available to perform the construction staking, testing, inspection
and development of as-built plans required on the Project; and
WHEREAS,the Project is eligible for participation under Hennepin County's cost
participation policy; and
WHEREAS,the County will participate in its share of the costs to construct the Project as set
forth herein; and
WHERAS, it is anticipated that construction of the Project will commence in calendar year
2019; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59.
- 1 -
Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
NOW THEREFORE, IT IS HEREBY AGREED:
I
The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain
approval of said plans and specifications from the County; advertise for bids for the work and
construction; receive and open bids pursuant to said advertisement; enter into a contract with the
successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and,
perform the required engineering and inspection; all in accordance with said plans and specifications.
The contract shall include the plans and specifications prepared by the City or its agents and
agreed to by County. Said plans and specifications shall conform to Minnesota Depaitiiient of
Transportation(MnDOT) Design Standards applicable to County State Aid Highways and to the
requirements of the American with Disabilities Act(ADA). Attached is a copy of the MnDOT ADA
Compliance Checklist(Curb Ramp) form. The City or its agents shall complete and file at the
County said form for each curb ramp constructed as part of the Project. The City understands and
agrees that payment will not be made by the County until all required ADA certification forms have
been received and verified by the County.
II
Prior to seeking County approval of the plans for the Project, the City shall furnish the County
a ninety percent (90%) or more completed set of plans and specifications a minimum of three weeks
in advance for County review and comment. Prior to beginning construction, the City shall furnish
the County with a complete set of County approved plans and specifications for the Project. Upon
completion of the Project, the City or its agents shall furnish the County with a complete set of as-
built plans certified as to their accuracy by the City Engineer. Said as-designed plans, specifications
and as-built plans for the Project shall be furnished by the City at no cost to the County.
III
The City or its agents shall administer the construction contract and perform all necessary
engineering, inspection and testing.
The City shall also obtain, and comply with, any and all permits and approvals required from
other governmental or regulatory agencies to accomplish the Project. Said permits and approvals
shall be obtained prior to the start of any construction and made available to the County upon request.
It is understood and agreed by the City that construction of the Project shall be completed to
the satisfaction of the County within three years of the date this agreement has been signed by the
parties hereto.
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Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
IV
The construction of this Project shall be under the supervision and direction of the City
Engineer or designated representative. All work for the Project shall be completed in compliance
with the County approved plans and specifications. The County Highway Engineer and
representative staff shall have the right, at all reasonable times as the work progresses, to enter upon
the premises to make any inspections deemed necessary and shall cooperate with the City Engineer
and staff at their request to the extent necessary.
The County agrees that the City may make reasonably necessary changes in the above
referenced approved plans to satisfactorily and completely execute the project, and the City may enter
into any change orders or supplemental agreements with the City's contractor for the performance of
any additional construction that are deemed necessary, advantageous or desirable in plans that are
within the original scope of the Project. However, the City will seek approval of the County's
Highway Engineer or designated representative on change orders or supplemental agreements that in
the judgement of the City significantly change the original scope of the Project. The County shall
response to the request for approval in a reasonable time frame.
V
The City or its agents shall acquire all additional right of way,permits and/or easements
required for the construction of the Project, at no cost to the County.
VI
The County will participate in the construction costs for the Project as provided herein. The
County's cost participation shall be a not to exceed amount of Seventy Five Thousand Dollars and
No Cents ($75,000.00). The City understands and agrees that the County's total and only cost
participation for the Project shall be $75,000.00.
Upon completion of the Project the City shall notify the County and submit an invoice for one
hundred percent (100%) of the County's share of the costs for the Project. Said invoice shall include
summary documentation of total project costs. Upon approval and acceptance of the completed
Project by the County Engineer or designated representative and within forty-five (45) days of said
invoice, the County shall reimburse the City for its share of the costs for the Project.
Said invoice should include the date of the invoice, the invoice number, the name of the
County's project manager(Mr. David Sheen, P.E.), project name and county project number(C.P.
2999973), contract number and purchase order number. Invoices and supporting documentation
should be mailed to: Hennepin County Accounts Payable, P.O. Box 1388, Minneapolis, MN 55440-
- 3 -
Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
1388. An electronic copy of all invoices should also be submitted to Mr. David Sheen,P.E. at
David.Sheen@hennepin.us
The County will within forty five (45) days of said invoice, deposit with the City funds totaling
the amount of said invoice.
VII
It is understood and agreed by the parties hereto that upon completion of the Project, all
improvements included in the Project, except pedestrian refuge islands and RRFB system, shall
become the property of the City and all maintenance,restoration or repair required thereafter shall be
performed by the City at no expense to the County. The County shall retain ownership of and be
responsible for maintenance,repair or restoration for the pedestrian refuge islands and the RRFB
system at no cost to the City.
VIII
All records kept by the City and the County with respect to this project shall be subject to
examination by the representatives of each party hereto.
IX
The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action,judgments, damages,
losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from
any act or omission of the City or said city's consultant or sub consultant, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in
the performance of the services required by this contract, and against all loss by reason of the failure
of the City to perform fully, in any respect, all obligations under this contract. The City's liability
shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
X
It is agreed that each party to this Agreement or their agents shall not be responsible or liable to
the other party or to any other person whomsoever for any liabilities, claims, actions or causes of
actions,judgments, damages, loses, fines, penalties, expenses of any kind or character arising out of
or by reason of the performance of any design or construction work or part hereof by the other as
provided herein; and each party further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character arising in
connection with or by virtue of performance of its own work as provided herein. The County's and
the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466.
-4-
Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
XI
The City also agrees that any contract let by the City or its agents for the performance of the
work on the Project as provided herein shall include clauses that will: 1) Require the Contractor to
defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from
any liability, causes of action,judgments, damages, losses, costs or expenses including,without
limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the
said Contractor, its officers, employees, agents or subcontractors in performing work on the Project;
2) Require the Contractor to be an independent contractor for the purposes of completing the work
provided for in this Agreement; and 3)Require the Contractor to provide and maintain insurance in
accordance with the following:
1. Commercial General Liability on an occurrence basis with
Contractual Liability and Explosion, Collapse and Underground
Property Damage (XCU) Liability coverages:
Limits
General Aggregate $2,000,000
Products--Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,500,000
Each Occurrence - Combined Bodily Injury and
Property Damage $1,500,000
Hennepin County shall be named as an additional insured for the Commercial General
Liability coverage with respect to operations covered under this Agreement.
2. Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned, non-owned, and hired
automobiles: $1,500,000
3. Workers' Compensation and Employer's Liability:
A. Workers' Compensation Statutory
If the Contractor is based outside the State of Minnesota,
coverages must apply to Minnesota laws.
B. Employer's Liability- Bodily injury by:
- 5 -
Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
Accident- Each Accident $500,000
Disease -Policy Limit $500,000
Disease - Each Employee $500,000
4. Professional Liability—Per Claim $1,500,000
Aggregate $2,000,000
It understood and agreed by the parties hereto that the above listed Professional Liability
insurance will not be required in any construction contract let by City if the City's Contractor is not
required to perform design engineering as part of said construction contract.
An umbrella or excess policy over primary liability coverages is an acceptable method to
provide the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole
responsibility of the City's Contractor to determine the need for and to procure additional insurance
which may be needed in connection with said Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be
submitted to the County upon written request.
XII
It is further agreed that any and all employees of the City and all other persons engaged by said
City in the performance of any work or services required or provided for herein to be performed by
the City shall not be considered employees of the County, and that any and all claims that may or
might arise under the Workers' Compensation Act or the Minnesota Economic Security Law on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or responsibility of
the County.
XIII
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Highway Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between the
County and the City.
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City's Highway Engineer or designated
representative shall manage this Agreement on behalf of the City and serve as liaison between the
City and the County.
- 6-
Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
XIV
It is understood and agreed that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and
are deemed to be part of this Agreement.
Any alteration, variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement and signed by
the parties hereto.
XV
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
XVI
The matters set forth in the "whereas" clauses at the beginning of this Agreement are
incorporated into and made a part hereof by this reference.
(this space left intentionally blank)
- 7 -
Agreement No. PW 43-49-18
CSAH 4; C.P. 2999973
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF EDEN PRAIRIE
(Seal) By:
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
County Administrator
By: Date:
Assistant County Attorney
And:
Date: Assistant County Administrator, Public Works
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
Assistant County Attorney County Highway Engineer
Date: Date:
- 8 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 20l 9
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5940 ITEM NO.:
Carter Schulze Approve Professional Services IX.O.
Public Works /Engineering Agreement Amendment with SRF
Consulting Group for Final Design
Services for the Preserve Boulevard
Improvement Project
Requested Action
Move to: Approve Professional Services Agreement Amendment with SRF Consulting Group,
Inc. for Final Design Services for the Preserve Boulevard Improvement Project.
Synopsis
This Amendment will provide additional final design services for the Preserve Boulevard
Improvement Project. Items beyond the original scope of work in the agreement include plan
changes at the 95%plan submittal stage, private utility coordination, right of way negotiations
and watershed permit redesign. The additional design services reflects these changes.
Background Information
The Preserve Boulevard Improvement Project is proposed to include the following significant
components:
• Prairie Center Drive/Preserve Boulevard intersection improvements including dual left
turn lanes for westbound to southbound traffic, flatten the existing cross slope, improve
pedestrian and bicycle crossings, line up left turn lanes and provide left turn signal
phasing on Preserve Boulevard.
• Eliminate southbound lane drop on Preserve Boulevard.
• Provide median and left turn lanes throughout the Preserve Boulevard corridor.
• Anderson Lakes Parkway/Preserve Boulevard intersection improvements including a
longer westbound to northbound right turn lane and improved pedestrian and bicycle
crossings.
• Provide median refuge for pedestrian and bicycle crossings at Franlo Road and Grier
Lane.
• Install a pump station between Eden Lake and Neill Lake to reduce drawdown time of
Eden Lake.
The project is currently scheduled for construction in 2019.
Financial Implications
The Professional Services Agreement Amendment with SRF is estimated at $74,700 making the
total not-to-exceed fee for final design, $552,725. The total estimated project cost estimate is
approximately$6 million. Primary funding for the project will be from Municipal State Aid
funds.
Attachment
Professional Services Agreement Amendment
AMENDMENT TO Standard Agreement for Professional Services
This Amendment to the Standard Agreement for Professional Services (Amendment) is made on
the 8th day of January , 20 19 , between the City of Eden Prairie, Minnesota
(hereinafter"City"),whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and
SRF Consulting Group, Inc. (hereinafter"Consultant")whose business address is One Carlson
Parkway North, Suite 150, Minneapolis, MN 5547-4443
WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on
the 17 day of January , 20 17 for the _ Final Design for Preserve Boulevard
Improvements and the work described in Exhibit A thereto; and
WHEREAS City and Consultant agree to amend paragraph 3_ of the Agreement
relating to the Compensation for Services of the Agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses
in a total amount not to exceed $ 552,725.00 for the services as described in Exhibit A thereto.
2. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
considered an original.
3. entire Agreement. This Amendment constitutes the entire agreement between the parties with
respect to the matter herein contained and all prior negotiations with respect to the subject matter
herein contained are merged into and incorporated into this Amendment, and all prior documents
and correspondence between the parties with respect to the subject matter herein contained (other
than the Agreement) are superseded and of no further force ❑r effect.
4. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE SRF Consulting Group, Inc.
By:Mayor
Its:
City Manager
1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 20l 9
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5940 ITEM NO.:
Carter Schulze Approve Professional Services IX.P.
Public Works /Engineering Agreement with American Engineering
Testing for Construction Testing
Services for Preserve Boulevard
Reconstruction Project
Requested Action
Move to: Approve Professional Services Agreement with American Engineering Testing, Inc.
for Construction Testing Services for Preserve Boulevard Reconstruction Project.
Synopsis
This Professional Services Agreement will provide construction materials testing services for the
Preserve Boulevard Reconstruction Project. Construction is anticipated to begin in the spring of
2019.
Background Information
The Preserve Boulevard Reconstruction project includes grading, storm sewer, water main
replacement, curb and gutter,bituminous pavement, concrete sidewalk,bituminous trail,
pedestrian ramps, a storm water pond, a water quality structure and storm sewer lift station, and
two traffic signals. MnDOT certified engineering technicians are required to perform materials
testing in accordance with the 2018 State Aid Local Transportation Schedule of Materials
Control. Along with the materials testing are the reporting requirements necessary for
certification of the project once complete.
Financial Implications
The Professional Services Agreement with American Engineering Testing has an estimated cost
of$67,172.00. The total estimated construction cost is approximately$6.5 million. Funding for
the project will be from Municipal State Aid, Storm Water Utility and Pavement Management
funds.
Attachment
Professional Services Agreement
2017 06 01
•
Agreement for Professional Services
This Agreement("Agreement")is made on the 8th day of January,2019,between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and American Engineering_ Testing, Inc. ("Consultant"), a Minnesota
corporation(hereinafter"Consultant")whose business address is 550 Cleveland Avenue North, St.
Paul,MN 55114.
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 for the Preserve Boulevard Roadway
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 ( Proposal letter dated December 6, 2018 ) 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 January 9, 2019 through September 30,
2020 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$67,172.00 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.
Version 2017 06 01
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes,riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary,the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria,including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions,receive information,interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee,his or her name,job title,the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A,the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City's project number and a progress
summary showing the original(or amended)amount of the contract,current billing,
past payments and unexpended balance of the contract.
Page 2 of 10 2017 06 01
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein,.and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement,the invoice or bill must include
the following signed and dated statement: "I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid."
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County,Minnesota. Consultant shall'be liable to
the fullest extent permitted under applicable law,without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven(7)days written
notice delivered to the other party at the address written above. Upon termination under
this provision,if there is no fault of the Consultant,the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however,the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement,no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. -Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten(10)days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
Page 3 of 10 2017 06 01
•
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City,the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10.
For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such(i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City,or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
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. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Page 4 of 10 2017 06 01
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract(including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of$2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant's
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2)years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker's Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
Page 5 of 10 2017 06 01
k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2)years following City's written acceptance of
the Work.
1. It shall be Consultant's responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days' prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M.Best rating of no less than
A-, unless specifically accepted by City in writing.
o. A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however,to review such Certificate of Insurance,
declaration page,Rider,Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the
terms of Consultant's obligations hereunder. City reserves the right to examine any ,
policy provided for under this paragraph.
p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City,the City's officials,agents and employees from any loss,claim,liability and expense
(including reasonable attorneys fees and expenses of litigation)to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity,then
the indemnity will be considered limited only to the extent necessary to comply with that
Page6of10 2017 06 01
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity,the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen(15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments,claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided.The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement ("Project") does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party; No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
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
Page 7 of 10 2017 06 01
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
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
Page 8 of 10 2017 06 01
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement,the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed,religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment, The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
• Human Rights Act,Minnesota Statutes 363.01, et. seq.,Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized,reputable overnight courier,properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations,rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28, Severability. The provisions of this Agreement are severable. If any portion hereof is,for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six(6)years after the effective date of this Agreement.
Page 9 of 10 2017 06 01
b. Data Practices. Any reports,information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval.This Agreement is subject to the Minnesota Government Data
Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act). All government data,as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored,used,maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect,the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
C NSULTANT
133/ 4,../ 0_-.4
Its: [ ,i- 4 .
r
Page 10 of 10 2017 06 01
AMERICAN Exhibit A CONSULTANTS
A ENGINEERING • ENVIRONMENTAL
•
TESTING, INC. • MATER A SCAL
• FORENSICS
December 6, 2018
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Mr. Carter Schulze (cschulze@edenprairie.org)
RE: Quality Assurance Testing Proposal
Preserve Boulevard Reconstruction
S.A.P. 181-102-004, 181-107-008, & 181-101-005
City Project Number 16-5940
Eden Prairie, Minnesota
AET Proposal No. 20-20780
Dear Mr. Schulze:
Thank you for the opportunity to provide a proposal to perform testing services on the referenced
project. This proposal has been prepared in response to your recent request by email on November
1, 2018, and describes our understanding of the project, our anticipated scope of services, our unit
rates, and an estimated total fee to perform these services.
PROJECT INFORMATION
The City of Eden Prairie will be performing a street reconstruction and utility improvements
project during the 2019 construction season. The project area will include Preserve Boulevard,
Anderson Lake Parkway, and Prairie Center Drive. The project will be funded with state aid funds.
Plans were prepared by SRF Consulting Group, Inc. We understand Construction Inspection and
Contract Management of the project will be performed by the City or their
authorized representative. Draft specifications were dated November 16, 2018, and we have
assumed this project will incorporate the 2018 MnDOT State Aid for Local Transportation
(SALT) Schedule of Materials Control in the project specifications and has been used to
determine the minimum testing rates for the project.
The project includes grading, storm sewer, water main replacements, curb and gutter, bituminous
pavement, concrete driveway, concrete sidewalk, bituminous sidewalk, pedestrian ramps, a
stormwater pond, a water quality vault/storm sewer lift station, and signals.
GEOTECHNICAL INFORMATION
A geotechnical exploration and analysis was performed for this project by AET. The results were
presented in our Report of Geotechnical Exploration and Review, dated September 6, 2018 (AET
550 Cleveland Avenue North I Saint Paul,MN 55114
Phone(651)659-9001 I (800)972-6364 I Fax(651)659-1379 I www.amengtest.com I AA/EEO
This document shall not be reproduced,except in full,without written approval from American Engineering Testing,Inc.
City of Eden Prairie—Preserve Boulevard Reconstruction
AET Proposal No. 20-20780
December 6, 2018
Page 2 of 5
Project No. 01-07268). In the report, the off-road site soil profile is generalized as either organic
clay or sandy lean clay, which is slightly organic and contains trace roots. The subgrade site soil
profile is generalized as predominantly inorganic A-6 and A-2-6 clayey soils and often fill
materials. Reference should be made to that report for more details regarding site conditions and
recommendations.
PROJECT APPROACH
During the construction improvements, AET will provide experienced MnDOT certified
Engineering Technicians to perform sampling and material testing services in accordance to the
2018 State Aid for Local Transportation (SALT) Schedule of Materials Control and project
specific testing requirements referenced in the project documents. For this project, Justin Staker
will be AET's contact. He can be reached at(651) 523-1265.
We understand that the City or their authorized representative will contract with MnDOT Metro
Inspections for bituminous and concrete plant monitoring.
SCOPE OF SERVICES
Based on our review of the available plans and our experience with the City of Eden Prairie on
similar projects, our anticipated scope of services is outlined below. These services will be
provided on a part-time, will-call basis coordinated through authorized field personnel.
Soils Sampling and Testing
Our estimate of the sampling and testing to be performed on the grading and base items is based
on the requirements of MnDOT's "Specified Density Method" and in accordance with the SALT
Schedule of Materials Control. AET will perform MnDOT Relative Density testing (Proctor) as
well as in-place density and moisture testing on the following materials:
• Utility trench backfill (including granular bedding)
• Embankment fill (select granular)
• Subgrade preparation
The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the Class 5
Aggregate Base sections of the project following the MnDOT Penetration Index procedures in
accordance with the SALT Schedule of Materials Control.
AET will perform the sampling of the granular materials and transport the samples to our Saint
Paul, Minnesota laboratory. Authorized field personnel will update AET on the schedule of
material placement, material sources (including changes in source), and changes in quantities.
AET will also perform on-site sampling of the boulevard and organic topsoil borrow. The samples
will be transported to our Saint Paul, Minnesota laboratory for topsoil borrow testing.
City of Eden Prairie—Preserve Boulevard Reconstruction
AET Proposal No. 20-20780
December 6, 2018
Page 3 of 5
Retaining Wall/Lift Station Observations and Soil Testing
During excavation for the retaining wall and lift station, a Geotechnical Staff Engineer from our
firm will visit the site on a will-call basis to perform the following services:
• Observe the soils in the bottoms of the excavations completed at that time.
• Perform shallow hand auger borings in the excavations.
• Perform hand cone penetrometer(HCP)probes in the excavations.
• Evaluate the suitability of the soils present in the excavations to support the anticipated fill,
structural loads and pavements.
• Document the elevations at various locations at the bottoms of the excavations.
• Document that adequate oversizing of the excavations is provided to support lateral loads
from the footings through the fill.
We assume that inspection of the retaining wall and lift station will be conducted by the City of
Eden Prairie or their designated representative.
During placement of fill behind the retaining wall and lift station backfill, an Engineering
Technician will visit the site on a will-call basis to test the compaction of the fill. The technician
will perform the following services:
• In-place field density tests to evaluate the compaction of the fill soils using a nuclear
density gauge.
• Standard Proctor tests for each different type of fill encountered at the test locations.
• Obtain samples of sand fill and/or aggregate base materials for sieve analysis tests and
direct shear test(if requested).
Subgrade Test-Roll Observations
During or after final grading of the pavement subgrade soils, AET personnel will observe test-
rolling (if requested). These observations will be performed by a Staff Engineer on a will-call
basis. Our scope of services will include the following:
• Observe the reaction/stability of the pavement subgrade soils as they are test-rolled by a
loaded, tandem-axle dump truck.
• Evaluate the subgrade deflections under the wheel loads, and mark areas of excessive
deflection. Areas of excessive deflection will be shown to personnel from the contractor
and/or their subcontractors.
• Provide recommendations for correction of the unstable subgrade soils.
Bituminous Pavement Sampling and Testing
As bituminous paving is being completed, AET personnel will pick-up companion samples
provided by the contractor, during each day of paving, and transport the samples to our Saint Paul,
Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix
Properties as follows:
City of Eden Prairie—Preserve Boulevard Reconstruction
AET Proposal No. 20-20780
December 6, 2018
Page 4 of 5
• Gyratory Density(AASHTO T312) MnDOT Modified
• Rice Specific Gravity(ASTM D2041)
• Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOT
Modified C137 and C 117
• Fine Aggregate Angularity(AASHTO T 304, Method A, MnDOT 1206.5)
• Percent Crushed Particles (MnDOT 1214.8)
AET will utilize the MnDOT program to determine random core locations of bituminous based on
information provided by authorized field personnel regarding tonnage (lot sizes) and pavement
placement patterns. The City of Eden Prairie will coordinate the removal of both the contractor
and companion cores with the contractor.
After the completion of the coring, AET will retrieve companion core samples from the project
contractor for laboratory testing. This testing will include the following:
• The thickness of each layer of the core sample
• The density of each layer of the core sample
Concrete Testing
During the placement of concrete,AET will perform field testing consisting of slump, air content,
temperature of the plastic concrete, and casting of cylinders for compression testing. The SALT
Schedule of Materials Control requires field testing for slump, air content, and temperature per
every 100 cubic yards of each type of concrete placed each day. Compressive strength cylinders
(1 set of 3 cylinders) are required once per every 300 cubic yards of each type of concrete placed
each day; the cylinders will be retrieved the following day for curing and testing in our laboratory.
The 3 cylinders are to be tested at 28-days. We are proposing to cast sets of 5 cylinders, with
compressive strength testing as follows: 1 at 7 days, 3 at 28 days, and the 5th cylinder will be held
in reserve for future testing if the 28-day strength requirement is not met.
We have assumed the City of Eden Prairie or their authorized representative will be compiling the
concrete batch tickets, certificates of compliance, and AET's field test results of the plastic
concrete, which we will provide each day we are on-site performing testing services.
Concrete and Bituminous Plant Inspection
This proposal does not incorporate the time and cost to perform concrete or bituminous plant
inspections. These services will be provided at your request.
REPORTING
AET staff will prepare reports for the City of Eden Prairie to review. These reports will include
the results of our field and laboratory testing as performed per the 2018 SALT Schedule of
Materials Control and testing frequencies referenced in the project documents. AET will complete
the Preliminary Grading and Base Report and the Final Grading and Base Report, once provided
with final project quantities. Daily field reports will also be prepared. AET will also provide a
City of Eden Prairie—Preserve Boulevard Reconstruction
AET Proposal No. 20-20780
December 6, 2018
Page 5 of 5
roster of certified personnel performing testing on the project, as well as the completed IA report
(if required).
INDEPENDENT ASSURANCE
AET staff will coordinate with the MnDOT office of Independent Assurance (IA) to schedule
audits of AET field and laboratory staff performing sampling and testing for this project, if
required. Through the MnDOT Tester Inventory form, we will ensure all AET staff providing
services to this project meet the requirements set forth by IA.
ESTIMATED FEES
AET will invoice fees in accordance with the City of Eden Prairie's Agreement for Professional
Services for a not to exceed budget of$67,172.00. A detailed breakdown of estimated hours and
fees along with proposed rates had been provided to the City under separate cover.
GENERAL REMARKS
AET appreciates the opportunity to provide this service for you and looks forward to working with
you on this project. If you have any questions or need addition information, please contact me.
Sincerely,
American Engineering Testing, Inc.
Prepared By: Reviewed By:
Justin L. Staker, P.E. Brian F. Arman
Engineer I Senior Project Manager
Phone: (651) 523-1265 Phone: (651) 647-2757
Email: jstaker@amengtest.com Email: barman@amengtest.com
Attachments: Materials Testing Estimate
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5940 ITEM NO.:
Carter Schulze Award Contract for Preserve Boulevard IX.Q.
Public Works/Engineering Reconstruction Project to Eureka
Construction, Inc.
Requested Action
Move to: Award contract for the Preserve Boulevard Reconstruction Project(I.C. 16-5940)to
Eureka Construction, Inc. in the amount of$6,649,663.75.
Synopsis
Sealed bids were received on Thursday, December 20, 2018 for this project. Three (3)bids
were received and are summarized in the attached Consultant Recommendation Letter. The low
bid in the amount of$6,649,663.75 was submitted by Eureka Construction, Inc. and is 3% above
the Engineer's Estimate. Our consultant and staff recommend awarding the contract for the
project to Eureka Construction, Inc. in the amount of$6,649,663.75.
Background Information
This project consists of reconstructing Preserve Boulevard between and including the Anderson
Lakes Parkway and Prairie Center Drive Intersections. Based on the preliminary design work and
the public feedback that has been provided over the past two years the Preserve Boulevard
Improvement Project is proposed to include the following significant components:
• Prairie Center Drive/Preserve Boulevard intersection improvements including dual left
turn lanes for westbound to southbound traffic, flatten the existing cross slope, improve
pedestrian and bicycle crossings, line up left turn lanes and provide left turn signal
phasing on Preserve Boulevard.
• Eliminate southbound lane drop on Preserve Boulevard.
• Provide median and left turn lanes throughout the Preserve Boulevard corridor.
• Anderson Lakes Parkway/Preserve Boulevard intersection improvements including a
longer westbound to northbound right turn lane and improved pedestrian and bicycle
crossings.
• Provide median refuge for pedestrian and bicycle crossings at Franlo Road and Grier
Lane.
• Install a pump station between Eden Lake and Neill Lake to reduce drawdown time of
Eden Lake and minimize impact of large rain events.
Project Cost Summary
The project will be funded with Municipal State Aid, City Capital Utility and Pavement
Management Funds.
Attachments
Consultant Recommendation Letter
Contract
Resolution
ENGINEERS
PLANNERS
❑ ESIGNERS
Consulting Croup,Inc.
December 21, 2018 SRF No. 9173
Mr. Carter Schulze,PE
Assistant City Engineer
CITY OF EDEN PRAIRIE
8080 Mitchell Road
Eden Prairie,MN 55344
SUBJECT: PRESERVE BLVD RECONSTRUCTION
AWARD RECOMMENDATION—CITY PROJECT NO. 16-5940
Dear Mr. Schulze:
Sealed bids were opened for the referenced project on Thursday, December 20, 2018, at the Eden
Prairie City Offices, 8080 Mitchell Road. A total of three (3) bids were received. All bids have been
reviewed, checked, and tabulated. The bids are summarized below in order of value:
CONTRACTOR BID TOTAL
1. Eureka Construction, Inc. $6,649,663.75
2. Meyer Contracting,Inc. $7,161,627.92
3. New Look Contracting $7,418,006.40
Engineer's Estimate $6,461,491.46
We recommend the Contract be awarded to the apparent low bidder Eureka Construction, Inc., in the
amount of$6,649,663.75 for the Bid Total.
Please feel free to contact us with any questions or concerns regarding this project.
Sincerely,
SRF CONSULTING GROUP,INC.
p
Peter Engelmeyer, PE (MN)
Senior Engineer
Enclosure
cc: Becky Krugerud, SRF Consulting Group, Inc.
H:\Projects\09000\9173\_Correspondence\Letters\181221 AwardRecommendationLetter.doc
www,srfeortniting.COM
Got Cs'rlron Parkway Nar b,St lie ISO I Minneapolis,MN S&4447.4443 I 763.475.0010 i=sac 763475.2429
An IOW Opportmity feJpr!'
FORM OF CONTRACT
THIS AGREEMENT,made and executed this day of 20_,by and between
City of Eden Prairie hereinafter referred to as the "CITY", and Eureka Construction, Inc.
hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. 16-5940 Preserve Boulevard Reconstruction
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices,based on estimated required
quantities is estimated to be$_6,649,663.75 .
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
d. Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
FC-1
(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, MN.
By
Its City Mayor
And
Its City Manager
CONTRACTOR
In Presence Of: Eureka Construction, Inc.
By
Title
And
Title
FC-2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2019-
RESOLUTION ACCEPTING BID FOR
PRESERVE BOULEVARD RECONSTRUCTION PROJECT
I.C. 16-5940
WHEREAS,pursuant to an advertisement for bids for the following improvement:
I.C. 16-5940: Preserve Boulevard Reconstruction Project
bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Consultant Recommendation Letter; and
WHEREAS,the City Engineer recommends award of Contract to
Eureka Construction, Inc.
as the lowest responsible bidder.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter into a Contract
with Eureka Construction,Inc. in the name of the City of Eden Prairie, in the amount of
$6,649,663.75,in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on January 8, 2019.
Ron Case, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5943 ITEM NO.:
Carter Schulze Approve Professional Services IX.R.
Public Works/Engineering Agreement with SRF Consulting Group
for Birch Island Road Design at
Railroad Crossing
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Birch
Island Road Design at Railroad Crossing.
Synopsis
This Professional Services Agreement provides for the design of Birch Island Road in the area
around the at-grade railroad crossing in Eden Prairie.
Background Information
The Birch Island Road railroad crossing was included in the Quiet Zone Assessment completed in
2016 along with three other crossings in Eden Prairie. In 2017, state funding of$1,400,000 was set
aside for railroad crossing improvements in order to establish a railroad quiet zone through Eden
Prairie.
One of the concepts considered and discussed at the July 17, 2018 council workshop was the
closure of Birch Island Road and building a pedestrian only crossing. Following the workshop,
staff conducted a neighborhood meeting to discuss the closure and receive feedback. The feedback
was nearly unanimous to leave the road open, but that staff should consider making changes such
as a safer alignment, address speeding issues and loitering problems.
After preliminary design and discussions with stake holders, it was agreed that a realignment of
Birch Island Road that included the required quiet zone safety features would address the
neighborhood concerns, meet railroad safety requirements, remain funding eligible and
accomplish staff goals to establish the quiet zone. Early in 2019 staff plan to schedule another
neighborhood meeting so that neighbors can see the updated plan and comment.
This Professional Services Agreement provides for the design of the realigned roadway and utility
improvements within the railroad crossing area. Construction of the improvements is tentatively
scheduled for 2019.
Financial Implications
The Professional Services Agreement with SRF Consulting Group has an estimated cost of
$34,677. The total project costs are currently estimated to be $1,400,000. It is anticipated that the
majority of the project costs will be paid by the state funding.
Attachments
Professional Services Agreement
Birch Island Road Existing Conditions
Birch Island Road Preliminary Design Graphic
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the _8th day of January , 20 19 ,
between the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080
Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc.
("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is
One Carlson Parkway North, Suite 150,Minneapolis, MN 55447-4443
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 Birch Island Road Design at Railroad Crossing_ 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 Proposal Letter dated December 27, 2018 )
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 January 9, 2019
through _November 1, 2019 the date of signature by the parties
notwithstanding. This Agreement may be extended upon the written mutual consent of
the parties for such additional period as they deem appropriate, and upon the terms and
conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 34,677.00 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.
Version 2017 06 01
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
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
Page 2 of 10 2017 06 01
documentation as reasonably required by the City. Each invoice shall contain the
City's project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of
the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of it
has been paid."
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City. 1
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.
Page 3 of 10 2017 06 01
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part
of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred lIl U1111g111g the dCt1011.
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. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Page 4 of 10 2017 06 01
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2)years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker's Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The
Professional Liability policy shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement except with respect to the liability for
Page 5 of 10 2017 06 01
loss or damage resulting from the negligence or fault of anyone other than the
Consultant or others for whom the Consultant is legally liable.
k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance
of the Work.
1. It shall be Consultant's responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten(10) days' prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-,unless specifically accepted by City in writing.
o. A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Consultant of any deficiencies in such documents and
receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's
right to enforce the terms of Consultant's obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
Page 6 of 10 2017 06 01
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen(15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request
for mediation unless a longer period of time is provided by agreement of the parties.
Cost of mediation shall be shared equally between the parties. Mediation shall be held in
Page 7 of 10 2017 06 01
1
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
d i t i d
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 Contract shall be valid only when expressed in writing and duly signed
by the parties,unless otherwise provided herein.
Page 8 of 10 2017 06 01
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
of .r. f_ h .., t t u t ,
require all Gl its subcontractors 1V1 JUCill well{ to incorporate such requirements in al
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 1
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six(6) years after the effective date of this Agreement.
Page 9of10 2017 06 01
1
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Consultant shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Consultant in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT 5g 62^sIJ l.''". 6e'19
/ 774AA-"L`
By: Y'l ^ 1,d > N e ,°►�
Its: r'6'1 t�'
Page 10of10 2017 06 01
SRF Na. 11385.PP
December 27, 2018
Mr. Robert Ellis, PE
Public Works Director
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
Subject: Proposal for Professional Services for Birch Island Road Design at Railroad Crossing
Eden Prairie, Minnesota
Dear Mr. Ellis;
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to
provide professional services for the final design of the at-grade railroad crossing safety
improvements at Birch Island Road.
Scope of Services and Assumptions
We propose to carry out the design work required to complete all tasks necessary for the final design
of the roadway and utility improvements. Our scope of work is based on our recent Quiet Zone
Project discussions and the preliminary design of the re-aligned Birch Island Road railroad crossing
prepared by SRF.
Schedule/Budget
We will complete this work within a mutually agreed-upon time schedule and will coordinate our
efforts to meet the goal of completing construction in 2019.
The estimated cost for providing our professional services is shown below for each major task.The
fees shown below have been estimated based on our proposed work plan, our Quiet Zone project
discussions to date,and our current understanding of the project
1. Project Management $ 1,088
2. Wetland Delineation $ 2,472
3. Wetland Permitting $ 3,060
4. Surveying and Mapping $ 5,632
5. Preliminary Drainage Design $ 1,384
6. Final Design Plans and Specifications $21,041
TOTAL $34,677
We sincerely appreciate your consideration of this proposal and look forward to working with you
on this project. Please feel free to contact us if you have any questions or need additional
information.
www.srfConsuiting.com
1 Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4453 1763.475.0010 Fax:1,866,440.6364
An Equal Opparluuity Employer
Mr. Robert Ellis December 27,2018
City of Eden Prairie Page 2
Sincerely,
SRF CONSULTING GROUP,INC.
,troaaL- 114-4--
Matthew D. Hansen, PE (MN 1D),LS (MN IA)
MDH/ko
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:\Markeliri\PropadA2018 Lan rProparalrr7138S,PP_EdenPnatrioaMixlilrlandFixilDar{gnLaiirar_2018-12-27.deex
www.srfconsulting.corn
1 Carlson Parkway North,Sulte 150 I MInneepotls,MN 55447.4458 1763.475.0010 Fax:1.866.440.6364
An EqualOpporlunity Employer
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Job 11385
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Job 11385
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Matt Bourne, Parks and Professional Services Agreement with HTPO IX.S.
Natural Resources Manager, for the Staring Lake Park Building Site Plans
Parks and Recreation
Motion
Move to: Authorize entering into a Standard Agreement for Professional Services with HTPO
for development of plans and specifications and bidding administration for the Staring Lake Park
Building Reconstruction for total amount not to exceed $47,000.00.
Synopsis
Staff recommends entering into a professional services agreement with HTPO for development
of plans and specification for the site work in connection with the building reconstruction
project.
Background
City staff entered into an agreement with DSO Architecture for the park shelter reconstruction
design. HTPO would be responsible for coordinating with DSO to design the many elements outside
of the building footprint.
HTPO has performed similar work for the Round Lake Phase II and Cedar Hills Park projects and
staff feels very comfortable recommending them for this project.
Recommendation
The proposal from HTPO is in line with our estimate and staff recommends approval of this contract.
Attachments
Standard Agreement for Professional Services
HTPO Scope of Service Proposal
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the 8th day of January, 2019, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation
(hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie,
MN 55344.
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 existing conditions survey and preliminary site design for the Staring Lake
Park site and building improvement 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 January 8, 2019 through the completion
of the work 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 $47,000.00 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
Version 2017 06 01
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
Page 2 of 10 2017 06 01
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of it
has been paid."
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable
to the fullest extent permitted under applicable law, without limitation, for any injuries,
loss, or damages proximately caused by Consultant's breach of this standard of care.
Consultant shall put forth reasonable efforts to complete its duties in a timely manner.
Consultant shall not be responsible for delays caused by factors beyond its control or that
could not be reasonably foreseen at the time of execution of this Agreement. Consultant
shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days
written notice delivered to the other party at the address written above. Upon termination
under this provision, if there is no fault of the Consultant, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If
however, the City terminates the Agreement because the Consultant has failed to perform
in accordance with this Agreement, no further payment shall be made to the Consultant,
and the City may retain another consultant to undertake or complete the Work identified
herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
Page 3 of 10 2017 06 01
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part
of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
Page 4 of 10 2017 06 01
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant's responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a "per project"
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker's Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The
Professional Liability policy shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement except with respect to the liability for
loss or damage resulting from the negligence or fault of anyone other than the
Consultant or others for whom the Consultant is legally liable.
k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance
of the Work.
Page 5 of 10 2017 06 01
1. It shall be Consultant's responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-,unless specifically accepted by City in writing.
o. A copy of the Consultant's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant's Work. Upon request a copy of the Consultant's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Consultant of any deficiencies in such documents and
receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's
right to enforce the terms of Consultant's obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City(including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
Page 6 of 10 2017 06 01
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen(15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney's fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information") shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement ("Project") does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request
for mediation unless a longer period of time is provided by agreement of the parties.
Cost of 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
Page 7 of 10 2017 06 01
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 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,
Page 8 of 10 2017 06 01
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Consultant under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Page 9 of 10 2017 06 01
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in
performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Consultant shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Consultant in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By:
Its:
Page 10 of 10 2017 06 01
Exhibit A
Scope of Services
1, Geotechnical Evaluation
• Sub-consult with Braun Intertec to conduct up to six (6), 14-ft depth, soil
borings and prepare geotechnical evaluation report. Three soil borings for
the proposed building as requested by the Architect and three borings for
site-related stormwater BMP's.
2. Site: Final Design and Construction Documents
• Finalization of preliminary design by working collaboratively with the
Architect and City Staff to address outstanding issues and refine solutions.
• Project management, communications and coordination between the site
and architectural work (Architect under separate contract with the City)
and recommend bid package phasing.
• Application and document preparation for Watershed District permit,
MPCA Stormwater permit, MCES Sanitary permit and Hennepin County
permit. Assumes City will submit County permit application.
• Participation at up to two (2) meetings with City staff and one (1) meeting
between Architect and City staff.
• Preparation of final plans including removals, staging, stormwater and
sanitary sewer utilities, grading, pavements, signing and striping, erosion
control, storm water management, and turf restoration.
• Preparation of technical specifications.
• Development of final cost estimates) for site-related scope of work.
• Includes up to four (4) hours of additional surveying for sanitary sewer
utility locates and condition verification, as needed.
3. Site: Bid Administration
• Construction document distribution
• Review and provide responses to contractors' questions
• Development and distribution of Addenda, if needed
• Attendance at bid openings
• Review of bids
Page 11 of 10 2017 06 01
• Preparation of bid tabulations
• Preparation of recommendations of award
ASSUMPTIONS
• Assumes project to be bid as two (2) separate bid packages.
• Assumes that site improvements will include plaza areas around the building,
west parking lot and drop off area and connectivity to ice rink.
• Assumes that color presentation drawings, if required, will be by others.
• Lighting is not included.
• Landscape planting/tree replacement is not included.
• Construction phase services are not included.
Page 12 of l 0 2017 06 01
L
p I I Engineering Surveying
; ) Landscape Architecture
1 � J
December 12, 2018
Mr.Jay Lotthammer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Staring Lake Park Site and Building Improvements
Dear Jay,
We are pleased to submit this proposal to you for final design through bid
administration services for parking and site improvements associated with the
Staring Lake Park building replacement project. We have based this proposal on
our meeting with you and your staff on November 30,2018.
SCOPE OF SERVICES
We propose to provide the following services:
1. Geotechnical Evaluation
• Sub-consult with Braun Intertec to conduct up to six(6), 14-ft depth,soil
borings and prepare geotechnical evaluation report. Three soil borings for
the proposed building as requested by the Architect and three borings for
site-related stormwater BMP's.
2. Site: Final Design and Construction Documents
• Finalization of preliminary design by working collaboratively with the
Architect and City Staff to address outstanding issues and refine solutions.
• Project management,communications and coordination between the site
and architectural work(Architect under separate contract with the City)
and recommend bid package phasing.
• Application and document preparation for Watershed District permit,
MPCA Stormwater permit, MCES Sanitary permit and Hennepin County
permit. Assumes City will submit County permit application.
• Participation at up to two(2) meetings with City staff and one(1) meeting
between Architect and City staff.
• Preparation of final plans including removals,staging,stormwater and
sanitary sewer utilities,grading, pavements,signing and striping,erosion
control,storm water management,and turf restoration.
• Preparation of technical specifications.
• Development of final cost estimate(s)for site-related scope of work.
• Includes up to four(4) hours of additional surveying for sanitary sewer
7510 Market Place Drive utility locates and condition verification,as needed.
Eden Prairie, MN 55344
952-829-0700 3. Site: Bid Administration
952-829-7806 fax • Construction document distribution
www.htpo.com • Review and provide responses to contractors'questions
• Development and distribution of Addenda, if needed
• Attendance at bid openings
• Review of bids
HANSEN THORP PELLINEN OLSON, INC.
City of Eden Prairie-Staring Lake Park Site and Building Improvements
December 12,2018
Page 2 of 2
• Preparation of bid tabulations
• Preparation of recommendations of award
ASSUMPTIONS
• Assumes project to be bid as two(2)separate bid packages.
• Assumes that site improvements will include plaza areas around the building,
west parking lot and drop off area and connectivity to ice rink.
• Assumes that color presentation drawings, if required,will be by others.
• Lighting is not included.
• Landscape planting/tree replacement is not included.
• Construction phase services are not included.
SCHEDULE
We assume that the design work will be completed in winter of 2019 with
construction anticipated for 2019.
COMPENSATION
Compensation for those items described in the Scope of Services above are
estimated as follows:
Scope of Services Fee
1. Geotechnical Evaluation $ 5,500
2. Site: Final Design and Construction Documents $36,000
3. Site: Bid Administration $ 3,500
SUBTOTAL $45,000
Estimated Reimbursable Expenses $ 2,000
TOTAL $47,000
PAYMENT
Invoices will be submitted based on actual hours worked using a 2.4 multiplier
times direct personal expense,and reimbursable expenses incurred (printing,
courier,and other out-of-house documents and fees). We will keep you informed
of our work progress and the above fee estimate will not be exceeded without prior
approval from your office.
We invoice our services monthly payable within 30 days.
We appreciate this opportunity to be a resource to you and we look forward to
working with you on this exciting project!
Sincerely,
HANSEN THORP PELLINEN OLSON,INC.
CD10.4.•
a.
?gsuterL,.
Sarah Harding, PLA Laurie A.Johnson, PE
Landscape Architect President
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development: Chuck&Don's Lease— 8022 Den Road
Janet Jeremiah/David Lindahl (Liquor Store#3 Building) IX T.
Requested Action
Move to: Approve a new lease between the City of Eden Prairie and Hartzell PFO. Inc. for a Chuck &
Don's Pet Foods & Supply store at a City owned property located at 8022 Den Road.
Synopsis
The basic terms of the new lease are as follows:
Rent Per Monthly Annual
Year Sq. Feet Sq. Ft. Rent Rent
1 3,379 $27.00 $7,602.75 $91,233.00
2 3,379 $27.00 $7,602.75 $91,233.00
3 3,379 $27.50 $7,743.54 $92,922.50
4 3,379 $28.00 $7,884.33 $94,612.00
5 3,379 $28.50 $8,025.13 $96,301.50
6 3,379 $29.00 $8,165.92 $97,991.00
7 3,379 $29.50 $8,306.71 $99,680.50
8 3,379 $30.00 $8,447.50 $101,370.00
9 3,379 $30.50 $8,588.29 $103,059.50
10 3,379 $31.00 $8,729.08 $104,749.00
Total $971,152.00
Lease Term: 10 years (w/options to renew)
Tenant Improvement Allowance: City provides $20/sf or$67,580
Broker Commissions: $7.50/SF or$25,342
Background
Constructed in 1998, the Den Road Liquor Store building provided additional space that was
initially leased to Hollywood Video through 2010 and subsequently to Encore Boutique and Lotus
Nails. Encore Boutique closed in mid-December and will now be occupied by Chuck&Don's.
Attachment
Lease
LEASE AGREEMENT
SHOPPING CENTER: EDEN PRAIRIE LIQUOR STORE
LOCATION: 8022 DEN ROAD,EDEN PRAIRIE,MINNESOTA 55344
LANDLORD: CITY OF EDEN PRAIRIE
TENANT: HARTZELL PFO INC.D\B\A CHUCK&DON'S PET FOOD&SUPPLIES
Tenant Representative
Real Estate Manager
756 Stillwater Rd.
Mahtomedi,MN 55115
8022 DEN ROAD LEASE REFERENCE PAGE
PREMISES: 8022 Den Road
Eden Prairie,Minnesota 55344
LANDLORD City of Eden Prairie
LANDLORD'S ADDRESS: 8080 Mitchell Road
Eden Prairie,Minnesota 55344
Attn: Economic Development Manager
Telephone 952-949-8484
Federal Tax I.D.#41-0855460
TENANT: Hartzell PFO Inc.,d\b\a Chuck&Don's Pet Food&
Supplies
TENANT'S ADDRESS: 756 Stillwater Rd.
Mahtomedi,MN 55115
Att: Real Estate Manager
Telephone
Federal Tax I.D.#
BUILDING AREA: Approximately 3,379 square feet
USE: Pet Food and Supplies Store
TENANT'S TRADE NAMES: Chuck&Don's Pet Food&Supplies
LEASE EXECUTION DATE ,2018
TERM COMMENCEMENT DATE: The Business Opening Date
DELIVERY DATE Feburary 1,2019
BUSINESS OPENING DATE No later than 120 days after Delivery Date,unless the
Delivery Date shall be pushed back so as to put the
Business Opening Date in the 4th calendar quarter of
the year, in which event the Business Opening Date
shall be the later of January 1 of the following calendar
year or 120 days after the Delivery Date
TERMINATION DATE: January 31,2029 subject to two(2)renewal Terms
TERM OF LEASE: Approximately 10 years,Beginning on the
Tenn Commencement Date and ending on the
Termination Date (unless sooner terminated pursuant
to the Lease)
RENEWAL TERM: Lease is subject to two (2) five (5)-year renewal
Terms,which may be exercised pursuant to the Lease.
INITIAL ANNUAL RENT: $91,233.00(First 12 months)
INITIAL MONTHLY INSTALLMENT
OF ANNUAL RENT $ 7,602.75
SECURITY DEPOSIT: $None
ASSIGNMENT/SUBLETTING FEE: None
The Reference Page information is incorporated into and made a part of the Lease.In the event of any conflict
between any Reference Page information and the Lease,the Lease shall control. This Lease includes Exhibits
A,B. C,and D each of which are made a part of this Lease.
LANDLORD: TENANT:
CITY OF EDEN PRAIRIE HARTZELL PFO INC.
D\B\A CHUCK&DON'S PET FOOD&
SUPPLIES
By: By:
Ron Case Its Mayor
Its:
By:
Rick Getschow,Its City Manager
Dated: Dated:
LEASE AGREEMENT
THIS LEASE AGREEMENT(this"Lease")is made as of this day of ,2018,by and
between City of Eden Prairie,MN("Landlord"),with its principal office at 8080 Mitchell Road Eden Prairie,MN 55344
and Hartzell PFO.Inc.,d\b\a Chuck&Don's Pet Food&Supplies("Tenant")with its principal office at 756 Stillwater
Rd,Mahtomedi,MN 55115,attn.Real Estate Manager.
ARTICLE I. GRANT AND TERM
Section 1.01-Premises:
Landlord hereby leases to Tenant for the term and upon the covenants hereinafter set forth, approximately
3,379 square feet of floor area(the"Premises")in the shopping center commonly known as the Eden Prairie Liquor
Store Shopping Center in Eden Prairie (the "Shopping Center" or the "Project"). The Premises are located at 8020
Den Road and are cross-hatched on the site plan of the Shopping Center attached hereto and made a part hereof as
Exhibit"A."
Section 1.02-Site Plan:
Exhibit"A"sets forth the general layout of the Shopping Center. Landlord has the reasonable right to alter
(a)any of the stores within the Shopping Center excluding the Premises, (b)the Common Areas (herein defined) or
(c)any other aspect of the Shopping Center with notice to Tenant;provided,however,no change shall decrease the
parking ratio to less than required for zoning or materially or visibly alter access to or visibility of Premises or Tenant's
signage. This Lease is subject to all applicable building restrictions,planning and zoning ordinances, governmental
rules and regulations, and all other encumbrances,restrictions and easements affecting the Shopping Center and the
terms and provisions of certain declarations,reciprocal easement and operating agreements now or hereafter affecting
the Shopping Center.
Section 1.03-Term:
The term of this Lease shall be for a period of Ten(10)Lease Years commencing on the earlier of Business
Opening Date or 120 days after Delivery Date,unless the Delivery Date is occurs on such date as to put the Business
Opening Date in the 4th calendar quarter of the year, in which event the Business Opening Date shall be the later of
January 1 of the following calendar year or 120 days after the Delivery Date(the"Term Commencement Date"),and
expiring at midnight on January 31, 2029, unless sooner terminated in accordance with the provisions hereof(the
"Expiration Date"). The term"Lease Year" as used in this Lease shall be defined to mean each successive twelve
(12)month period commencing on the Term Commencement Date. If the term commences on a day other than the
first day of the month,then the first Lease Year shall be extended for such a fractional month. All subsequent Lease
Years shall continue for twelve(12)calendar months thereafter,except that the last Lease Year shall terminate on the
date this Lease is terminated. Within thirty(30)days after request by Landlord or Tenant,Landlord and Tenant shall
enter into a supplemental agreement substantially in the form shown at Exhibit D prepared by Landlord which affirms
the Delivery Date,Term Commencement Date,Business Opening Date and the Expiration Date.
Section 1.04-Go Dark:INTENTIONALLY DELETED
Section 1.05—Option to Renew:
Tenant shall have an option to renew this Lease for two(2) additional five(5)year periods. At least eight(8)
months prior to the expiration of the original Term,and at least eight(8)months prior to the expiration of the first renewal,
if previously exercised,Tenant may give Landlord written notice that it requests that Landlord provide proposed Rent for
the upcoming option period. Landlord shall deliver the proposed Rent for the option period within 45 days of receipt of
Tenant's notice. Tenant shall have three (3) months from receipt of such notice to give Landlord written notice of
acceptance of the proposed Rent for the option period and of Tenant's exercise of the option. Tenant's failure to give
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notice of acceptance of the proposed Rent and Tenant's exercise of the option shall be a waiver of the upcoming option
period.
Section 1.06—INTENTIONALLY DELETED
ARTICLE II. RENT
Section 2.01—Rent:
Commencing on the Term Commencement Date and continuing during the entire term of this Lease,Tenant
shall pay annual"Rent"for the Premises payable to Landlord,without demand,deduction,set-off or counterclaim,in
equal installments in advance,on or before the first(1st)day of each month,as follows:
Rent Per Monthly Annual
Year Sq.Feet Sq.Ft. Rent Rent
1 3,379 $27.00 $7,602.75 $91,233.00
2 3,379 $27.00 $7,602.75 $91,233.00
3 3,379 $27.50 $7,743.54 $92,922.50
4 3,379 $28.00 $7,884.33 $94,612.00
5 3,379 $28.50 $8,025.13 $96,301.50
6 3,379 $29.00 $8,165.92 $97,991.00
7 3,379 $29.50 $8,306.71 $99,680.50
8 3,379 $30.00 $8,447.50 $101,370.00
9 3,379 $30.50 $8,588.29 $103,059.50
10 3,379 $31.00 $8,729.08 $104,749.00
Total $971,152.00
Total Initial 10 Year Term $971,152.00
The first installment of Rent shall be paid on the Term Commencement Date. If the Term Commencement
Date occurs on other than the first(Pt)day of a month,Rent shall be prorated on a daily basis on the basis of a thirty
(30)day month.
Section 2.02-Payments by Tenant:
Unless otherwise stated,all sums of money or charges payable to Landlord from Tenant by this Lease,other
than Rent, are defined as "Additional Rent" and are due on the first day of each month with the payment of Rent,
without any deductions, set-offs or counterclaims, and failure to pay such charges carries the same consequences as
Tenant's failure to pay Rent. All payments and charges required to be made by Tenant to Landlord hereunder shall
be payable in coin or currency of the United States of America, at the address indicated herein. No payment to or
receipt by Landlord of a lesser amount than that amount required to be paid hereunder shall be deemed to be other
than on account of the earliest amount of such obligation then due hereunder. No endorsement or statement on any
check or other communication accompanying a check for payment of any amounts payable hereunder shall be deemed
an accord and satisfaction,and Landlord may accept such check in payment without prejudice to Landlord's right to
recover the balance of any sums owed by Tenant hereunder. In the event Landlord bills Tenant for any charge
hereunder and within ninety (90) days of receipt of the same Tenant does not provide Landlord with notice that it
disputes such charge,then Tenant waives any further right to dispute such charge.
Section 2.03-Security Deposit:
None.
Section 2.04-Late Charge:
In the event any sums required hereunder to be paid are not received by Landlord the date the same are due,
then, Tenant shall immediately pay, as Additional Rent, a service charge equal to Fifty and no/100 Dollars($50.00).
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In addition,interest shall accrue on all past due sums from the due date thereof at an annual rate equal to one percent
(1%)per month. Such interest shall also be deemed Additional Rent. Notwithstanding this service and interest charge,
Tenant shall be in Default(as hereinafter defined)if all payments required to be made by Tenant are not made at or
before the times herein stipulated.
ARTICLE III. PREPARATION OF PREMISES
Section 3.01—Landlord's Work-As Is Condition:
Landlord will deliver the Premises to Tenant"as-is"but in a clean condition with all systems in good working
order with all of the prior tenants' fixtures and specialized improvements removed and all HVAC equipment in good
condition("Landlord's Work").
Section 3.02-Delivery Date:
(a)Landlord shall deliver the Premises to Tenant on the Delivery Date for the performance of Tenant's Work.
Tenant agrees to take physical possession of the Premises and begin its work under Section 3.03 on the Delivery Date
Tenant agrees to diligently perform Tenant's Work to completion. If the Premises are not delivered to Tenant within
thirty(30)days from the Delivery Date,Landlord and Tenant shall have the option to terminate this Lease upon prior
written notice to the other party, and,in such event,this Lease shall thereafter be null and void and of no further force
or effect,and any money or security deposited hereunder shall be returned to Tenant and thereafter neither party shall
have any further liability to the other, either for damages or otherwise,by reason of such termination as though this
Lease had not been executed in the first instance. Under no circumstances shall Landlord be liable to Tenant in
damages for any delay in commencing or completing the Premises, or for a total failure to complete same or for a
failure to deliver same.
(b)Tenant hereby expressly agrees that the entry or occupancy of the Premises by Tenant or Tenant's agents
or contractors prior to the date herein fixed for the Term Commencement Date shall be governed by and shall be
subject to all of the terms and provisions of this Lease,and Tenant shall observe and perform all its obligations under
this Lease,but excepting its obligations to pay for temporary utilities,Rent,Common Area Expenses,Insurance,from
the Delivery Date (or from the date when Tenant commences to perform Tenant's Work, if earlier) until the Term
Commencement Date.
Section 3.03—Tenant's Work:
(a) Other than work to be completed by Landlord pursuant to Section 3.01, all work is to be performed by
Tenant,at its sole expense,("Tenant's Work")in accordance with Exhibit"C,"which work shall include any and all
fixturing work necessary and desirable for the operation of Tenant's business. All entry into the Premises and work
done by Tenant shall be at Tenant's risk. Tenant shall prepare and submit to Landlord store design and working
drawings of Tenant's Work. In the event Tenant's plans and specifications, in Landlord's reasonable judgment, are
inconsistent with the terms of this Lease and/or would subject Landlord to additional costs or expenses in the
performance of Landlord's Work, and/or would provide for or require any installation or work which is or might be
unlawful or create an unsound or dangerous condition or adversely affect the structural soundness of the Premises or
the building of which the same forms a part,and/or would interfere with the use and enjoyment of any adjoining space
in the building in which the Premises are located,then,in the event Landlord determines that Landlord and Tenant are
unable to agree upon store design drawings and/or working drawings, Tenant shall have the option, upon ten (10)
days' written notice to Landlord to declare this Lease null and void and of no further force and effect,in which event
this Lease shall terminate.All work performed by Tenant shall be subject to Landlord's prior written approval(which
shall not be unreasonably withheld or delayed) and shall be in accordance with good construction practices, all
applicable laws, codes, ordinances, regulations, and insurance requirements and Landlord's reasonable rules and
regulations. No material deviations from the final plans and specifications, once approved by Landlord, shall be
permitted without Landlord's additional approval. Tenant shall obtain, at Tenant's sole expense, all certificates and
approvals which may be necessary so that a certificate of occupancy for the Premises may be issued.Upon the issuance
of the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Tenant shall ready the
Premises for the opening of Tenant's business by the Term Commencement Date.
(b) Tenant Allowance. Landlord shall furnish to Tenant a "Tenant Allowance" in the amount not to
exceed $67,580 ($20.00*3,379 square feet) within thirty (30) days after the date Tenant opens for business with
the public at the Premises and Landlord has received all of the following in a form reasonably acceptable to Landlord:
3
(1) a request for payment of the Tenant Allowance from Tenant; (2) full and final lien releases from the general
contractor and all subcontractors; (3) a sworn construction statement from the general contractor referencing the total
costs incurred in designing, engineering and constructing Tenant's Work; (4) a certificate of occupancy or other
similar documentation from the City of Eden Prairie; (5) a written statement from Tenant's architect or contractor that
Tenant's Work is substantially completed in accordance with Tenant's Plans; (6) evidence that Tenant has
corrected all punch list items to the satisfaction of Landlord;and(7)evidence that any costs incurred in designing,
engineering and constructing Tenant's Work in excess of the Tenant Allowance have been paid by Tenant.
Notwithstanding the above, Landlord shall not be obligated to pay the Tenant Allowance as long as Tenant has
failed to perform or comply with any term or condition of this Lease. Landlord shall be permitted to offset against
the Tenant Allowance any amounts past due to Landlord by Tenant under this Lease. All additional Tenant costs in
excess of the allowance are at Tenant's sole cost.
(c) Reimbursement of Tenant Allowance on Default by Tenant. In the event that Tenant is in Default
under this Lease and Tenant fails to cure such Default for period of thirty(30)days and this Lease is terminated,
Tenant shall immediately reimburse to Landlord the amount of the unamortized balance of the Tenant Allowance
calculated on a straight-line basis over the Lease Term. The amount of the unamortized balance of the Tenant
Allowance reimbursed to Landlord shall be calculated in accordance with the formula R=TA x (RM/120)where
"R" is the amount to be reimbursed to Landlord by Tenant, where "TA" is the total amount of the Tenant
Allowance,where"RM"is the number of months remaining from the date of Default through the Expiration Date of
the initial Lease Term rounded up to the larger number of months. "120"is the total number of months in the initial
lease term. For purposes of this provision only, the date of Default shall be deemed to be a date that is thirty(30)
days after Landlord gives notice of Default to Tenant. Landlord shall have the right to reimbursement under this
Section in addition to all other remedies available under this Lease or at law or in equity.
Section 3.04-Alterations by Tenant:
(a)During the term of this Lease,Tenant may not make any exterior or structural alterations to the Premises
without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. In
addition, Tenant shall not make any interior alterations, except for alterations to the decor of the Premises provided
such alterations affect color or merchandising aspects of the interior only, without giving prior written notice to
Landlord and Landlord giving Tenant its written consent therefore. Any such alterations shall be performed in a good
and workmanlike manner and in accordance with applicable legal and insurance requirements and the terms and
provisions of this Lease.
(b)In the event that any mechanic's lien is filed against the Premises or Shopping Center as a result of any
work or act of Tenant,Tenant,at its expense, shall discharge or provide security acceptable to Landlord within sixty
(60)days from the filing thereof. If Tenant fails to discharge or provide such security regarding said mechanic's lien,
Landlord may bond or pay without inquiring into the validity or merits of such lien and all sums so advanced shall be
paid to Landlord as Additional Rent.
(c)Prior to the commencement of any work by Tenant,Tenant shall obtain commercial general liability and
workers' compensation insurance to cover every contractor to be employed by Tenant and shall deliver duplicate
originals of all certificates of such insurance to Landlord for written approval.
(d)If,in an emergency,it shall become necessary to make repairs required to be made by Tenant,Landlord
may reenter the Premises and proceed to have such repairs made and pay the costs thereof. Tenant shall pay Landlord
the costs of such repairs as Additional Rent.
ARTICLE IV. CONDUCT OF BUSINESS
Section 4.01-Use and Trade Name:
(a) Tenant shall use and occupy the Premises for the following purpose only, and for no other purpose
whatsoever, retail store selling animal pet food, supplies and accessories. Tenant may invite its customers to bring
their pets and domestic animals into the premises,however Tenant must indemnify Landlord for any property damage
or claims arising therefrom. In addition,Tenant may arrange from time to time for outside vendors to use the Premises
to promote,fundraise,and provide services for animal wellbeing,vaccinations and basic pet care and advice. Tenant
shall not be allowed to operate a veterinary clinic in the Premises.
4
(b) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's
business or other activity carried on in the Premises,or if a failure to procure such a license or permit might or would
in any way adversely affect Landlord or the Shopping Center, then Tenant, at Tenant's expense, shall duly procure
and thereafter maintain such a license or permit and submit the same for inspection by Landlord. Tenant,at Tenant's
expense,shall,at all times,comply with the requirements of each such license or permit.
(c)Tenant shall operate its business from the Premises under the following trade name: Chuck&Don's Pet
Food&Supplies.
(d) During the term of this Lease, as renewed,the Landlord agrees that it will not lease any portion of the
Shopping Center to any tenant that would be in violation of the Restrictive Use Covenant set forth in Section 20.01
without written permission from the Tenant.
Section 4.02-Utilities natural gas, electricity,sewer, water, garbage-CAM
Tenant shall pay directly to the public utility companies the cost of gas,electrical,and telecommunications.
In the event that Landlord supplies or pays for any such utilities, then as Additional Rent, Tenant shall reimburse
Landlord for the same. In the event,for any reason whatsoever,any particular utility is not separately metered,then,
and in that event, Tenant shall be responsible for its share based upon the Pro Rata Share or other formula that
Landlord,in its reasonable discretion with consultation with Tenant, deems appropriate.Landlord shall not be liable
to Tenant for damages or otherwise(i)if any utilities shall become unavailable from any public utility company,public
authority or any other person or entity supplying or distributing such utility, or(ii)for any interruption in any utility
service (including,but without limitation, any heating, ventilation or air conditioning) caused by the making of any
necessary repairs or improvements or by any cause beyond Landlord's reasonable control unless Landlord's
negligence,interference or intentional act causes the unavailability or interruption.
Section 4.03-Signage:
(a) Premises Building Signs. Tenant may maintain a sign in two panels (front and back) as designated by
Landlord in the existing pylon located on the Property at the corner of Den Road and West 78th Street and may install
maximum lawful signage on the façade of the building housing the Premises,along with Tenant's internal signage,as
well as such other signs in a location, size and style as are permitted by the City of Eden Prairie City Code. If the
existing pylon located on the Property is replaced Tenant shall be entitled to the same amount of square footage on
the replacement pylon for a sign as is provided hereunder on the existing pylon. The location,type,whether front and
back and number of signs shall be determined by the Landlord in its sole discretion. Notwithstanding Landlord's
approval and/or the terms of this Lease, Tenant's signs shall conform to all applicable legal, zoning, and insurance
requirements and limitations. Tenant shall pay for all costs in connection with such signs and shall be responsible for
the cost of proper installation and removal thereof and any damage caused to the Shopping Center and/or Premises
thereby. In the event Landlord deems it necessary to remove such signs (for example, to perform repairs to the
Premises,Common Areas or other parts of the Shopping Center),then Landlord shall have the right to do so,provided,
however,Landlord shall replace said signs as soon as practicable at Landlord's sole cost. Any interior signs must be
tasteful and shall be prepared in a professional manner(not hand-lettered).
(b)Sign Approval. All signage shall comply with a signage plan and diagrams submitted by Tenant subject
to the written approval of Landlord.
Section 4.04—Tenant's Warranties:
Tenant warrants, represents, covenants and agrees to and with Landlord, that throughout the term hereof it
shall: (i)keep the Premises and any platform or loading dock used by Tenant in a neat and clean condition, (ii)pay,
before delinquent,any and all taxes,assessments and public charges imposed upon Tenant's business or fixtures,and
pay when due all fees of similar nature, (iii) observe all rules and regulations established by Landlord for tenants in
the Shopping(provides such new rules are not inconsistent with any rights of the Tenant under this Lease); (iv) not
use any advertising medium or sound devices inside the Premises which may be heard outside the Premises,or permit
any objectionable odors to emanate from the Premises,(v)operates its business in compliance with all laws,rules and
regulations, (vi) not use or permit the use of any part of the Premises for the sale, rental, display or operation of
amusement,electronic,video machines,games,cassettes or devices without the prior written consent of Landlord or
allow the sale or offering of any lottery or raffle tickets except for occasional fundraisers for charitable organizations,
5
subject to compliance with statutes and rules of the State of Minnesota governing gambling, or permit any form of
games of chance or gambling,in any form,without such similar consent,(vii) not commit or suffer to be committed
any waste upon the Premises,not place a load upon any floor of the Premises which exceeds the floor load per square
foot area which such floor was designated to carry, and not commit or suffer to be committed any nuisance or other
act or thing which may disturb the quiet enjoyment of any other occupant or tenant of the Shopping Center.
Section 4.05-Hazardous Materials:
Tenant agrees that except for de minimis amounts used in the ordinary course of Tenant's business operation
and at all time in compliance with applicable laws, it will not use,permit,hold,release or dispose of any Hazardous
Material(defined hereinafter) on,under or at the Premises or the Shopping Center and that it will not use or permit
the use of the Premises or any other portion of the Shopping Center as a treatment, storage or disposal (whether
permanent or temporary) site for any Hazardous Material. Tenant further agrees that it will not cause or allow any
asbestos to be incorporated into any improvements or alterations which it makes or causes to be made to the Premises.
Tenant hereby holds Landlord harmless from and indemnifies Landlord against any and all losses,liabilities,damages,
injuries,costs,expenses,fines,penalties,and claims of any and every kind whatsoever(including,without limitation,
court costs and attorneys'fees)which at any time or from time to time may be paid,incurred or suffered by,or asserted
against Landlord for,with respect to,or as a direct or indirect result of a breach by Tenant of the foregoing covenants.
For purposes of this Lease, "Hazardous Material"means and includes any hazardous substance or any pollutant or
contaminant defined as such in(or for purposes of)the Comprehensive Environmental Response,Compensation,and
Liability Act,any so-called"Superfund"or"Superlien"law,the Toxic Substances Control Act,or any other Federal,
state or local statute,law,ordinance,code,rule,regulation,order or decree regulating,relating to or imposing liability
or standards of conduct concerning,any hazardous,toxic or dangerous waste,substance or material,as now or at any
time hereafter in effect,or any other hazardous,toxic or dangerous,waste,substance or material.
ARTICLE V. COMMON AREA
Section 5.01-Definition:
The term "Common Areas" shall mean the exterior areas the Property. and shall include but shall not be
limited to all parking areas and facilities, roadways, driveways, entrances and exits, truck service ways, utilities,
retention ponds or basins located within or outside the Shopping Center, retaining and exterior walls, sidewalks,
landscaped and planted areas, loading docks,roofs,equipment and signs.
Section 5.02-Use:
During the term of this Lease Tenant is granted,subject to Landlord's rules and regulations promulgated by
Landlord from time to time, the nonexclusive license to permit its customers and invitees to use the sidewalks,
customer parking areas, the entrance and exit ways designated by Landlord for access and egress to and from the
Premises from a public street or highway. Notwithstanding anything contained in this Lease to the contrary,Landlord
shall have the right, at any time and from time to time, without notice to or consent of Tenant, to change the size,
location,elevation and nature of any of the stores in the Shopping Center(other than Tenant's store)or of the Common
Areas,or any part thereof,including,without limitation,the right to locate and/or erect thereon kiosks,structures and
other buildings and improvements of any type;provided,however,no such change shall(a)unreasonably restrict or
interfere with the operation of Tenant's business or(b)reduce the number of parking spaces or access drives to cause
the Shopping Center not to comply with all applicable laws,rules and ordinances.
Section 5.03-Common Area Expenses:
Landlord agrees, subject to events beyond its reasonable control,to maintain and keep in good service and
repair the Common Areas. The manner in which such areas and facilities shall be maintained,managed and operated,
and the expenditures therefore,shall be at the sole discretion of Landlord and the use of such areas and facilities shall
be subject to such reasonable rules and regulations as Landlord shall make from time to time. Starting with the Term
Commencement Date and continuing throughout the entire term of this Lease,Tenant shall pay,as Additional Rent,
the Common Areas expenses(the"Common Area Expense").
Section 5.04—Operating Costs:
Tenant shall, for the entire Term of this Lease, and without any abatement, set-off or deduction therefrom,
pay to Landlord as additional rent its Pro Rata Share,as hereinafter defined,of all costs which Landlord may incur in
6
maintaining and operating the entire Project.Said costs shall be referred to herein as"Operating Costs"and are hereby
defined with respect to any calendar year to include but not be limited to the following costs incurred by Landlord in
such calendar year with respect to the project: all installments of special assessments which shall accrue or become a
lien against,or are payable in respect of,any part of the Project during the Term of this Lease;all other governmental
impositions relating to the Project, including but not limited to amounts payable under assessment agreements; the
costs of,water and sewer utilities, insurance, security, landscaping,janitorial and cleaning services; all employment
costs including salaries, wages and fringe benefits; all management fees, including expenses reimbursable to any
manager; fees for professional services; charges under maintenance and service contracts; all supplies purchased for
use in the Project; all maintenance and repair costs; any equipment rental; amortization of the cost of capital
improvements made subsequent to the date of this Lease (i)to reduce Operating Costs or limit increases therein, or
(ii)required by Landlord's insurance carrier or(iii)required by any law,rule,regulation or order of any governmental
or quasi-governmental authority having jurisdiction; and any and all other costs of operation, whether ordinary or
extraordinary.
Operating Costs shall not include Major Capital Improvements or direct out-of-pocket costs of the following: gas,
electric, telecommunications, leasing commissions and costs of marketing; the cost of constructing leasehold
improvements;payments of principal and interest on any mortgages, deeds of trust or other encumbrances upon the
Project;the capital cost of the Project or any depreciation or amortization thereof except as provided above;the cost
of any items for which Landlord is directly reimbursed by insurance proceeds,condemnation awards,a tenant of the
Project or the like; wages, salaries or other compensation paid to executive employees of Landlord or the property
manager ranking above the highest-ranking, on-site employee; costs associated with the operation of the business of
the entity which constitutes Landlord,which costs are not directly related to maintaining or operating the Project(by
way of example, the formation of the entity, internal accounting and legal matters, including but not limited to
preparation of tax returns and financial statements and gathering of data therefore, costs of defending any lawsuits
related to maintaining or operating the Project, costs of selling, syndicating, financing,mortgaging or hypothecating
any of Landlord's interest in the Project,and costs of any disputes between Landlord and its employees);any expense
representing an amount paid for products or services(other than overall property management)to a person or entity
relating to or affiliated with Landlord which is in excess of the fair market value of such services and products; fees
incurred in disputes with tenants; costs of remediation of Hazardous Materials which are(i)in or on the Project as of
the date of this Lease and which are classified as Hazardous Materials as of the date of this Lease under laws in effect
as of the date of this Lease, or(ii)which are subsequently brought onto the Project by Landlord or with the express
consent of Landlord and which are on the date of their introduction onto the Project classified as Hazardous Materials
under laws in effect as of the date of such introduction,excluding in the case of both(i)and(ii)above,lawful use and
disposition of reasonable quantities of supplies used in the ordinary course of operation and maintenance of like
projects. For purposes of this Section 5.04, a Major Capital Improvement is the addition of a permanent structural
change or the restoration of some aspect of a property that will either enhance the property's overall value,increase its
useful life or adapt it to new uses and has a life expectancy when installed of more than 20 years.
Section 5.05—Estimated Common Area Expenses and Operating Costs:
As frequently hereafter as Landlord shall deem appropriate,Landlord may give Tenant notice of Landlord's
estimate of Common Area Expenses and Operating Costs ("C&O Costs") for the then-current calendar year
("Estimated C&O Costs"). Tenant shall pay on the first day of each calendar month during the Term, as additional
rent hereunder, one-twelfth (1/12) (or rentable portion thereof for partial months) of Tenant's Pro Rata Share of
Estimated C&O Costs. In 2018 the C&O Costs were $5.38 per square foot of the Premises (3,379) (not including
Taxes imposed under Minnesota Statutes Section 272.01,Subd.2)for a total of$18,179.02 per year. The C&O Costs
shall be paid in advance, in equal monthly installments of on or before the first day of each month. Taxes payable
pursuant to section 7.01 were$6.00 per square foot in 2018.
Section 5.06—Tenant's Pro Rata Share:
Tenant's "Pro Rata Share" is .2589 (25.89%), which is calculated as follows: a fraction, the numerator of
which is the Rentable Area of the Premises,which is 3,379 square feet,and the denominator of which is the Rentable
Area of all areas in the Project designated by Landlord for lease, excluding separately leased storage and parking
areas,which is 13,051 square feet.
Section 5.07-Actual Common Area Expenses and Operating Costs:
Within a reasonable time after the expiration of each calendar year,not to exceed ninety(90)days,Landlord
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shall submit to Tenant a statement setting forth the actual Common Area Expenses and Operating Costs ("Actual
C&O Costs") of the Project for such calendar year, (a) Tenant's Pro Rata Share of Actual C&O Costs, and(b) the
aggregate of Tenant's payments of Estimated C&O Costs for such year. Within thirty(30) days after the delivery of
such statement(including any statement delivered after the expiration or termination of the Term of this Lease),the
party in whose favor the difference,if any,between(a) and(b)exists shall pay the amount of such difference to the
other;provided,however,that overpayments by Tenant may at Landlord's option be credited against future payments
of Estimated C&O Costs except with respect to the last year of the Term. Landlord's books and records relating to
Actual C&O Costs for any particular calendar year shall be available for inspection by Tenant,during the ninety(90)-
day period following delivery of Landlord's statement with respect to such year, and during normal business hours
upon prior appointment at Landlord Address set forth hereinabove or such other address within the metropolitan area
as designated by Landlord in notice to Tenant.Each statement furnished by Landlord hereunder shall constitute a final
determination upon Tenant unless Tenant shall within ninety(90) days after delivery thereof give written notice to
Landlord that Tenant disputes the accuracy thereof,which notice shall specify in reasonable detail the inaccuracies of
the statement.
Section 5.08—Accounting Year:
Landlord may at its option by thirty(30)days written notice to Tenant change its accounting year hereunder
from the calendar year to a fiscal year, making such adjustments from the end of the last calendar year to the
commencement of the first full fiscal year as shall be appropriate pursuant to generally accepted accounting principles.
Upon such change,references in this Article V to a calendar year shall be deemed to be references to a fiscal year.
ARTICLE VI. REPAIRS AND MAINTENANCE
Section 6.01—Landlord's Obligations:
Landlord shall make,at Landlord's sole cost and expense,all repairs and perform all maintenance work that
are necessary in order to keep the Common Areas,the Premises and equipment servicing the Premises,including but
not limited to all utilities,the sprinkler system,if any,and the heating,ventilating and air conditioning unit(s),in good
order and repair and in a safe and dry tenantable condition and in compliance with all regulations, codes and
ordinances, including keeping in good repair the parking lot, sidewalks, sewer and water lines outside the Premises
and the structural supports,inclusive of the roof,foundation,and demising walls of the Premises.
Section 6.02—Tenant's Obligations:
Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all
repairs to the Premises as may be necessitated by improper uses of Common Areas, utilities, trash and recycling
storage,by any break-in,forcible entry or other trespass into or upon the Premises,regardless of whether or not such
entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours except to the
extent caused by Landlord's negligence.
ARTICLE VII. REAL ESTATE TAXES
Section 7.01-Taxes Payable by Tenant
(a) Starting with the Delivery Date Tenant shall be responsible for payment to the appropriate taxing
authority of all Taxes as defined in Section 7.01.2. Tenant shall inform all taxing authorities, including Hennepin
County, of Tenant's obligation for the Taxes and request any notice for Taxes be sent directly to Tenant with a copy
to Landlord. Tenant shall pay Taxes directly to the taxing authority without any further request from Landlord. Tenant
shall notify Landlord of all payment of Taxes made by Tenant. In the event that Tenant does not pay any of the Taxes,
Landlord shall have the right to pay the Taxes. In the event that Landlord pays any Taxes,Tenant shall,upon demand,
reimburse Landlord for any Taxes paid and any additional costs incurred by Landlord as a result of making such
payments.
(b) "Taxes"shall be defined as: real estate taxes and any other taxes, charges and assessments, which
are levied with respect to the Premises or the land appurtenant to the Premises,or with respect to any improvements,
fixtures and equipment or other property of Landlord,real or personal,located in the Premises and used in connection
with the operation of the Premises and said land,including without limitation all taxes payable pursuant to Minnesota
Statutes Section 272.01, Subd. 2. Taxes include all fees, expenses and costs incurred by Landlord in Investigating,
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protesting, contesting or in any way seeking to reduce or avoid increase in any assessments, other than special
assessments against the Property, levies or the tax rate pertaining to any Taxes to be paid by Landlord in any Lease
Year. Taxes shall not include any special assessments under Minnesota Statutes Chapter 429,corporate franchise,or
estate,inheritance or net income tax,or tax imposed upon any transfer by Landlord of its interest in this Lease or the
Premises. For purposes of determining Taxes, the term Shopping Center or Project shall be deemed to include any
land upon which parking facilities,berms, landscaping, lighting and/or off-site sewer and utility systems (including
drainage and flood control and retention ponds) serving the Shopping Center are located, with all improvements
situated thereon,provided however that once any such area,or portion thereof,is sold by Landlord,then such area,or
portion thereof, would no longer be so included. The term"Taxes" also includes, if and when applicable, all costs
reasonably incurred in any proceeding brought by Landlord to reduce said Taxes. If at any time during the term of
this Lease,the present method of taxation shall be changed so that in lieu of or in addition to the whole or any part of
any Taxes levied,assessed or imposed on real estate and the improvements thereon or imposed upon any personality
used in connection therewith or upon the collection of rents or other sums due hereunder,there shall be levied,assessed
or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax,
assessment, levy or charge measured by or based, in whole or in part,upon such rents for the present or any future
building or buildings in the Shopping Center,then all such taxes,assessments,levies or charges,or the part thereof so
measured or based,shall be deemed to be included within the term"Taxes"for the purposes hereof.
(c) In addition to Rent, Taxes, and other charges to be paid by Tenant under this Lease, Tenant shall
reimburse to Landlord,upon demand, any new taxes imposed by a federal, state,or local government upon Landlord
that Landlord is obligated to pay as a result of Tenant's use of the Premises under this Lease.
(d) If the Delivery Date is other than January 1 or if the Termination Date is other than December 31,
Tenant's liability for Taxes for the Lease Year in which said Date occurs shall be prorated based upon a three hundred
sixty-five(365)day year.
Section 7.02-Method of Payment:
All taxes dues pursuant to Minnesota Statutes Section 272.01 Subd. 2 shall be paid directly by Tenant to
Hennepin County.The tax imposed under Minnesota Statutes Section 272.01,Subd.2 is billed through a tax statement
sent in the year following the year for which it imposed. By way of example Tenant will receive the 2019 tax statement
in 2020 and yearly thereafter so that the statement for the final year of the initial term(2028)will be received and paid
for by Tenant in 2029. For all other Taxes Tenant shall pay its proportionate share of such Taxes by the following
method:one-twelfth(1/12)of the Taxes estimated to be due by Landlord shall be paid each month with Rent until the
end of the first tax year after the Term Commencement Date; thereafter,the monthly payments shall be based upon
the tax bill for the previous tax year plus any reasonably anticipated increases. Any adjustments necessary for the
amount paid for the previous tax year shall be debited or credited(as the case may be)in the next monthly installments
until the liability has been extinguished. Notwithstanding the end of the term hereof,Tenant shall continue to be liable
to Landlord for all Taxes incurred by Landlord for the term of this Lease,and Tenant shall promptly remit to Landlord
any amount due to Landlord upon notice from Landlord to Tenant. Notwithstanding anything contained in this Article
VII to the contrary, if Landlord is required to pay Taxes in advance, Tenant shall pay to Landlord on the Term
Commencement Date,an amount equal to Tenant's proportionate share of Taxes for the entire tax year in which the
Term Commencement Date occurs.
ARTICLE VIII. INSURANCE
Section 8.01—Tenant's Insurance Obligations:
(a) General Liability Coverage. Tenant agrees to carry,at its own expense,throughout the Term of this
Lease, Commercial General Liability insurance in the broadest form obtainable (including contractual liability
coverage)covering the Premises and Tenant's use of the Premises with a minimum coverage of One Million Dollars
($1,000,000)per occurrence and Two Million Dollars($2,000,000)aggregate for Bodily Injury and Property Damage,
including Loss of Use.Tenant may satisfy its obligation to maintain Commercial General Liability insurance, as
required pursuant to this Section 8.01,by obtaining a combination of primary liability and umbrella/excess liability
policies that total a minimum of$2,000,000 per occurrence limit. Tenant's insurance policies shall be written with
insurers licensed to do business in the state in which the Premises is located, in a form satisfactory to Landlord and
shall carry an A.M.Best rating of at least A-.Tenant's policies shall name Landlord as an additional insured and shall
be endorsed to provide Landlord with no less than thirty(30)days prior written notice of cancellation or non-renewal.
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Tenant's policies shall also be endorsed to reflect that in the event that coverage benefiting Landlord exists under both
Landlord's and Tenant's policies, coverage under the Tenant's policies shall be primary. 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.
(b) Property Coverage. Tenant shall bear the entire risk of loss for all of its property,furniture,fixtures,
carpets, machinery, improvements & betterments, equipment, inventory, stock in trade and goods placed in the
Premises. Tenant shall carry, at its sole cost and expense, Special Perils"all-risk"property coverage,including Loss
of Income,of the broadest form available covering the above property on a full replacement cost basis.Coverage shall
include improvements to the Premises while under construction or installation by Tenant. Said policy shall include a
waiver of subrogation against Landlord as to loss or damage covered by such policy.
(c) Workers'Compensation Coverage.Tenant shall also carry at all times such Workers'Compensation
insurance as to comply with the laws and regulations of the state Minnesota,which may include self-insurance under
Minn. Stat. § 176.181, Subd 2 and shall provide Landlord with a Certificate evidencing coverage currently in force.
(d) Basic Insurance Requirements. Tenant shall provide Landlord with Certificates of Insurance
(ACORD 25)prior to the date of occupancy by Tenant and within thirty(30)days of the anniversary of said insurances,
evidencing the above-required coverages. Tenant's policies shall name Tenant as insured and Landlord as additional
insured as their interests may appear.Tenant shall require any Contractor of Tenant performing work on the Premises
to maintain the same coverages as required of Tenant and to provide the same evidence of such coverage to Tenant
before Tenant's Work begins.Failure on the part of Tenant to provide such evidence of insurance may cause,but does
not obligate,Landlord to effect such coverage and in such event,Tenant agrees to pay the premium for such coverage
promptly upon Landlord's demand,plus and administrative fee of fifteen percent(15%)of the total cost thereof.
(e) Additional Requirements.In addition to the requirements stated above,the following applies to the
insurance policies required under this Paragraph.All polices except Worker's Compensation O shall be written on an
"occurrence" form("claims made" and"modified occurrence"forms are not acceptable); (ii) shall contain a waiver
of subrogation naming"the City of Eden Prairie";(iii)shall name"the City of Eden Prairie"as an additional insured;
(iv) shall be primary and non-contributory; and (v) shall insure the defense and indemnity obligations assumed by
Tenant under this Lease. Further all polices shall contain a provision that coverages afforded there under shall not be
canceled or non-renewed or restrictive modifications added, without thirty (30) days prior written notice to the
Landlord
Section 8.02—Landlord's Insurance Obligations:
(a) Building, Loss of Rental Income and Liability Coverage. Landlord agrees to carry insurance
covering the Shopping Center building (the "Building") and loss of rental income against perils or loss and in an
amount as Landlord may deem appropriate("Landlord's Insurance"),but in the case of the Building,no less than the
replacement value thereof. Landlord's Insurance shall also include coverage for liability arising from the common
areas of the Property. Tenant shall have no rights in said policy or policies and shall not be entitled to be an insured
thereunder.Landlord shall maintain in effect all insurance coverages required under this Paragraph at Landlord's sole
expense and with insurance companies licensed to do business in the state in Minnesota.
Section 8.03—Tenant's Contribution Towards Landlord's Insurance:
Starting with the Term Commencement Date and continuing throughout the entire term of this Lease,Tenant
shall pay to Landlord,as Additional Rent,Tenant's proportionate share of Landlord's insurance expenses("Insurance
Charges"). Tenant's proportionate share of Insurance Charges shall be calculated by multiplying Insurance Charges
by a fraction,the numerator of which shall be the total square footage of the Premises,and the denominator of which
shall be the total gross square footage in the Shopping Center for the applicable billing period. At the end of each
calendar year, there shall be an adjustment if the amount paid by Tenant is less than Tenant's proportionate share
actually incurred in that year so long as Landlord notifies Tenant of such deficiency within ninety(90)days of the end
of the calendar year.
Tenant shall not permit to be done any act which will invalidate or be in conflict with Landlord's insurance
policies covering the Shopping Center or any other insurance referred to in this Lease. Tenant will promptly comply
with all rules and regulations relating to such policies. If the acts of Tenant or its employees or agents shall increase
the rate of insurance referred to in this Lease,such increases shall be immediately paid by Tenant as Additional Rent.
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Notwithstanding anything to the contrary in this Section 8.03, Tenant shall have no liability for any rate insurance
increase to the extent caused by a tenant other than Tenant.
Section 8.04-Waiver of Subrogation:
Notwithstanding any provision of this Lease to the contrary, Landlord and Tenant each hereby release and
waive all rights of subrogation against the other, its officers, directors, employees and agents from any and all loss,
damages or liability covered under any policy of insurance required to be maintained by this Lease, including
deductibles or retentions, notwithstanding that such loss, damages or liability may have arisen from the negligence,
tortious act or omission of the other party,or anyone for whom such party may be responsible
Section 8.05-Indemnification:
Tenant hereby indemnifies and agrees to save harmless Landlord,Landlord's officers,directors,employees,
and agents,and any mortgagee, (collectively, "the Protected Parties"), from and against all claims, losses,liabilities,
damages,penalties, fines and expenses(including but not limited to attorneys'fees)that arise from or in connection
with(i)the possession,use,occupation,management,repairs,maintenance or control of the Premises,or any portion
thereof, inclusive of improvements, and any sidewalks adjoining same, (ii) any act or omission of Tenant, its
employees,agents,contractors,licensees,or invitees,or(iii)any violation,breach,or Default of this Lease by Tenant.
Tenant shall,at its own cost and expense,defend any and all actions which may be brought against any of the Protected
Parties with respect to the foregoing. Tenant shall pay,satisfy and discharge any and all judgments,orders and decrees
which may be recovered against any of the Protected Parties in connection with the foregoing.
Landlord agrees to indemnify and save Tenant harmless from and against any and all claims, actions,
lawsuits, damages, liability and expense (including, but not limited to, reasonable attorneys' fees) arising from
damage, loss or injury to persons or property occurring in, on or about the Shopping Center caused by (a) the
negligence, act or omission of Landlord, its employees, agents or contractors or(b)any violation,breach or Default
of this Lease by Landlord.
The provisions of this Section shall survive the termination of this Lease.
ARTICLE IX. DESTRUCTION OF PREMISES
Section 9.01-Continuance of Lease:
In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the
provisions of Section 8.01 above, so as to become partially or totally untenantable,then the damage to the Premises
shall be promptly repaired by Landlord unless Landlord shall elect not to rebuild or repair as hereinafter set forth.
Except in the case of termination, Rent shall be abated in proportion to the amount of the Premises rendered
untenantable until so repaired.If more than twenty-five percent(25%)of the Premises or twenty-five percent(25%)
of the floor area of the Shopping Center or the Regional Development shall be damaged or destroyed by fire or other
casualty,then Landlord may elect that the Shopping Center, and/or the Premises, as the case may be,be repaired or
rebuilt or,either Landlord or Tenant may elect to terminate this Lease by giving written notice to the other party of its
election to so terminate, such notice to be given within ninety (90) days after the occurrence of such damage or
destruction. If the Lease is not terminated and Landlord is required or elects to repair or rebuild the Premises as herein
provided, upon completion of such work by Landlord, Tenant shall immediately repair or replace its merchandise,
improvements, trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that
immediately prior to its damage or destruction. Landlord shall give Tenant written notice of Landlord's intent
regarding reconstruction,including the length of time for reconstruction,within sixty(60)days of the casualty.
Section 9.02-Reconstruction;Rent Abatement:
If all or any portion of the Premises is damaged by fire or other casualty and this Lease is not terminated in
accordance with the above provision, then all insurance proceeds however recovered shall be made available for
payment of the cost of repair, replacing and rebuilding. Landlord shall use the proceeds from the insurance as set
forth herein to repair or rebuild the Premises to its condition as on the Delivery Date, and Tenant shall, using the
proceeds from the insurance provided for in Section 8.01,repair,restore,replace or rebuild that portion of the Premises
constituting Tenant's Work as defined herein together with any additional improvements installed by Tenant,such that
the Premises shall be restored to its condition as of immediately prior to the occurrence of such casualty. If Tenant's
insurance proceeds shall be less than Tenant's obligation hereunder, Tenant shall pay the entire excess cost. Rent,
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which is payable hereunder during the existence of such damage and until such repair or rebuilding is substantially
completed by Landlord,shall be equitably abated. Equitable abatement shall terminate upon the earlier of(i)the date
upon which Tenant operates its business within the Premises or(ii) thirty(30) days following the date upon which
Landlord substantially completes its repair or rebuilding work to the Premises.
ARTICLE X. CONDEMNATION
Section 10.01-Eminent Domain:
If twenty-five percent (25%) or more of the Premises shall be taken or condemned by any government
authority, then either party may elect to terminate this Lease by giving notice to the other party not more than sixty
(60)days after the date of which such title shall vest in the authority. If the parking facilities are reduced below the
minimum parking requirements imposed by the applicable authorities, either Tenant or Landlord may elect to
terminate this Lease by giving the other party notice within ninety(90) days after such taking. In addition, if any
Major Tenant shall terminate its lease with Landlord pursuant to a taking of its store, either Tenant or Landlord may
terminate this Lease on written notice to the other party within sixty(60) days after notice to Landlord that a Major
Tenant is terminating its lease. In the case of any taking or condemnation,whether or not the term of this Lease shall
cease and terminate,the entire award shall be the property of Landlord;provided,however, Tenant shall be entitled
to any award as may be allowed for fixtures and other equipment which under the terms of this Lease would not have
become the property of Landlord; further provided,that any such award to Tenant shall not be in diminution of any
award to Landlord as a result of such taking or condemnation.
ARTICLE XI. ASSIGNING, SUBLETTING AND ENCUMBERING LEASE
Section 11.01-Assigning,Subletting and Encumbering Lease:
(a) Except as otherwise set forth in this Lease(including any riders),Tenant shall not without Landlord's
prior written consent,which shall be subject to Landlord's sole discretion(i)assign or otherwise transfer,or mortgage
or otherwise encumber,this Lease or any of its rights hereunder,(ii)sublet the Premises or any part thereof,or permit
the use of the Premises or any part thereof by any persons other than Tenant or its agents,or(iii)permit the assignment
or other transfer of this Lease or any of Tenant's rights hereunder by operation of law. Any attempted or purported
transfer,assignment,mortgaging or encumbering of this Lease or any of Tenant's interest hereunder and any attempted
or purported subletting or grant of a right to use or occupy all or a portion of the Premises in violation of the foregoing
sentence shall be null and void and shall not confer any rights upon any purported transferee, assignee, mortgagee,
sublessee or occupant.
(b) If Tenant desires at any time to assign or transfer this Lease or sublet(or permit occupancy or use
of)the Premise,it shall first give Landlord written notice of its desire to do so and shall submit in writing to Landlord
(i)the name of the proposed assignee,mortgagee,subtenant or other transferee(any of the foregoing being hereinafter
referred to as an"Assignee"),(ii)the nature of the proposed Assignee's business to be carried on the Premises,(iii)a
copy of the proposed Assignment agreement and any other agreements to be entered into concurrently with such
Assignment, including full disclosure of all financial terms, and (iv) such financial information as Landlord may
reasonably request concerning the proposed Assignee. Tenant shall pay to Landlord a reasonable fee for Landlord's
expenses, including attorneys' fees, in reviewing such proposed Assignment. Neither the furnishing of such
information nor the payment of such fee shall limit any of Landlord's rights or alternatives under this Article 11. For
thirty(30) days following receipt of said notice, Landlord shall have the right, exercisable by sending written notice
to Tenant,to (i) object to such assignment, sublet or transfer or(ii)terminate this Lease if all of the Premises were
affected by the assignment or sublease. The consent by Landlord to any assignment,transfer or subletting to any party
shall not be construed as a waiver or release of Tenant under the terms of any covenant or obligation under this Lease,
nor shall the collection or acceptance of rent from any such assignee, transferee, subtenant or occupant constitute a
waiver or release of Tenant of any covenant or obligation contained in this Lease, nor shall any such assignment,
transfer or subletting be construed to relieve Tenant from giving Landlord said thirty(30)days notice or from obtaining
the consent in writing of Landlord to any further assignment,transfer or subletting. Once Tenant has given Landlord
notice of a proposed assignment or subletting,Landlord's failure to respond within such 30-day period shall be deemed
to be Landlord's consent to such assignment or subletting.
(c) Notwithstanding anything to the contrary above,Tenant shall have the right,upon fifteen(15)days
prior written notice to Landlord but without Landlord's prior consent,(i)to sublet all or part of the Premises to Tenant's
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parent company("Parent"), or to any entity which is a subsidiary of Tenant or its Parent(any of such entities being
herein called a"Parent Affiliate"); or(ii)to assign this Lease(x)to a Parent or a Parent Affiliate,provided that such
subtenant or assignee assumes all of the obligations and liabilities of Tenant arising under this Lease and Tenant is
not released from liability hereunder.
In addition, Tenant's shareholders shall be permitted to sell and transfer their shares and interests in the
Tenant to each other and to third parties without such sales or transfers requiring Landlord's consent and the sale of
additional shares or securities of Tenant, including, without limitation, an initial public offering, shall not be
considered an assignment,subleasing or other transfer of this Lease.
Further Landlord consents to the assignment of this Lease to Kriser's Feeding Pets for Life,LLC,a California
limited liability company(Kriser's),provided such assignment takes place within twelve (12)months from the date
Lease Execution Date and further provided that Independent Pet Partners Intermediate Holdings,LLC the sole equity
shareholder (directly or indirectly) of Kriser's, executes and delivers to Landlord a guarantee all of the Tenant's
obligations under this Lease in form and substance as attached as Exhibit E.
ARTICLE XII. SUBORDINATION AND FINANCING
Section 12.01-Subordination:
On the condition that such lender grant Tenant non-disturbance,this Lease and Tenant's tenancy hereunder
shall be subject and subordinate at all times to the lien of any mortgage or deed of trust now or hereafter placed upon
the interest of Landlord and the Premises. Tenant also agrees that any mortgagee or trustee may elect to have this
Lease a prior lien to its mortgage or deed of trust, and in the event of such election, and upon notification by such
mortgagee or trustee to Tenant to that effect,this Lease shall be deemed prior in lien to the said mortgage or deed of
trust,whether this Lease is dated prior to or subsequent to the date of said mortgage or deed of trust. Tenant agrees
to execute and deliver such instruments as may be desired by Landlord or by any mortgagee or trustee subordinating
this Lease to the lien of any present or future mortgage or deed of trust,or as may be otherwise required to carry out
the intent of this Section. Tenant hereby appoints Landlord its attorney-in-fact, irrevocably, to execute and deliver
any such instrument of Tenant if Tenant refuses to execute such instrument within fifteen (15) days of Landlord's
written request such instrument.
Section 12.02-Attornment:
If, and so long as this Lease is in full force and effect, then at the option of the mortgagee: (a)this Lease
shall remain in full force, notwithstanding (i) a default under the mortgage by Landlord, or (ii) any bankruptcy or
similar proceedings with respect to Landlord, (b) if any such mortgagee shall become possessed of the Premises,
Tenant shall be obligated to such mortgagee to pay to it the rentals and other charges due hereunder and to thereafter
comply with all the terms of this Lease,and(c)if any mortgagee or purchaser,at a private or public sale shall become
possessed of the Premises, Tenant shall, without charge, attorn to such mortgagee or purchaser as its landlord under
this Lease. Tenant agrees that in the event Landlord is in default under this Lease, any mortgagee or trustee under a
deed of trust of Landlord's interest in the Premises shall be permitted(but not required)to enter the Premises for the
purpose of correcting or remedying such default, and Tenant agrees to accept performance by such mortgagee or
trustee in lieu of performance by Landlord. Tenant further agrees that, from and after written notice from Landlord
of the name and address of any mortgagee or trustee, Tenant will contemporaneously deliver notice to any such
mortgagee or trustee of a default by Landlord under this Lease. Notwithstanding any provision of this Lease,Tenant
agrees that no termination of this Lease or abatement or reduction or rent or any other amounts under this Lease shall
be effective unless and until such mortgagee or trustee has received notice and fails within thirty(30)days of the date
on which Landlord's cure period expires to cure the default of Landlord in question,or if the default cannot be cured
within said thirty(30)days,fails to commence and diligently prosecute the cure of such default.
Section 12.03-Estoppel:
From time to time and upon ten (10) days' notice, Tenant agrees to execute and deliver a written
acceptance/estoppel certificate confirming that Tenant has accepted the Premises and such other facts relative to this
Lease as Landlord or any mortgagee of the Shopping Center may request to be confirmed. If Tenant refuses to execute
such certificate, Tenant hereby appoints Landlord as its attorney-in-fact, irrevocably, to execute and deliver such
certificate for Tenant,or Landlord may elect to terminate this Lease.
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ARTICLE XIII. DEFAULTS
Section 13.01-Events of Default:
If any one or more of the following events occur, said event or events shall hereby be classified as a Tenant
"Default":
(a) If Tenant fails to pay Rent,Additional Rent or any other charges required to be paid by Tenant when
same shall become due and payable, and such failure continues for five (5))ten (10) days after written notice from
Landlord;
(b) If Tenant shall fail to perform or observe any terms and conditions of this Lease, and such failure
shall continue for ten(10)days after written notice from Landlord;
(c) If Tenant refuses to take possession of the Premises at the Delivery Date, or fails to open its doors
for business on the Term Commencement Date as required herein;
(d) If Tenant fails to conduct its business for the use and under the trade name as set forth in Section
4.01;
(e) If Tenant, or any guarantor of Tenant's obligations hereunder, shall make an assignment for the
benefit of creditors or file a petition, in any state court, in bankruptcy, reorganization, composition, or make an
application in any such proceedings for the appointment of a trustee or receiver for all or any portion of its property;
(f) If any petition shall be filed under state law against Tenant or any guarantor of Tenant's obligations
hereunder in any bankruptcy, reorganization or insolvency proceedings, and said proceedings shall not be dismissed
or vacated within thirty(30)days after such petition is filed;
(g) If a receiver or trustee shall be appointed under state law for Tenant or any guarantor of Tenant's
obligations hereunder, for all or any portion of the property of either of them, and such receivership or trusteeship
shall not be set aside within thirty(30)days after such appointment;or
(h) If any execution, levy, attachment or other legal process of law shall occur upon Tenant's goods,
fixtures,or interest in the Premises.
Section 13.02—Landlord's Remedies:
Except as otherwise provided in Article XIV,upon the occurrence of any of the Events of Default described
or referred to in this Article XIII,Landlord shall have the option to pursue any one or more of the following remedies
without any notice or demand whatsoever,concurrently or consecutively and not alternatively:
13.02.2 Landlord may, at its election, terminate this Lease or terminate Tenant's right to possession only, without
terminating the Lease.
13.02.3. Upon any termination of this Lease, whether by lapse of time or otherwise, or upon any termination of
Tenant's right to possession without termination of the Lease, Tenant shall surrender possession and vacate the
Premises immediately,and deliver possession thereof to Landlord,and Tenant hereby grants to Landlord full and free
license to enter into and upon the Premises in such event as permitted by law and to repossess Landlord of the Premises
as of Landlord's former estate and to expel or remove Tenant and any others who may be occupying or be within the
Premises and to remove Tenant's signs and other evidence of tenancy and all other property of Tenant therefrom
without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without incurring
any liability for any damage resulting therefrom, Tenant waiving any right to claim damages for such reentry and
expulsion,and without relinquishing Landlord's right to rent or any other right given to Landlord under this Lease or
by operation of law.
13.02.3. Upon any termination of this Lease, whether by lapse of time or otherwise, Landlord shall be entitled to
recover as damages, all rent, including any amounts treated as additional rent under this Lease, and other sums due
and payable by Tenant on the date of termination,plus as liquidated damages and not as a penalty, an amount equal
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to the sum of(a) an amount equal to the then present value of the rent reserved in this Lease for the residue of the
stated Term of this Lease including any amounts treated as additional rent under this Lease and all other sums provided
in this Lease to be paid by Tenant, minus the fair rental value of the Premises for such residue; (b)the value of the
time and expense necessary to obtain a replacement tenant or tenants,and the estimated expenses relating to recovery
of the Premises,preparation for reletting and for reletting itself, and(c) the cost of performing any other covenants
which would have otherwise been performed by Tenant.
13.02.4. Upon any termination of Tenant's right to possession only without termination of the Lease:
13.02.4.1 Neither such termination of Tenant's right to possession nor Landlord's taking and holding
possession thereof as provided in Section 13.02.3 shall terminate the Lease or release Tenant,in whole or in
part, from any obligation, including Tenant's obligation to pay the rent, including any amounts treated as
additional rent, under this Lease for the full Term, and if Landlord so elects Tenant shall pay forthwith to
Landlord the sum equal to the entire amount of the rent, including any amounts treated as additional rent
under this Lease, for the remainder of the Term plus any other sums provided in this Lease to be paid by
Tenant for the remainder of the Term.
13.02.4.2 Landlord shall use its best efforts to relet the Premises or any part thereof for such rent and
upon such terms as Landlord,in its sole discretion, shall determine(including the right to relet the premises
for a greater or lesser term than that remaining under this Lease,the right to relet the Premises as a part of a
larger area, and the right to change the character or use made of the Premises). In connection with or in
preparation for any reletting, Landlord may, but shall not be required to, make repairs, alterations and
additions in or to the Premises and redecorate the same to the extent Landlord deems necessary or desirable,
and Tenant shall, upon demand, pay the cost thereof, together with Landlord's expenses of reletting,
including, without limitation, any commission incurred by Landlord. Landlord and Tenant agree that
nevertheless Landlord shall at most be required to use only the same efforts Landlord then uses to lease
premises generally and that in any case that Landlord shall not be required to give any preference or priority
to the showing or leasing of the Premises over any other space that Landlord may be leasing or have available
and may place a suitable prospective tenant in any such other space regardless of when such other space
becomes available. Landlord shall not be required to observe any instruction given by Tenant about any
reletting or accept any tenant offered by Tenant unless such offered tenant has a credit worthiness acceptable
to Landlord and leases the entire Premises upon terms and conditions including a rate of rent(after giving
effect to all expenditures by Landlord for tenant improvements,broker's commissions and other leasing costs)
all no less favorable to Landlord than as called for in this Lease,nor shall Landlord be required to make or
permit any assignment or sub lease for more than the current term or which Landlord would not be required
to permit under the provisions of Article 11.
13.02.4.3 Until such time as Landlord shall elect to terminate the Lease and shall thereupon be
entitled to recover the amounts specified in such case in Section 13.02.3,Tenant shall pay to Landlord upon
demand the full amount of all rent, including any amounts treated as additional rent under this Lease and
other sums reserved in this Lease for the remaining Term, together with the costs of repairs, alterations,
additions,redecorating and Landlord's expenses of reletting and the collection of the rent accruing therefrom
(including attorney's fees and broker's commissions),as the same shall then be due or become due from time
to time pursuant to the terms of this Lease,less only such consideration as Landlord may have received from
any reletting of the Premises; and Tenant agrees that Landlord may file suits from time to time to recover
any sums falling due under this Article 17 as they become due. Any proceeds of reletting by Landlord in
excess of the amount then owed by Tenant to Landlord from time to time shall be credited against Tenant's
future obligations under this Lease but shall not otherwise be refunded to Tenant or inure to Tenant's benefit.
13.02.5 Landlord may,at Landlord's option,enter into and upon the Premises after providing 24 hours'notice,except
in the case of an emergency or where immediate action is necessary in which events no notice is required,if Landlord
determines in its sole discretion that Tenant is not acting within a commercially reasonable time to maintain,repair or
replace anything for which Tenant is responsible under this Lease and correct the same,without being deemed in any
manner guilty of trespass, eviction or forcible entry and detainer and without incurring any liability for any damage
or interruption of Tenant's business resulting therefrom.To the extent practical Landlord shall schedule such entry so
as to minimize interference with Tenant's business and permit Tenant to safeguard confidential files in the Premises.
If Tenant shall have vacated the Premises,Landlord may at Landlord's option re-enter the Premises at any time during
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the last six(6)months of the then current Term of this Lease and make any and all such changes,alterations,revisions,
additions and tenant and other improvements in or about the Premises as Landlord shall elect, all without any
abatement of any of the rent otherwise to be paid by Tenant under this Lease.
13.02.6. In the case of litigation between the parties to enforce the terms of this Lease,the non-prevailing party shall
be liable for the reasonable attorney's fees of the prevailing party costs and attorney's fees of the prevailing party. In
the event that Landlord evicts Tenant from the Premises, Tenant shall be liable for Landlord's reasonable costs and
attorney's fees that Landlord incurs to remove Tenant and its personal property from the Premises.
13.02.7 Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in
this Lease or any other remedies provided by law(all such remedies being cumulative),nor shall pursuit of any remedy
provided in this Lease constitute a forfeiture or waiver of any Rent due to Landlord under this Lease or of any damages
accruing to Landlord by reason of the violation of any of the terms,provisions and covenants contained in this Lease.
13.02.8. No act or thing done by Landlord or its agents during the Term shall be deemed a termination of this Lease
or an acceptance of the surrender of the Premises, and no agreement to terminate this Lease or to accept a surrender
of said Premises shall be valid, unless in writing signed by Landlord. No waiver by Landlord of any violation or
breach or Event of Default of any of the terms,provisions and covenants contained in this Lease shall be deemed or
construed to constitute a waiver of any other violation or breach or Event of Default of any of the terms,provisions
and covenants contained in this Lease. Landlord's acceptance of the payment of Rent or other payments after the
occurrence of a violation, breach or Event of Default shall not be construed as a waiver of such Default, unless
Landlord so notifies Tenant in writing. Forbearance by Landlord in enforcing one or more of the remedies provided
in this Lease upon a violation,breach or Event of Default shall not be deemed or construed to constitute a waiver of
such violation,breach or Event of Default or of Landlord's right to enforce any such remedies with respect to such
violation,breach or Event of Default or any subsequent violation,breach or Event of Default.
Section 13.03-Default by Landlord:
Landlord shall in no event be charged with a default hereunder unless Landlord shall fail to perform or
observe any term,condition,covenant or obligation required to be performed or observed by it under this Lease for a
period of thirty(30)days after written notice thereof from Tenant.
ARTICLE XIV. BANKRUPTCY OR INSOLVENCY
Section 14.01—Tenant's Interest Not Transferable:
Neither Tenant's interest in this Lease, nor any interest therein of Tenant nor any estate hereby created in
Tenant,shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law.
Section 14.02—Landlord's Option to Terminate:
In the event the estate created in Tenant hereby shall be taken,in execution or by other process of law, or if
Tenant or its executors, administrators or assigns, if any, shall be adjudicated insolvent or bankrupt pursuant to the
provisions of any state or federal insolvency or bankruptcy act, or if a receiver or trustee of the property of Tenant
shall be appointed by reason of the insolvency or inability of Tenant to pay its debts, or if any assignment shall be
made of the property of Tenant for the benefit of creditors, then and in any such events, Landlord may at its option
terminate this Lease and all rights of Tenant hereunder, by giving to Tenant notice in writing of the election of
Landlord to so terminate,in which event this Lease shall cease and terminate with the same force and effect as though
the date set forth in said notice were the date originally set forth herein and fixed for the expiration of the Term, and
Tenant shall vacate and surrender the Premises but shall remain liable as herein provided.
Section 14.03—Tenant's Obligation to Avoid Creditors'Proceedings:
Tenant shall not cause or give cause for the institution of legal proceedings seeking to have Tenant
adjudicated bankrupt,reorganized or rearranged under the bankruptcy laws of the United States, and shall not cause
or give cause for the appointment of a trustee or receiver for the assets of Tenant and shall not make any assignment
for the benefit of creditors,or become or be adjudicated insolvent. The allowance of any petition under the bankruptcy
law,or the appointment of a trustee or receiver of Tenant or its assets,shall be conclusive evidence that Tenant caused,
or gave cause therefor,unless such allowance of the petition, or the appointment of a trustee or receiver, is vacated
within thirty(30)days after such allowance or appointment. Any act described in this Section 14.03 shall be deemed
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a material breach of Tenant's obligation hereunder,and upon such breach by Tenant,Landlord may,at its option and
in addition to any other remedy available to Landlord, terminate this Lease and all rights of Tenant hereunder, by
giving to Tenant notice in writing of the election of Landlord to so terminate.
Section 14.04-Application of Bankruptcy Proceeds:
Notwithstanding anything to the contrary contained in this Article XIV, in the event, for any reason
whatsoever,the interest of Tenant in this Lease is subject to assignment or sale by the Bankruptcy Court,then,and in
that event,all proceeds of such sale or assignment shall be paid to Landlord and not to Tenant nor to the bankruptcy
estate.
Section 14.05-Bankruptcy:
(a) Neither Tenant's interest in this Lease,nor any estate hereby created in Tenant nor any interest herein
or therein,shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law,
except as may specifically be provided pursuant to the Bankruptcy Code(11 USC §101 et.seq.),as the same may be
amended from time to time.
(b) Rights and Obligations under the Bankruptcy Code. (i)It is understood and agreed that this Lease
is a lease of real property in a shopping center as such lease is described in Section 365 of the Bankruptcy Code, as
the same may be amended from time to time. (ii) Upon the filing of a petition by or against Tenant under the
Bankruptcy Code,Tenant,as debtor and as debtor-in-possession,and any trustee who may be appointed with respect
to the assets of or estate in bankruptcy of Tenant,agree to pay monthly in advance on the first day of each month,as
reasonable compensation for the use and occupancy of the Premises,an amount equal to all Rent,Additional Rent and
other charges otherwise due pursuant to this Lease. (iii) Included within and in addition to any other conditions or
obligations imposed upon Tenant or its successor in the event of the assumption and/or assignment of this Lease are
the following: (A)the cure of any monetary defaults and reimbursement of pecuniary loss within not more than thirty
(30)days of assumption and/or assignment;(B)the deposit of an additional sum equal to not less than three(3)months'
Rent and Additional Rent to be held by Landlord as a security deposit,which sum shall be determined by Landlord,
in its sole discretion, to be a necessary deposit to secure the future performance under the Lease of Tenant or its
assignee;(C)the use of the Premises as set forth in Section 4.01 of this Lease and the quality,quantity and/or lines of
merchandise,goods or services required to be offered for the sale are unchanged;and(D)the prior written consent of
any mortgagee to which this Lease has been assigned as collateral security.
ARTICLE XV. RIGHT OF ACCESS
Section 15.01-Right of Access:
Landlord may,upon at least 24 hours'prior notice to Tenant(except in the case of an emergency, in which
case no such notice is required),enter upon the Premises for the purpose of inspecting,making repairs,replacements
or alterations, and showing the Premises to prospective purchasers, lenders or lessees; provided, however, any such
entry shall be accomplished with as minimal interference with or interruption of Tenant's business as possible. During
the last six(6)months of the term,Landlord shall have the right to display one(1)or more"For Rent"sign on or about
the Premises.
ARTICLE XVI. DELAYS
Section 16.01-Delays:
If Landlord or Tenant is delayed from performing any of their respective obligations during the term of this
Lease because of acts of God or other cause beyond their control,then the period of such delays shall be deemed added
to the time herein provided for the performance of any such obligation and the breaching party shall not be liable for
losses or damages caused by such delays;provided,however,that this Article shall not apply to the payment of any
sums of money required to be paid by Tenant hereunder. Subject to the foregoing,time is of the essence with respect
to all obligations to be performed by Tenant and Landlord pursuant to the terms of this Lease.
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ARTICLE XVII. END OF TERM
Section 17.01-Return of Premises:
Upon the expiration or termination of this Lease,Tenant shall quit and surrender the Premises to Landlord,
in good order,broom clean,normal wear and tear and acts of God excepted. Subject to the other terms of this Lease,
Tenant shall, at its expense, remove all property of Tenant, all alterations to the Premises (other than the Tenant's
Work described on Exhibit C or alterations made prior to the Term Commencement Date) not wanted by Landlord
and repair damage caused by such removal and return the Premises to the condition in which they were prior to the
installation of the article so removed. Upon the expiration or termination of this Lease, Tenant shall execute and
acknowledge a quit-claim deed to Tenant's interest in the Premises,in recordable form,in favor of Landlord ten(10)
days after written notice and demand therefor by Landlord,and Tenant hereby appoints Landlord its attorney-in-fact,
irrevocably,to execute and deliver such quit claim deed.
Section 17.02-Holding Over:
If Tenant shall hold possession of the Premises after the expiration or termination of this Lease,at Landlord's
option (i) Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month at one hundred
twenty-five percent(125%) of the highest Rent in effect during the term of this Lease(the "Holdover Rate") or any
extensions thereof and otherwise subject to all of the terms and conditions of this Lease,or(ii)Landlord may exercise
any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over.
Tenant shall also pay all damages,losses,and expenses sustained by Landlord by reason of such retention. If Landlord
gives notice to Tenant of Landlord's election to that effect, such holding over shall constitute renewal of this Lease
for a period from month to month at the Holdover Rate,but if the Landlord does not so elect,no such renewal shall
result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a
tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any event,no provision of this
Article XVII shall be deemed to waive Landlord's right of reentry or any other right under this Lease or at law.
ARTICLE XVIII. COVENANT OF QUIET ENJOYMENT
Section 18.01-Covenant of Quiet Enjoyment:
Landlord covenants that Tenant shall at all times during the term hereof peaceably have,hold and enjoy the
Premises, without any interruption or disturbance from Landlord, or anyone claiming through or under Landlord,
subject to the terms hereof,and any prior liens to which this Lease is subordinate.
ARTICLE XIX. MISCELLANEOUS
Section 19.01—Applicable Laws:
It is the intent of the parties hereto that all questions and/or disputes with respect to the construction of this
Lease and the rights and the liabilities of the parties hereto shall be determined in accordance with the laws of the
State Minnesota. Tenant acknowledges that the exclusive venue for any action arising out of or related to this Lease
shall be the Hennepin County District Court for the State of Minnesota.
Section 19.02—Attorney's Fees:
In the event either party commences litigation against the other party as a result of a monetary Default by
such party,the prevailing party in such litigation shall be entitled to recover its reasonable costs and attorney's fees
incurred in such litigation from the other party.
Section 19.03-Audits
The books, records, documents, and accounting procedures and practices of the Tenant or other parties
relevant to this Lease are subject to examination by Landlord and either Legislative Auditor or the State Auditor for a
period of six(6)years after the effective date of this Lease.
Section 19.04—Brokers:
Landlord and Tenant warrant and represent that, with the exception of Core Commercial Real Estate,
Tenant's broker,whose commission shall be paid by Landlord pursuant to a separate written agreement,there was no
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broker or agent instrumental in consummating this Lease. Each party agrees to indemnify and hold the other harmless
against any claims for brokerage or other commission arising by reason of a breach by such party of this representation
and warranty.
Section 19.05-Conflict of Interest
No salaried officer or employee of Landlord authorized to take part in making of this Lease on behalf of Landlord
and no City Council Member shall have a financial interest,direct or indirect,in this Lease. The violation of this provision
renders the Lease void. No federal regulations and applicable state statutes shall be violated.
Section 19.06-Data Practices Act
This Lease is subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (Data
Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created,
collected,received,stored,used,maintained,or disseminated by Tenant in performing any of the functions of Landlord
under this Lease is subject to the requirements of the Data Practice Act and Tenant shall comply with those
requirements as if it were a government entity. Any sublease or assignment entered into by Tenant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
Section 19.07-Discrimination
In performance of this Lease,the Tenant shall not discriminate on the grounds of or because of race,color,
creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual
orientation, or age against any employee of the Tenant, any subcontractor of the Tenant, or any applicant for
employment. Tenant shall include a similar provision in all contracts with subcontractors. Tenant further agrees to
comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. §363.01,et seq.,Title VI of the Civil Rights
Act of 1964,and the Americans with Disabilities Act of 1990.
Section 19.08—Effect of Captions:
The captions or legends in this Lease are inserted for convenient reference or identification of the particular
paragraphs. They are in no way intended to describe, interpret, define or limit the scope, extent or interest of this
Lease,or any paragraph or provision thereof.
Section 19.09—Entire Agreement:
This Lease,together with its exhibits,contains all agreements of the parties to this Lease,and supersedes and
replaces any previous negotiations and leases. There have been no representations made by the Landlord or
understandings made between the parties other than those set forth in this Lease and its exhibits. This Lease may not
be modified except by a written instrument duly executed by the parties to this Lease.
Section 19.10-Execution in Counterparts:
This Lease may be executed in one or more counterparts, any one or all of which shall constitute but one
agreement.
Section 19.11-Execution of Lease by Landlord:
The submission of this document for examination and negotiation does not constitute an offer to lease, or a
reservation of,or an option for,the Premises,and this document shall be effective and binding only upon the execution
and delivery hereof by both Landlord and Tenant.
Section 19.12-Execution by Facsimile:
If a party returns this Lease(or a portion of this Lease with instructions to insert said portion into the Lease),
the signing party intends the copy of its signature or initials,said portion of the Lease printed by the receiving facsimile
machine to automatically be deemed to be said parties' original signature or initials.
Section 19.13-Exhibits:
The following Exhibits are attached to and made a part of this Lease by this reference hereto:
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a) Exhibit A - Site Plan
b) Exhibit B - Landlord Work
c) Exhibit C - Tenant Work
d) Exhibit D - Rent Commencement Certificate
Section 19.14-Interpretation:
This Lease contains the entire agreement between the parties hereto with respect to the matters contained
herein and there are no covenants,promises,agreements,conditions,understandings,or warranties or representations,
oral or written,between them other than as herein set forth. The Lease or any part of it may not be changed,altered,
modified,limited,terminated,or extended orally or by any agreement between the parties unless such agreement is in
writing and signed by the parties hereto, their legal representatives, successors or permitted assigns. Tenant agrees
and acknowledges that any estimates and/or projections of charges and/or stated minimum charges that may have been
provided by Landlord prior to entry into this Lease may not be representative of the actual charges that will ultimately
be billed to Tenant hereunder. Tenant acknowledges and agrees that these estimates and/or projections of charges
and/or stated minimum charges are provided for budgeting purposes only and are not to be construed in any fashion
as being indicative of the actual charges that will ultimately be billed to Tenant hereunder. Tenant acknowledges and
agrees that the actual charges may be more or less than the estimates and/or projections and/or may be more than the
stated minimum charges.
Section 19.15-Invalidity of Particular Provisions:
If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be
invalid or unenforceable,the remainder of this Lease,or the application of such provision to persons or circumstances
other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this
Lease shall be valid and be enforced to the fullest extent permitted by law.
Section 19.16-Landlord Assignment:
Landlord hereunder shall have the right to freely assign this Lease without notice to or consent of the Tenant.
In the event of any transfer or transfers of Landlord's interest in the Premises,including a so-called sale-leaseback,the
transferor shall be automatically relieved of any and all obligations on the part of Landlord accruing from and after
the date of such transfer except with respect to any security deposit referred to in Section 2.03 of this Lease upon
assignment of the same to the transferee. Upon the termination of any Lease in a sale-leaseback transaction prior to
termination of this Lease,the former lessee thereunder shall become and remain liable as Landlord hereunder until a
further transfer. No holder of a mortgage or deed of trust to which this Lease is, or may be subordinate, shall be
responsible in connection with the security deposited hereunder,unless such mortgagee or holder of such deed of trust
of lessor shall have actually received the security deposited hereunder.
Section 19.17-Limitation of Liability:
Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and
to the extent of Landlord's interest in the Premises. The obligations of Landlord under this Lease are not intended to
and shall not be personally binding on, nor shall any resort be had to the private properties of any of the elected or
appointed officials,employees,officers,directors,or agents of Landlord.
Section 19.18-Limitation of Remedies:
In the event of a breach of the Lease by Landlord,Tenant shall not be entitled to recover punitive,special or
consequential damages or damages for loss of business.
Section 19.19-Notice:
No notice or other communications given under this Lease shall be effective unless the same is in writing
and is delivered in person or mailed by registered or certified mail,return receipt requested,first class,postage prepaid,
or delivered via over-night courier,addressed:(a)if to Landlord,attention:City Clerk at the address set forth on page
1 of this Lease,and a separate duplicate notice to the Finance Manager at the address set forth on page 1 of this Lease,
or to such other address as Landlord shall designate by giving notice thereof to Tenant, or (b) if to Tenant, at the
address set forth on page 1 of this Lease or such other address as Tenant shall designate by giving notice thereof to
Landlord. Any such notice,statement,certificate,request or demand shall,be deemed to have been given upon receipt
or refusal of receipt.
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Section 19.20—Recordation
Tenant shall not record or register this Lease or a short form memorandum hereof without the prior written
consent of Landlord,and then shall pay all charges and taxes incident such recording or registration.
Section 19.21-Relationship of the Parties:
The terms of this Lease shall not be interpreted to mean that Landlord and Tenant are partners or joint
ventures.
Section 19.22-Strict Performance:
No failure by Landlord or Tenant to insist upon the strict performance of any term, covenant, agreement,
provision,condition or limitation of this Lease to be kept,observed or performed by Tenant or Landlord,and no failure
by Landlord or Tenant to exercise any right or remedy consequent upon a breach of any such term, covenant,
agreement,provision,condition or limitation of this Lease,shall constitute a waiver of any such breach or of any such
term,covenant,agreement,provision,condition or limitation.
Section 19.23-Successors:
This Lease shall bind and inure to the benefit of the parties hereto and their respective legal representatives,
successors and assigns.
Section 19.24—Time:
Time is of the essence of this Lease and all of its provisions.
Section 19.25-Waiver of Jury Trial:
Landlord and Tenant hereby waive trial by jury in any action,proceeding or counterclaim brought by either
of the parties hereto against the other on or in respect of any matter whatsoever arising out of or in any way connected
with this Lease,the relationship of Landlord and Tenant hereunder,Tenant's use or occupancy of the Premises and/or
any claim of injury or damage.
Section 19.26-Waiver of Right of Redemption:
Tenant hereby expressly waives for itself and all persons claiming by or through it,any right of redemption
or for the restoration of the operation of this Lease under any present or future law in case Tenant shall be dispossessed
for any cause.
ARTICLE XX. SPECIAL PROVISIONS
Section 20.01—Restrictive Use Covenant
During the Term the Landlord shall not rent any space in the Shopping Center to another pet food or pet
supply store. Further no tenant that leases space in the Shopping Center subsequent to the date of this lease shall be
allowed to sell pet food.This Restrictive Covenant does not include a kennel for long or short term care of animals or
a veterinary client.Further,Tenant expressly states and agrees that it understands that veterinary clinics typically sell
medicated pet food and other health treatment supplies from different lines than Tenant carries. Tenant makes no
objection or complaint regarding such business activities by veterinary clinics and the provisions of this paragraph
shall not apply to such business activities.
Section 20.02—Authority to Act on Behalf of Landlord
The City Council of Landlord(the"City Council"),by approval of this Lease,hereby grants the City Manager
of Landlord(the"City Manager")the authority to exercise any option or right,including but not limited to the option
to terminate this Lease pursuant to Article 13 provided to Landlord under the terms of this Lease without further
consent or approval by the City Council. The City Council,by approval of this Lease,further grants the City Manager
and the City Attorney of Landlord the authority to provide any notice that Landlord is required to provide under this
Lease.
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IN WITNESS WHEREOF,Landlord and Tenant have caused this Lease Agreement to be executed effective the day
and year first above written.
LANDLORD:
CITY OF EDEN PRAIRIE
By:
Nancy Tyra-Lukens
Its Mayor
By:
Rick Getschow
Its City Manager
Dated:
22
TENANT:
HARTZELL PFO. INC. D\B\A CHUCK&DON'S PET FOODS & SUPPLIES
By:
Its:
Dated:
23
EXHIBIT"A"-SITE PLAN
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A-1
EXHIBIT"B"-LANDLORD'S WORK
Landlord will deliver the Premises to Tenant"as-is"but in a clean condition with all systems in good working
order with all of the prior tenants' fixtures and specialized improvements removed and all HVAC equipment
in good condition
B-1
EXHIBIT"C"-TENANT'S WORK
[Tenant to submit list for review]
C-1
EXHIBIT D
RENT COMMENCENT CERTIFICATE
Rent Commencement Date Certificate
THIS RENT COMMENCEMENT DATE CERTIFICATE (this "Certificate") is given this day of
,20 ,by Hartzell PFO,Inc,a Minnesota corporation ("Tenant"),with respect to that certain Lease
Agreement by and between Tenant and the City of Eden Prairie ("Landlord") dated , 20 1_, (the
"Lease"), pursuant to which Tenant has leased from Landlord certain premises consisting of approximately
square feet of rentable area in the building located at (the"Premises"), ,
In consideration of the mutual covenants and agreements set forth in the Lease, and with the intention that this
Certificate be relied upon by Landlord and by any mortgagee or prospective mortgagee, purchaser or tenant of the
Building,Tenant hereby certifies as follows:
1. Except as expressly provided to the contrary herein,all initially capitalized terms used herein shall have the
meanings set forth for such terms in the Lease.
2. The Delivery Date is .
3. The Term Commencement Date is .
4. The Business Opening Date is .
5. The Expiration Date will occur on ,20
5. Tenant's obligation to pay Minimum Rent under the Lease shall commence on , 20 ,
and Tenant's obligation to pay additional Rent under the Lease shall commence on ,20 .
6. The Lease is unmodified and in full force and effect.
IN WITNESS WHEREOF,the Tenant and Landlord have executed this Certificate as of the date first set forth above.
TENANT:
By:
Name:
Title:
LANDLORD:
By:
D-1
Name:
Title:
E-1
EXHIBIT E
GUARANTY
THIS GUARANTY made and executed as of this day of , 2019, by
Independent Pet Partners Intermediate Holdings, LLC, a Delaware limited liability company (the
"Undersigned") to the City of Eden Prairie Minnesota(the "City").
PRELIMINARY STATEMENT OF FACTS
A. The City and Hartzell PFO Inc., d\b\a Chuck & Don's Pet Food & Supplies a
Minnesota limited liability company (the "Tenant") have entered into a Lease Agreement (the
"Lease") under which the City has agreed to make a lease to Tenant approximately 3,379 square
feet at 8022 Den Road(the"Leased Premises").
B. Tenant desires to assign the Lease to Kriser's Feeding Pets for Life,LLC ("Kriser's).
The Undersigned is the owner directly or indirectly of the Kriser's and will benefit from the City's
assignment of the Lease to Kriser's, and desires to induce the City to consent to the assignment to
Kriser's.
C. The City's consent to the assignment of the Lease is conditioned on the
Undersigned's execution of this Agreement.
D. Upon the assignment of the Lease to Kriser's, Kriser's shall be considered the
Tenant.
NOW, THEREFORE,FOR VALUE RECEIVED, and in order to induce City to consent
to the assignment of the Lease to Kriser's, the Undersigned absolutely and unconditionally
guarantees to the City,upon the assignment of the Lease to Kriser's:
(i) the due and prompt payment of all amounts due under the Lease;
(ii) the due and prompt payment of all costs incurred, including reasonable attorneys'
fees, in enforcing payment and performance of this Guaranty or the Lease; and
(iii) the due and prompt performance of all of Kriser's obligations as Tenant under the
Lease.
the aforesaid being herein collectively referred to as the "Obligations Guaranteed".
THE UNDERSIGNED FURTHER COVENANTS AND AGREES:
1. The City may from time to time without notice to or consent of the Undersigned and
upon such terms and conditions as the City may deem advisable without affecting this Guaranty:
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a) make any agreement extending the time for or the terms of payment of all or
any part of the Obligations Guaranteed;
b) waive, compromise, release, subordinate, resort to, exercise or refrain from
exercising any right the City may have hereunder or under the Lease;
c) accept additional security or guarantees of any kind;
d) accept partial payment or payments on account of the Obligations
Guaranteed;
e) release, settle or compromise any claim of the City against the Tenant, or
against any other person, firm or corporation whose obligation is held by the
City as collateral security for the Obligations Guaranteed.
2. The Undersigned unconditionally and absolutely waives:
a) notice of acceptance of this Guaranty by the City;
b) notice of presentment, demand for payment, notice of nonperformance,
protest, notice of protest and notice of dishonor, notice of non-payment or
partial payment;
c) notice of any default under the Lease or in the performance of any of the
covenants and agreements contained herein;
d) any defense described in 3.below or any offset or claim the Tenant may have
against the City;
e) any limitation or exculpation of liability on the part of the Tenant whether
contained in the Lease or otherwise;
f) any failure, neglect or omission on the part of the City to realize or protect
the Leased Premises;
g) any right to insist that the City prosecute any remedies against the Tenant
under the Lease or to proceed against the Tenant or against any other
guarantor or surety prior to enforcing this Guaranty;provided,however, at its
sole discretion the City may either in a separate action or an action pursuant
to this Guaranty pursue its remedies against the Tenant or any other
Guarantor or surety, without affecting its rights under this Guaranty;
h) any right to direct such proceeding; and
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i) upon a default by Tenant under the Lease any order, method or manner of
application of any payments on the Lease.
3. The Undersigned will not assert against the City any defense of discharge in
bankruptcy of the Tenant, anti-deficiency statute, merger of clauses under this
Guaranty with the Lease, ultra vires acts, or usury which may be available to the
Tenant in respect of the Lease, or any setoff available against the City to the Tenant
whether or not on account of the related transaction. The liability of the Undersigned
shall not be affected or impaired by any voluntary or involuntary dissolution, sale or
other disposition of all or substantially all the assets, marshaling of assets and
liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of
creditors, reorganization, arrangement, composition or readjustment of, or other
similar event or proceeding affecting the Tenant or any of its assets and that upon the
institution of any of the above actions,at the City's sole discretion and without notice
thereof or demand therefor, the Undersigned's obligations shall become due and
payable and enforceable against the Undersigned.
4. No act or thing, except for payment in full, which but for this provision might or
could in law or in equity act as a release of the liabilities of the Undersigned shall in
any way affect or impair this Guaranty and this shall be a continuing absolute and
unconditional Guaranty and shall be in full force and effect until the obligations
under the Obligations Guaranteed have been performed and paid in full.
5. If any payment applied to the Obligations Guaranteed is thereafter set aside,
recovered, rescinded or required to be returned for any reason (including the
bankruptcy, insolvency or reorganization of Tenant or any other obligor), the
Obligations Guaranteed to which such payment was applied shall for the purpose of
this Guaranty be deemed to have continued in existence notwithstanding such
application,and this Guaranty shall be enforceable as to such Obligations Guaranteed
as fully as if such application had never been made.
6. All indebtedness, liability or liabilities now or at any time or times hereafter owing
by Tenant to the Undersigned are hereby subordinated to the Obligations Guarantee
and upon a default by Tenant under the Lease any payment of indebtedness of the
Tenant to the Undersigned, if the City so requests, shall be received by the
Undersigned as trustee for the City on account of the Obligations Guaranteed.
7. Notwithstanding any other provision herein to the contrary, the Undersigned agrees
that until the Obligations Guaranteed has been paid and or performed in full it shall
have no right of subrogation, reimbursement or indemnity whatsoever or any right
of recourse to security for the debts and obligations of the Tenant to the City with
respect to the Lease.
8. This Guaranty is executed in order to induce the City to consent to the assignment of
the Lease to Kriser's and perform its obligations under the Lease with the intent that
E-4
it be relied upon by the City and in so doing with the knowledge that the City would
not consent to the assignment or perform its obligations under the Lease but for this
Guaranty. Execution of the Lease, without any further action or notice, shall
constitute conclusive evidence of the reliance hereon by the City. The Undersigned
further represents to the City that the execution and performance of the Lease by the
City will be of financial benefit to it.
9. The Undersigned submits and consents to personal jurisdiction in the State of
Minnesota for the enforcement of this guaranty and waives any and all personal rights
under the laws of any state or the United States of America to object to jurisdiction
in the State of Minnesota for the purposes of litigation to enforce this Guaranty.
Litigation may be commenced either in the court of general jurisdiction of such state
or the United States District Court for the district in that state, at the election of the
City. Nothing contained herein shall prevent the City from bringing any action or
exercising any rights against any security given to the City by the Undersigned, or
against the Undersigned personally, or against any property of the Undersigned,
within any other state. Commencement of any such action or proceeding in any other
state shall not constitute a waiver of the agreement as to the laws of the state which
shall govern the rights and obligations of the Undersigned and the City hereunder or
of the submission made by the Undersigned to personal jurisdiction within the State
of Minnesota. The aforesaid means of obtaining personal jurisdiction and perfecting
service of process are not intended to be exclusive but are cumulative and in addition
to all other means of obtaining personal jurisdiction and perfecting service of process
now or hereafter provided by the laws of the state where an action on this Guaranty
is commenced.
10. No right or remedy herein conferred upon or reserved to the City is intended to be
exclusive of any other available remedy or remedies but each and every remedy shall
be cumulative and shall be in addition to every other remedy given under this
Guaranty or the Lease. No waiver, amendment, release or modification of this
Guaranty shall be established by conduct, custom or course of dealing, but only by
an instrument in writing duly executed by the City.
11. Whenever the context requires or permits the singular shall include the plural, the
plural shall include the singular and the masculine, feminine and neuter shall be
freely interchangeable.
12. This Guaranty is delivered in and made in, is executed with respect to and shall in all
respects be construed pursuant to and governed by the laws of the State of Minnesota.
13. Any notices and other communications permitted or required by the provisions of
this Guaranty(except for telephonic notices expressly permitted) shall be in writing
and shall be deemed to have been properly given or served by depositing the same
with the United States Postal Service, any official successor thereto, designated as
Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited
E-5
with reputable private courier or overnight delivery service, and addressed as
hereinafter provided. Each such notice shall be effective upon being deposited as
aforesaid. The time period within which a response to any such notice must be given
however, shall commence to run from the date of receipt of the notice by the
addressee thereof. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be
receipt of the notice sent. By giving to the other party hereto at least ten (10) days'
notice thereof, either party hereto shall have the right from time to time to change its
address and shall have the right to specify as its address any other address within the
United States of America.
Each notice to the Undersigned shall be addressed as follows:
Kriser's Feeding Pets For Life, LLC
c/o Independent Pet Partners Intermediate Holdings, LLC
33 Irving Place, Suite 3018
New York,New York 10003
Attention: Michael E. Foss
Email: mfoss@ipphl.com
with a copy of all legal notices (which shall not constitute notice) to:
Morrison Cohen LLP
909 Third Avenue
New York,New York 10022
Attention: Steven M. Cooperman and Eric I. Moskowitz
Email: scooperman@morrisoncohen.com,
emoskowitz@morrisoncohen.com
Each notice to the City shall be addressed as follows:
City of Eden Prairie
ATTN: City Manager
8080 Mitchell Road
Eden Prairie, MN 55344
14. This Guaranty and each and every part hereof, shall be binding upon the Undersigned
and their representatives and assigns and shall inure to the benefit of the City, its
successors and assigns. The Undersigned shall be provided notice of any such
assignment by City. Upon assignment or transfer of the Lease to an assignee or
transferee of City, said assignee or transferee shall be substituted for the City and
may enforce this Guaranty as if such party had been originally named as the secured
party hereunder.
E-6
IN FURTHERANCE WHEREOF,the Undersigned have executed this Guaranty as of the
date first above written.
Independent Pet Partners Intermediate Holdings, LLC
By:
Its:
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CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar January 8, 2019
DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.:
Rick Getschow Approve an agreement for services with the IX.U.
City Manager, Administration I494 Corridor Commission
Requested Action
Move to: Approve an agreement for services with the I494 Corridor Commission
Synopsis
The I494 Corridor Commission wants to find a solution for the performance of their accounting
and finance work. Under the agreement, the City of Eden Prairie agrees to perform the
accounting duties of the Commission. The agreement is for one year and may be extended if
both parties are satisfied with this solution.
Attachment
Agreement for Services
Agreement for Services
This Agreement ("Agreement") is made on the day of , 2018, between
I-494 Corridor Commission whose business address is 7101 York Avenue South, Suite 156,
Edina, MN 55435 (hereinafter "Commission" ) and the City of Eden Prairie, Minnesota, whose
business address is 8080 Mitchell Road, Eden Prairie, MN 55344, (hereinafter "City")
The Commission and City agree as follows:
1. Scope of Work The City agrees to provide the 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 City.
2. Term. The term of this Agreement shall be from January 1, 2019 through December 31,
2019 the date of signature by the parties notwithstanding.
3. Compensation for Services. City is providing this service to the Commission without
charge.
4. Commission Information. The Commission agrees to provide the City with the
complete information concerning the Scope of the Work and to perform the following
services:
a. The Commission shall provide all information requested by the City in a reasonable
period of time that allows the City adequate time to timely provide the services
identified in Exhibit A.
b. All information provided by the Commission to the City shall be accurate and correct.
c. Consideration of the City's Work. The Commission shall give thorough consideration
to all information and shall inform the City of all decisions required of Commission
within a reasonable time so as not to delay the work of the City.
d. Commission's Representative. The City shall report to the Commission's Finance
Committee and Board. The City will work with the Executive Director and other staff
as needed to complete the scope of work.
5. Default and Termination. If either Party defaults in its obligations under this
Agreement, the non-defaulting Party shall have the right to terminate this Agreement by
giving written notice to the defaulting Party. If the defaulting Party fails to cure such
default within thirty (30) days of the date of notice from the non-defaulting Party, the
non-defaulting Party may cancel this Agreement. The foregoing is the exclusive remedy
for either Party. All other remedies, including damages for breach, equitable remedies,
specific performance, and all other remedies at law or equity are waived and relinquished
by each of the Parties.
6. Indemnification. Commission agrees to defend, indemnify, and hold harmless City
against any and all claims, liability, loss, damage, or expense arising under the provisions
of this Agreement and caused by or resulting from negligent acts or omissions of
Commission and/or those of Commission employees or agents. City agrees to defend,
indemnify, and hold harmless Commission against any and all claims, liability, loss,
damage, or expense arising under the provisions of this Agreement and caused by or
resulting from negligent acts or omissions of City and/or those of City employees or
agents Under no circumstances, however, shall a party be required to pay on behalf of
itself and the other party any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for
both parties may not be added together to determine the maximum amount of liability for
either party. The intent of this paragraph is to impose on each party a limited duty to
defend and indemnify each other subject to the limits of liability under Minnesota
Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to
simplify the defense of claims by eliminating conflicts among the parties and to permit
liability claims against both parties from a single occurrence to be defended by a single
attorney.
7. Insurance. Each party shall maintain the following insurance:
a. Commercial General Liability. A Commercial 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. Each party shall provide the other party upon
request with a Certificate of Insurance verifying insurance coverage.
b. Worker's Compensation. Such insurance as will protect each party from claims under
the Worker's Compensation Acts and from claims for bodily injury, death, or property
damage which may arise under this Agreement.
c. Comprehensive Automobile Liability. Comprehensive automobile liability insurance
with a $1,000,000 combined single limit each accident (shall include coverage for all
owned, hired and non-owed vehicles.)
8. Ownership of Documents. All information and reports generated in connection with the
performance of the Agreement ("Information") shall become the property of the
Commission, but City may retain copies of such documents as records of the services
provided. The Commission may use the Information for its purposes and the City also
may use the Information for its purposes.
GENERAL TERMS AND CONDITIONS
9. Conflicts. No officer, official or employee of the either party shall have a financial
interest, direct or indirect, in this Agreement. The violation of this provision renders the
Agreement void.
Page 2 of 7
10. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
11. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the Commission's public purpose mission and shall be construed,
interpreted, and applied pursuant to and in conformance with the Commission'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.
12. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
13. Non-Discrimination. During the performance of this Agreement, neither party shall
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.
14. 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.
15. 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.
16. 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.
17. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the both parties relevant to this Agreement are subject to examination by the
Page 3 of 7
Commission, granting agencies, and either the Legislative Auditor or the State Auditor
for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data,
as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Commission or City in performing
during performance of this Agreement is subject to the requirements of the Data Practice
Act and both Commission and City shall comply with those requirements as if it were a
government entity. All subcontracts entered into by City in relation to this Agreement
shall contain similar Data Practices Act compliance language.
18. 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.
Page 4 of 7
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
I-494 COMMISSION
By:
Its:
Page 5 of 7
Exhibit A—Scope of Work
The scope of work for the City includes the following:
• Attend quarterly finance committee meetings and monthly board meetings, prepare financial
reports and information requested by the board
• Provide work direction to 1494 Corridor Commission Accountant. Employee will primarily work
at City Center.
• Meet as needed with Commission staff and other parties,for example grant agencies. Meet at
least monthly during transition. Communicate in a timely manner
• Work with payroll processor to ensure employees are paid on time. The City will reconcile the
Wells Fargo payroll account.
• Use City's financial system to process and keep the Commission's financial activity
• Eden Prairie will implement changes in processes to improve efficiency. This could include:
o Vendors sending invoices directly to City Offices
o Approving and paying invoices weekly
o Determining if at some point Eden Prairie staff could code invoices
o Etc.
• Prepare grant reports including:
o Support information and worksheets to support grant reporting
o Submit required grant reports and documentation to agencies, copy the executive
director on all submissions
o City staff will work with Met Council and other grant agencies as needed
o 1494 Commission staff would provide narrative needed on program accomplishments
• The City will hold the Commissions funds.
• Prepare dues invoices and any other needed invoices
• Process receipts, disbursements, W-9's, and 1099's.
• Prepare monthly balance sheet and income statement
• Assist with and prepare annual budget
• Work with board on audit requirements and recommend options, any audit will be an additional
cost to the Commission
The scope of work for the 1494 Corridor Commission Board includes the following:
• Provide direction to City on financial reporting and budgeting
• Establish Finance Committee to meet quarterly to review transition of accounting work to City
and address any needed changes
• Hire current temporary accountant as a part-time accountant to assist City with accounting work
The scope of work for the 1494 Corridor Commission Executive Director and staff includes the following:
• The 1494 Corridor Commission staff will complete all 2018 financial responsibilities
• Provide information and take actions as needed to ensure the City can complete its scope of
work. Communicate in a timely manner
Page 6 of 7
• Participate in process changes to improve efficiency
• Provide narrative on program accomplishments as needed within two business days of the
report due date or earlier if possible.
• Assist with and code invoices timely; scan and e-mail back to City(within 5 days after receiving
from City). Work with City to transition as much coding as possible to City to improve efficiency
• Meet as needed with City and other parties,for example grant agencies. Meet at least monthly
during transition
Page 7 of 7
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Payment of Claims XI.
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 264511 - 265180
Wire Transfers 1021410 - 1021659
Wire Transfers 6859 - 6907
City of Eden Prairie
Council Check Summary
1/8/2019
Division Amount Division Amount
199,358 304 Senior Board 43
100 City Manager 1,515 308 E-911 37,201
101 Legislative 12,835 309 DWI Forfeiture 10,658
102 Legal Counsel 53,554 315 Economic Development 892,395
110 City Clerk 207 445 Cable PEG 4,287
111 Customer Service 9,297 502 Park Development 1,300
112 Human Resources 411 509 CIP Fund 233,283
113 Communications 11,760 512 CIP Trails 8,760
114 Benefits&Training 10,838 522 Improvement Projects 2006 214,670
130 Assessing 150 526 Transportation Fund 11,460
131 Finance 1,368 530 Pool Upgrade/Expansion 129,982
132 Housing and Community Services 7,034 537 Town Center Station 670
136 Public Safety Communications 6,197 538 SingleTree Lane South 6,636
137 Economic Development -22,276 804 100 Year History 158
138 Community Development Admin. 806 Total Capital Projects Fund 1,551,502
150 Park Administration 410
151 Park Maintenance 53,938 601 Prairie Village Liquor 247,439
153 Organized Athletics 4,191 602 Den Road Liquor 448,308
154 Community Center 46,961 603 Prairie View Liquor 276,489
156 Youth Programs 6,709 605 Den Road Building 6,650
157 Special Events 1,577 701 Water Enterprise Fund 1,065,244
158 Senior Center 9,343 702 Wastewater Enterprise Fund 142,545
159 Recreation Administration 12,291 703 Stormwater Enterprise Fund 15,203
160 Therapeutic Recreation 167 Total Enterprise Fund 2,201,878
161 Oak Point Pool 2,288
162 Arts 2,835 316 WAFTA 36
163 Outdoor Center 1,404 802 494 Commuter Services 58,965
168 Arts Center 2,319 803 Escrow Fund 41,643
180 Police 49,053 806 SAC Agency Fund 91,945
184 Fire 36,836 807 Benefits Fund 1,766,460
186 Inspections 241 812 Fleet Internal Service 134,886
200 Engineering 5,923 813 IT Internal Service 161,856
201 Street Maintenance 133,288 815 Facilites Operating ISF 81,539
202 Street Lighting 73,968 816 Facilites City Center ISF 79,905
Total General Fund 736,797 817 Facilites Comm.Center ISF 193,529
Total Internal Svc/Agency Funds 2,610,764
301 CDBG 52,077
303 Cemetary Operation 1,594 Report Total 7,489,966
Total Special Revenue Fund 53,670
434 2008A Capital Equipment Notes 298
435 2008B G.O.Improvement Bonds 69,073
437 G.O.Perm.Improv.2010A 93,253
439 G.O.Refunding Bonds 2011C 823
440 GO Perm Impr Ref Bonds 2011D 170,617
441 2012A G.O.Refunding Bonds 298
442 2012B G.O.Refund Capital Imp 298
443 2012C GO Perm Impr Ref Bonds 298
446 2014A G.O.TAX ABATEMENT BOl` 298
448 2016A GO BONDS-WEST 70TH ST. 100
Total Debt Service Fund 335,355
City of Eden Prairie
Council Check Register by GL
1/8/2019
Check# Amount Supplier/Explanation Account Description Business Unit Comments
6872 826,904 WELLS FARGO BANK MINNESOTA NA Principal Wastewater Enterprise Fund Bond Payments
264685 402,957 THE OSSEO CONSTRUCTION CO.LLC Improvement Contracts Water Capital Water Tower Rehab
1021489 297,913 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 2nd half of TIF pymt
6893 276,405 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 12.0.18
264636 263,953 HEALTHPARTNERS Accounts Receivable Health and Benefits December 2018 Premiums
6866 257,542 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 11.23.18
6904 248,397 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 12.21.18
6906 182,554 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 12.07.18
6899 173,923 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 11.23.18
264718 170,922 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 2nd half of TIF pymt
264991 168,600 EDEN PRAIRIE ASSEMBLY OF GOD Other Contracted Services Capital Impr./Maint.Fund Sprinkler system reimbursement
6864 168,148 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 11.09.18
1021659 146,171 XCEL ENERGY Electric Street Lighting Multi location electric
264812 130,953 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 2nd half of TIF pymt
265153 129,982 RJM CONSTRUCTION INC Building Aquatics&Fitness Expansion Final pyment for Aquatic addition
6890 122,840 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Nov 2018
264713 120,226 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 2nd half of TIF pymt
264894 91,026 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
264897 79,176 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
1021560 70,419 XCEL ENERGY Electric Street Lighting
264817 66,025 8761 PARTNERS Right of Way&Easement Improvement Projects 2006
265127 65,986 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1021638 60,157 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab
265089 54,497 CARGILL INC Salt Snow&Ice Control
264807 51,940 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt
6861 51,621 USB-PURCHASING CARD Operating Supplies Wasterwater Collection
264800 50,000 STEWART TITLE Accounts Receivable Economic Development Fund
264650 45,839 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
265099 44,750 DEPARTMENT OF CORRECTIONS Other Contracted Services General Fund
265170 39,153 ULTIMATE SOFTWARE GROUP,THE Prepaid Expenses IT Operating
264964 38,689 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment
265175 37,861 VERMONT SYSTEMS,INC Software Maintenance IT Operating
265012 34,161 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1021644 32,813 LOGIS Network Support IT Operating
264880 32,109 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
264771 31,885 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Utility Operations-General
264762 30,997 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
264702 29,907 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center-CAM
1021487 28,128 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
264947 27,970 CARLSON TOYOTA Autos Fleet-Fire
264848 27,867 DERAU CONSTRUCTION LLC Improvement Contracts General Fixed Asset Account Gr
1021631 27,009 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
1021437 26,807 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
264972 26,688 CARGILL INC Salt Snow&Ice Control
264835 25,971 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
264859 25,902 FIRE SAFETY USA INC Equipment Parts Fire
Check# Amount Supplier/Explanation Account Description Business Unit Comments
265159 25,865 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
6895 25,614 EMPOWER Deferred Compensation Health and Benefits
6867 24,908 EMPOWER Deferred Compensation Health and Benefits
264966 24,320 BOLTON&MENK INC Design&Engineering Improvement Projects 2006
6907 24,306 EMPOWER Deferred Compensation Health and Benefits
1021435 24,085 CENTERPOINT ENERGY Gas Water Treatment
265010 23,800 INDEPENDENT SCHOOL DISTRICT 272 Right of Way&Easement Improvement Projects 2006
264899 22,548 MOTOROLA SOLUTIONS INC Equipment Repair&Maint E-911 Program
264793 21,862 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1021482 21,418 ADVANCED ENGINEERING&ENVIRONMENTAL SE OCS-Monitoring Water Capital
6905 21,057 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
264714 20,503 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store
1021444 20,173 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Maintenance
264599 19,069 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
265045 18,965 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
264656 18,666 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
264649 18,489 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
265085 18,368 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
6868 18,183 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
6894 18,150 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
264968 17,485 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
264814 16,796 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1021506 16,590 SRF CONSULTING GROUP INC Design&Engineering General Fixed Asset Account Gr
1021535 16,309 WSB&ASSOCIATES INC Design&Engineering General Fixed Asset Account Gr
265151 16,298 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1021499 16,150 MINNESOTA ROADWAYS CO Other Contracted Services General Fixed Asset Account Gr
264600 16,104 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
264889 16,097 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1021452 15,949 SRF CONSULTING GROUP INC Design&Engineering General Fixed Asset Account Gr
264761 15,865 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
264878 15,271 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
265087 15,179 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
6881 14,883 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store
265084 14,455 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store
264667 14,336 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
265145 14,176 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
265139 14,148 MOTOROLA SOLUTIONS INC Equipment Repair&Maint E-911 Program
264715 14,129 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store
6874 13,983 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
264726 13,979 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing
264602 13,790 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
264666 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store
265147 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store
265051 13,484 THOMAS TRUCKING INC Waste Blacktop/Concrete Park Maintenance
264834 13,450 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store
1021613 13,245 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
265160 12,786 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council
264988 12,754 DMJ ASPHALT INC Other Contracted Services Capital Maint.&Reinvestment
1021488 12,623 ELECTRIC PUMP Equipment Repair&Maint Wastewater Lift Station
264777 12,400 NATIONAL RESEARCH CENTER INC Other Contracted Services General Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
265005 12,291 HOUSE OF PRINT Printing Community Brochure
264723 12,226 CITY OF EDEN PRAIRIE Accounts Receivable TIF-Eden Shores Senior Housing
264791 12,214 ROAD MACHINERY&SUPPLIES CO Machinery&Equipment Water Distribution
1021601 12,055 STREICHERS Clothing&Uniforms Police
6863 11,936 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission
264710 11,840 BEISSEL WINDOW AND SIDING Other Contracted Services Rehab
264806 11,601 TYLER TECHNOLOGIES INC Software IT Capital
265011 11,553 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
6902 11,547 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission
1021441 11,460 GMH ASPHALT CORPORATION Improvement Contracts Transportation Fund
264927 11,357 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
6891 11,218 1-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission
264969 11,189 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store
264705 11,075 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Building FF&E-Furn,Fixtures&Equip.
264797 10,933 ST.PAUL PORT AUTHORITY Deposits Escrow
264906 10,900 NOTERMANN BERT Right of Way&Easement General Fixed Asset Account Gr
6888 10,398 FURTHER-AKA SELECT HSA-Employer Health and Benefits
1021624 10,146 WENCK ASSOCIATES INC Other Contracted Services Improvement Projects 2006
264678 10,130 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
6871 9,873 FURTHER-AKA SELECT HSA-Employee Health and Benefits
264664 9,627 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
265020 9,503 METERING&TECHNOLOGY SOLUTIONS Repair&Maint.Supplies Water Metering
264663 9,483 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store
264589 9,447 APPLIED CONCEPTS,INC. Capital Under$25,000 DWI Forfeiture
265109 9,408 EMBEDDED SYSTEMS INC Equipment Repair&Maint General Fund
1021504 9,320 POMP'S TIRE SERVICE INC Tires Fleet Operating
265126 9,107 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1021486 9,082 CENTERPOINT ENERGY Gas Wastewater Lift Station
264716 8,873 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
264750 8,833 GRAYMONT Treatment Chemicals Water Treatment
6883 8,620 CARD CONNECT Bank and Service Charges Community Center Admin
264957 8,600 ANDERSON KEITH&PATRICIA Right of Way&Easement Improvement Projects 2006
1021536 8,596 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility
1021527 8,500 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance
264669 8,497 RED ROCK FIRE LLC Other Contracted Services Park Maintenance
1021604 8,440 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters
265032 8,250 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
264739 8,066 E&S HOLDINGS LLC Other Contracted Services CIP Trails
264695 8,000 MORRIS LEATHERMAN COMPANY Other Contracted Services Economic Development
264913 7,993 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
264815 7,950 WORKS COMPUTING INC Software Maintenance IT Operating
265065 7,423 M-R SIGN CO INC Signs Traffic Signs
265058 7,290 WELLENS FARM LTD Landscape Materials/Supp Street Maintenance
264882 7,248 K-TECH SPECIALTY COATINGS,INC Capital Under$25,000 Street Maintenance
264833 7,223 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store
265132 6,988 METERING&TECHNOLOGY SOLUTIONS Merchandise for Resale Water Metering
1021428 6,957 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital
1021464 6,839 BRAUN INTERTEC CORPORATION Other Contracted Services Park Acquisition&Dev Fixed A
264696 6,759 PRINT SOURCE MINNESOTA Advertising Den Road Liquor Store
264999 6,710 GOODPOINT TECHNOLOGY INC Software Maintenance IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264937 6,699 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution
264787 6,673 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
264642 6,574 HOPKINS CARPET ONE Other Contracted Services Rehab
264883 6,573 LANO EQUIPMENT INC Equipment Parts Street Maintenance
265152 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
265179 6,436 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
265036 6,410 RAY N WELTER HEATING Other Contracted Services Rehab
264795 6,275 SPRINGSTED INCORPORATED Other Contracted Services 2008B G.O.Improvement Bonds
1021498 6,243 METRO SALES INCORPORATED* Equipment Rentals Customer Service
6877 6,120 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
265062 6,000 YMCA Other Contracted Services Housing and Community Service
265086 5,990 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Senior Center
265123 5,945 INTERTECH INC Software IT Capital
265059 5,880 WINDOW CONCEPTS OF MINNESOTA INC Other Contracted Services Rehab
265168 5,820 TRACKER Prepaid Expenses IT Operating
265161 5,779 SPECIAL SERVICES GROUP LLC Capital Under$25,000 Police
264633 5,725 GROTH SEWER AND WATER,LLC. Accounts Receivable TIF-Eden Shores Senior Housing
264903 5,563 NATIONAL LEAGUE OF CITIES Dues&Subscriptions General Fund
265106 5,354 EDEN PRAIRIE COMMUNITY EDUCATION Other Contracted Services Adult Open Gym
264875 5,309 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1021458 5,306 XCEL ENERGY Electric Water Supply(Wells)
1021524 5,154 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM
1021432 5,128 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
264959 5,119 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
265075 5,027 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
6882 5,025 FURTHER-AKA SELECT HRA Health and Benefits
264874 5,000 HERO PLUMBING,HEATING,&COOLING Other Contracted Services Rehab
264688 4,998 TRI STATE PUMP&CONTROL Contract Svcs-Plumbing City Center-CAM
1021625 4,800 ADVANCED ENGINEERING&ENVIRONMENTAL SE Software Water Enterprise Fund
264706 4,714 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
264606 4,677 CHEGE ZAKARIA Other Contracted Services Rehab
264860 4,627 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission
264824 4,624 AERO DRAPERY AND BLIND Supplies-General Bldg Fire Station#1
264631 4,564 GRAYMONT Treatment Chemicals Water Treatment
265004 4,531 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
264922 4,513 RON'S MECHANICAL INC Other Contracted Services Rehab
1021485 4,441 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
265115 4,412 GRAYMONT Treatment Chemicals Water Treatment
264755 4,397 HENNEPIN COUNTY TREASURER Prepaid Expenses General Fund
264926 4,394 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
264866 4,370 GRAYMONT Treatment Chemicals Water Treatment
264917 4,310 POSTMASTER Postage Communications
1021639 4,243 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
264767 4,235 M&A EXECUTIVE SEARCH LLC Conference/Training Fire
264577 4,159 M-R SIGN CO INC Signs Traffic Signs
1021502 4,130 OSI BATTERIES INC Equipment Repair&Maint Public Safety Communications
265174 4,122 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution
264694 4,100 UNITED HEALTH GROUP Deposits Escrow
1021417 4,095 GREENSIDE INC Contract Svcs-Lawn Maint. Fire Station#1
264855 4,080 EMPLOYER SERVICES STAFFING GROUP Deposits 494 Corridor Commission
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264756 4,071 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
264624 4,071 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
264647 4,060 INTERTECH INC Software IT Capital
265002 4,038 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
264735 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
1021582 3,946 VAN PAPER COMPANY Cleaning Supplies Pool Maintenance
265144 3,906 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
264941 3,885 WHAT WORKS INC Conference/Training Fire
1021496 3,863 ITRON INC. Maintenance Contracts Water Metering
265040 3,861 ROCK HARD LANDSCAPE Landscape Materials/Supp Capital Maint.&Reinvestment
264620 3,692 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
1021521 3,632 GREENSIDE INC Contract Svcs-Snow Removal City Center-CAM
1021635 3,612 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance
1021586 3,530 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
265052 3,500 THYMES TWO INC Contract Svcs-Lawn Maint. Arts Center
264784 3,482 PARK NICOLLET CLINIC Health&Fitness Fire
264876 3,461 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting
1021627 3,454 A-SCAPE INC Contract Svcs-Snow Removal Building 51
1021658 3,438 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
265056 3,404 VIDEOTRONIX INC Equipment Repair&Maint Senior Center Admin
1021585 3,326 A-SCAPE INC Contract Svcs-Snow Removal Building 51
265072 3,295 AMERICAN ENGINEERING TESTING INC Other Contracted Services Water Treatment
1021440 3,253 GENUINE PARTS COMPANY Small Tools Fleet Operating
264938 3,230 VERIZON WIRELESS Data Plans-Police IT Operating
6896 3,193 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
1021657 3,190 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance
1021461 3,154 AVI SYSTEMS INC Equipment Repair&Maint Cable PEG
1021605 3,143 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
265138 3,108 MINTAHOE INC Other Contracted Services Wine Club/Events
264997 3,107 FIRE SAFETY USA INC Equipment Repair&Maint Fire
264943 3,090 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
265149 3,070 RAY N WELTER HEATING Other Contracted Services Rehab
265156 3,060 SAMBATEK INC Equipment Repair&Maint Water Supply(Wells)
264908 3,036 OFFICE TEAM Deposits 494 Corridor Commission
264822 3,018 ACCOUNTEMPS Deposits 494 Corridor Commission
264698 3,001 M-R SIGN CO INC Signs Traffic Signs
264616 3,000 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance
264665 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
264892 3,000 MESSERLI&KRAMER Deposits 494 Corridor Commission
1021507 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells)
264843 2,997 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission
264854 2,979 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
264657 2,975 MHSRC/RANGE Tuition Reimbursement/School Police
264674 2,800 SEPLER&ASSOCIATES Other Contracted Services Organizational Services
264632 2,790 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Den Road Liquor Store
1021433 2,786 BIFFS INC Waste Disposal Park Maintenance
264858 2,771 FINAL GRADE Outside Water Sales Escrow
264785 2,742 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store
264595 2,728 BERNICK'S WINE Liquor Product Received Den Road Liquor Store
264719 2,723 CENTURYLINK Telephone IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
265024 2,716 MINTAHOE INC Deposits Escrow
1021480 2,698 VINOCOPIA Liquor Product Received Den Road Liquor Store
264684 2,691 TED'S CHRISTMAS LIGHTING Other Contracted Services Purgatory Creek Park
264973 2,675 CENTRAIRE INC Other Contracted Services Rehab
264590 2,656 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
264746 2,650 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering
264640 2,605 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
265118 2,590 HENNEPIN TECHNICAL COLLEGE Dues&Sub-Cert&Licensing Fire
264634 2,585 GS DIRECT Capital Under$25,000 Engineering
265140 2,579 MRPA Dues&Subscriptions General Fund
264748 2,575 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating
1021426 2,564 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr
265030 2,560 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
1021551 2,536 NORTHWEST ASPHALT Outside Water Sales Escrow
264905 2,531 NEW LOOK CONTRACTING INC Outside Water Sales Escrow
6884 2,506 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store
264687 2,500 TOUVE JAMES Right of Way&Easement Improvement Projects 2006
264717 2,500 CAR WASH PARTNERS INC Reimburse-legal notices Escrow
265074 2,484 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Stormwater Non-Capital
1021479 2,481 VAN PAPER COMPANY Tenant 1-Cleaning Supply Arts Center
1021481 2,453 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006
264963 2,444 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
6875 2,442 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
1021448 2,410 ON CALL SERVICES Equipment Repair&Maint Day Care
264744 2,400 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Heights at Valley View
264872 2,400 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police
1021455 2,245 WALL TRENDS INC Contract Svcs-General Bldg Police(City Cost)
1021469 2,221 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
1021623 2,180 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1021574 2,168 MPX GROUP,THE Printing Senior Center Admin
265119 2,127 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
264915 2,113 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance
265016 2,107 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits
264740 2,106 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store
264760 2,079 J&W ASPHALT,INC. Asphalt Overlay Street Maintenance
1021646 2,064 METRO SALES INCORPORATED* Equipment Rentals IT Operating
264826 2,003 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
264955 2,000 AMO ENTERPRISE LLC Training Supplies Fire
264851 1,980 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
264902 1,968 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events
1021478 1,964 SWANK MOTION PICTURES INC Licenses,Taxes,Fees Staring Lake Concert
265018 1,950 LUTHY SANDBLASTING&PAINTING INC Equipment Repair&Maint Fleet Operating
264960 1,935 ARVIG Fiber Lease Payments IT Operating
1021640 1,925 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Wastewater Lift Station
264823 1,921 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police
6885 1,911 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
265122 1,908 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
264646 1,890 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
264682 1,834 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating
264869 1,813 GYM WORKS Equipment Repair&Maint Fitness Classes
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1021537 1,800 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1021547 1,788 LANDS END CORPORATE SALES Other Contracted Services Police
6898 1,784 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
1021533 1,783 VAN PAPER COMPANY Cleaning Supplies Park Shelters
1021556 1,781 STREICHERS Clothing&Uniforms Police
265166 1,724 TEAM LABORATORY CHEMICAL CORPORATION Repair&Maint.Supplies Wastewater Lift Station
265049 1,710 TED'S CHRISTMAS LIGHTING Other Contracted Services Park Maintenance
264783 1,702 P.L.MANAGEMENT Reimburse-legal notices Escrow
265077 1,697 BARNA,GUZY&STEFFEN,LTD Legal Legal Council
264828 1,691 BARNUM GATE SERVICES INC Equipment Repair&Maint Utility Operations-General
264593 1,683 BASELINE INC Other Contracted Services Park Maintenance
264995 1,643 FERGUSON WATERWORKS Equipment Parts Water Distribution
1021584 1,624 VINOCOPIA Liquor Product Received Prairie View Liquor Store
264831 1,623 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
1021593 1,614 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment
6859 1,609 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
264751 1,605 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
264818 1,550 8771 PARTNERS Right of Way&Easement Improvement Projects 2006
1021598 1,524 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Arts Center
264956 1,502 ANCHOR PRINTING COMPANY Office Supplies Police
1021483 1,500 ALLDATA Software Fleet Operating
264911 1,495 ORGANIX SOLUTIONS Waste Disposal City Center-CAM
265017 1,490 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating
264692 1,475 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
264758 1,461 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
6901 1,453 FURTHER-AKA SELECT Other Contracted Services Health and Benefits
264659 1,452 MINNESOTA PUMP WORKS Equipment Repair&Maint Wastewater Lift Station
265093 1,417 COLLIERS ARCHITECTURE,LLC Other Contracted Services Police(City Cost)
1021654 1,391 STREICHERS Training Supplies Police
1021512 1,389 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store
264864 1,388 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building Fire Station#1
264919 1,379 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM
1021550 1,366 METRO SALES INCORPORATED* Deposits 494 Corridor Commission
264662 1,360 PARK NICOLLET CLINIC Employment Support Test Organizational Services
264983 1,352 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development
1021427 1,349 VINOCOPIA Liquor Product Received Den Road Liquor Store
264836 1,342 CENTURYLINK Internet IT Operating
1021615 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM
264946 1,330 YORKTOWN OFFICES Deposits 494 Corridor Commission
1021411 1,328 ALBERS,JASON Tuition Reimbursement/School Organizational Services
264637 1,325 HEALTHPARTNERS Employment Support Test Organizational Services
1021558 1,320 WATSON CO INC,THE Merchandise for Resale Concessions
264708 1,311 AT YOUTH PROGRAMS LLC Instructor Service Tennis
1021470 1,290 LOWERY,THOMAS Tuition Reimbursement/School Organizational Services
1021643 1,254 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
264737 1,252 DOMACE VINO Liquor Product Received Den Road Liquor Store
6862 1,247 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
264725 1,244 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
6873 1,231 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
264776 1,226 MUELLER CO Repair&Maint.Supplies Water Metering
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1021622 1,224 VAN PAPER COMPANY Tenant 1-Cleaning Supply Prairie View Liquor Store
265078 1,205 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
264721 1,200 CHWIALKOWSKI SHEA Training Supply-Weekly Fire
265060 1,192 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
265100 1,190 DOMACE VINO Liquor Product Received Den Road Liquor Store
264626 1,180 FASTSIGNS Operating Supplies Special Events(CC)
1021511 1,175 WATSON CO INC,THE Merchandise for Resale Concessions
264613 1,173 COTY CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing
265092 1,170 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
265162 1,153 STAPLES ADVANTAGE Office Supplies Customer Service
1021629 1,151 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
264953 1,144 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development
6860 1,133 FURTHER-AKA SELECT Other Contracted Services Health and Benefits
1021637 1,133 GRANICUS INC Equipment Repair&Maint Cable PEG
265019 1,121 MEDICINE LAKE TOURS Special Event Fees Trips
265048 1,103 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
264847 1,103 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
1021571 1,101 HACH COMPANY Laboratory Chemicals Water Treatment
1021421 1,080 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance
1021510 1,077 VISTAR CORPORATION Merchandise for Resale Concessions
1021545 1,073 GRAINGER Repair&Maint.Supplies Park Maintenance
265039 1,062 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical City Center-CAM
1021591 1,060 GRAINGER Cleaning Supplies Ice Arena Maintenance
6889 1,050 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
265164 1,028 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating
1021651 1,025 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#4
1021641 1,022 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment
264711 1,022 BERNICK'S WINE Liquor Product Received Den Road Liquor Store
264801 1,014 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
265120 1,014 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
265129 1,000 KORTERRA,INC OCS-Utility Locates Water Enterprise Fund
264898 963 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals
264971 963 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
264592 956 AXON ENTERPRISE INC Training Supplies Police
1021645 953 MENARDS Equipment Repair&Maint Fitness/Conference-Cmty Ctr
1021569 953 EICHMAN,NATHAN Dues&Subscriptions Police
1021449 949 POMP'S TIRE SERVICE INC Tires Fleet Operating
264912 946 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
264890 941 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire
1021509 938 STREICHERS Clothing&Uniforms Police
1021546 929 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Supply(Wells)
265178 925 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Refunding Bonds 2011C
264839 924 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
265050 917 THE SEED COLLECTIVE Prepaid Expenses General Fund
264697 900 KELLY WILLIAM PHILIP Right of Way&Easement Improvement Projects 2006
264691 885 VISUAL COMMUNICATIONS Design&Engineering General Fixed Asset Account Gr
1021576 884 ROSE,ALECIA Dues&Subscriptions Human Resources
1021460 884 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store
265102 876 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie View Liquor Store
264886 870 M&A EXECUTIVE SEARCH LLC Conference/Training Fire
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264652 849 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Fitness Admin.
1021517 849 BERRY COFFEE COMPANY Merchandise for Resale Concessions
264842 838 CORE&MAIN Equipment Parts Water Distribution
264778 835 NEGOCE LLC Liquor Product Received Den Road Liquor Store
264989 826 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
264996 816 FERRENTINO,CANDYCE Office Supplies Utility Operations-General
264961 816 ASPEN MILLS Clothing&Uniforms Fire
264730 810 COMMERCIAL ASPHALT CO Asphalt Overlay Water Distribution
264775 806 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
265073 800 APPLIANCE OUTLET CENTER Supplies-General Bldg Police(City Cost)
265158 799 SNAP-ON TOOLS Small Tools Fleet Operating
265041 798 ROTO ROOTER SERVICES COMPANY Building Repair&Maint. Utility Operations-General
264951 783 ABLE HOSE&RUBBER INC Operating Supplies Park Maintenance
264765 780 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1021450 777 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink City Hall(City Cost)
265081 776 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
264852 774 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
264788 768 PRINT SOURCE MINNESOTA Printing Prairie Village Liquor Store
1021495 764 GRAINGER Equipment Parts Pool Maintenance
1021451 758 REINDERS INC Chemicals Park Maintenance
264931 756 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1021606 747 WM MUELLER AND SONS INC Asphalt Overlay Water Distribution
265133 737 MINNESOTA CHIEFS OF POLICE ASSOC Tuition Reimbursement/School General Fund
264638 733 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications
265067 732 ABLE HOSE&RUBBER INC Equipment Parts Water Metering
265057 725 VIERE GRANITE CARVING INC Other Contracted Services Park Acquisition&Development
264952 720 AIRGAS USA LLC Repair&Maint-Ice Rink Pool Maintenance
1021446 706 MENARDS Operating Supplies Ice Arena Maintenance
264879 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
1021431 703 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility
265031 700 PEMTOM LAND CO. Reimbursement Escrow
265070 700 ALPINE DIVERSIFIED SERVICES INC Contract Svcs-Garden Rm/Caf. Garden Room Repairs
265163 698 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
265112 696 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store
264703 691 AIRGAS USA LLC Supplies-Pool Pool Maintenance
265124 687 I-STATE TRUCK CENTER Autos Fleet-Public Works
1021538 679 BIFFS INC Waste Disposal Park Maintenance
265143 678 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
264780 670 OLSEN CHAIN&CABLE Equipment Testing/Cert. Fire
264893 670 METRO TRANSIT Design&Engineering Town Center Station
264935 669 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
264867 656 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
265165 653 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
265033 650 PINT,BRIAN Tuition Reimbursement/School Organizational Services
1021429 645 YOUNG,JOSEPH Miscellaneous Fire
264707 638 ASPEN MILLS Clothing&Uniforms Fire
264870 638 HARLEY CONSULTING&COACHING Other Contracted Services Administration
1021541 633 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
1021436 629 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Maintenance Facility
1021528 614 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center-CAM
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264832 611 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
264792 608 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
264934 607 TRI STATE BOBCAT INC. Landscape Materials/Supp Street Maintenance
264790 600 RAINBOW TREECARE Other Contracted Services Park Maintenance
264557 593 LITTLE BYRON AR Utility Water Enterprise Fund
1021439 591 FORCE AMERICA Equipment Parts Fleet Operating
1021462 590 BERRY COFFEE COMPANY Merchandise for Resale Concessions
264769 577 MID-STATE SEAMLESS GUTTERS Accounts Receivable TIF-Eden Shores Senior Housing
264543 575 INGALDSON AMANDA AR Utility Water Enterprise Fund
265097 575 DAILY DISPATCH Employment Advertising Organizational Services
264681 570 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1021628 563 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
264967 563 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
264799 562 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1021610 543 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1021423 543 THE OASIS GROUP Employee Assistance Organizational Services
264671 542 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr
1021493 541 FORCE AMERICA Equipment Parts Fleet Operating
1021442 535 GRAINGER Cleaning Supplies Water Treatment
1021430 526 AMERICAN TIME&SIGNAL CO Supplies-General Building City Hall(City Cost)
264933 526 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store
6892 524 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
264930 524 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1021457 520 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
265021 520 MHSRC/RANGE Tuition Reimb-College Core Fire
1021563 520 KLEINWACHTER,NICK Telephone IT Operating
264683 520 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
264630 516 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
265068 515 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating
1021592 514 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
264885 513 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
265113 513 GOPHER STATE ONE-CALL OCS-Utility Locates Water Distribution
1021484 512 BANK BEER CO Liquor Product Received Den Road Liquor Store
265154 507 ROCK HARD LANDSCAPE Landscape Materials/Supp Capital Maint.&Reinvestment
264827 500 B.VOCAL LLC Conference/Training Housing and Community Service
265038 500 RED'S SAVOY PIZZA Awards Athletic Programs Admin
265131 500 MARTIN-MCALLISTER Other Contracted Services Police
265173 495 USTA-NORTHERN SECTION Instructor Service Tennis
6879 494 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
264619 494 DOMACE VINO Liquor Product Received Den Road Liquor Store
264618 494 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
265034 493 PITNEY BOWES Postage Customer Service
1021513 487 XCEL ENERGY Electric Forest Hills Park
264596 486 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1021503 486 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
264732 484 CORE&MAIN Equipment Parts Water Distribution
265053 483 TITAN MACHINERY Landscape Materials/Supp Street Maintenance
6865 481 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
264743 478 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Fire
1021626 475 AMERITRAK Other Contracted Services Snow&Ice Control
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264782 475 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
265025 474 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
6903 470 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
1021619 467 RUE,RODNEY Mileage&Parking Engineering
264644 463 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1021553 460 PITNEY BOWES Office Supplies Customer Service
1021549 454 MENARDS Cleaning Supplies Community Center
265116 449 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
1021600 437 SPS COMPANIES Equipment Parts Utility Operations-General
1021500 436 MN SUPPLY Contract Svcs-Fire/Life/Safe Facilities Staff
265130 435 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
264712 432 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
265055 431 UNIVERSAL ATHLETIC SERVICES INC Awards Softball
265142 431 OLSEN CHAIN&CABLE Repair&Maint. Supplies Water Distribution
265027 430 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services
1021559 424 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
1021497 423 MENARDS Cleaning Supplies Community Center
1021589 421 EPA AUDIO VISUAL INC Hardware-R&M IT Operating
1021531 413 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store
1021648 410 ON CALL SERVICES Equipment Repair&Maint Day Care
1021534 410 VINOCOPIA Liquor Product Received Prairie View Liquor Store
264802 410 TALKPOINT TECHNOLOGIES INC Office Supplies Police
1021642 409 KIDCREATE STUDIO Instructor Service Arts Center
264675 408 SEWER SERVICES,INC Waste Disposal Staring Lake
1021607 406 XCEL ENERGY Electric Outdoor Center
265176 401 WATCHGUARD VIDEO Capital Under$25,000 Police
264781 400 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General
264849 400 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
264932 400 THE PRESERVE ASSOCIATION Right of Way&Easement Improvement Projects 2006
264862 399 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie View Liquor Store
1021519 399 FASTENAL COMPANY Equipment Parts Utility Operations-General
264584 399 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall(City Cost)
264670 397 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
265150 396 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
264603 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
265088 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
1021652 389 PREMIUM WATERS INC Operating Supplies-Water Fire
264655 389 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1021572 386 JULIEN KRISTIAN Mileage&Parking Community Center Admin
264865 385 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
1021518 384 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance
265029 376 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr
265080 375 BLOOMINGTON,CITY OF Kennel Services Animal Control
1021410 375 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Pool Maintenance
1021588 374 DAIKIN APPLIED Contract Svcs-HVAC City Center-CAM
264929 371 STAPLES ADVANTAGE Office Supplies Customer Service
264585 365 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating
1021456 364 WATSON CO INC,THE Merchandise for Resale Concessions
1021548 351 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
264768 351 MARCO INC Operating Supplies IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264617 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
264734 350 DEHOOG BERNIE Conference/Training Fire
264987 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
1021596 350 METRO SALES INCORPORATED* Printers IT Operating
265028 350 NEGOCE LLC Liquor Product Received Den Road Liquor Store
264604 349 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
265046 349 STAPLES ADVANTAGE Office Supplies Customer Service
6878 348 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
265003 348 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Garden Room Repairs
1021520 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service
264928 336 SPEEDPRO IMAGING INC Operating Supplies Ice Operations
264811 326 VIDEOTRONIX INC Contract Svcs-Security City Hall(City Cost)
264844 326 CROP PRODUCTION SERVICES Chemicals Park Maintenance
1021583 326 VEOLIA Waste Disposal Fleet Operating
1021490 325 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
265001 321 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
265155 320 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
264830 320 BCA-MNJIS Employment Support Test Fire
1021447 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating
265125 317 JEREMIAH JANET Mileage&Parking Community Development Admin.
1021566 316 BATTERIES PLUS Repair&Maint.Supplies Fitness/Conference-Cmty Ctr
264965 316 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Utility Operations-General
264796 314 ST.LOUIS PARK FIRE DEPARTMENT Clothing-Misc. Fire
1021529 313 QUALITY PROPANE Equipment Parts Ice Arena Maintenance
264722 313 CINTAS CORPORATION Safety Supplies Community Center Admin
1021438 311 EDEN PRAIRIE FIREFIGHTERS RELIEF ASSOC Union Dues Withheld Health and Benefits
264597 307 BLUEPEARL VETERINARY Other Contracted Services Animal Control
264863 307 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
264825 305 AQUA LOGIC INC Contract Svcs-Pool Pool Maintenance
6897 304 US BANK-PAYMODE Bank and Service Charges Finance
1021608 301 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store
1021632 301 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
264774 300 MNCAR Prepaid Expenses Den Road Building
264924 300 SCOTT COUNTY TREASURER Other Rentals Police
265007 297 IDEA CREEK LLC,THE Operating Supplies-Dept Events Fire
264816 294 M-R SIGN CO INC Operating Supplies Traffic Signs
264821 293 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating
264653 292 LANO EQUIPMENT INC Equipment Parts Fleet Operating
1021609 291 BATTERIES PLUS Operating Supplies Water Distribution
264998 288 GALLS LLC Clothing&Uniforms Police
264641 288 HOME DEPOT CREDIT SERVICES Supplies-General Bldg City Center-CAM
1021611 287 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations-General
264547 286 KOEPPL,JAMES AR Utility Water Enterprise Fund
264537 285 HARRISON RICHARD AR Utility Water Enterprise Fund
1021580 284 TOEWE,GLENN A. Operating Supplies-Dept Events Fire
265061 278 WOODALE BUILDERS Reimbursement Escrow
1021539 277 BOYER TRUCKS Equipment Parts Fleet Operating
6900 275 VANCO SERVICES Bank and Service Charges Wastewater Accounting
264625 274 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store
264605 273 CENTURYLINK Telephone E-911 Program
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264798 273 STAPLES ADVANTAGE Office Supplies Customer Service
264738 273 E A SWEEN COMPANY Merchandise for Resale Concessions
264773 269 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
1021468 266 FASTENAL COMPANY Operating Supplies Fleet Operating
264677 262 SNAP-ON TOOLS Small Tools Fleet Operating
265022 260 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Finance
6869 258 US BANK-PAYMODE Bank and Service Charges Finance
1021618 254 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
264612 252 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
264920 252 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
265096 252 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
1021420 251 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
264628 250 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions
264639 250 HOESCHEN,CASSEY Other Contracted Services Fire
264766 250 LUX,EMILY LOUISE Other Contracted Services Theatre Initiative
264954 250 AMERICAN TEST CENTER INC Equipment Testing/Cert. Fire
1021424 250 TOEWE,GLENN A. Other Contracted Services Fire
264668 248 PROP-DO NOT USE Charitable Contributions Health and Benefits
265148 248 PROP-DO NOT USE Charitable Contributions Health and Benefits
264749 243 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
264975 242 COLLIERS ARCHITECTURE,LLC Other Contracted Services Police(City Cost)
264986 240 DAVANNI'S PIZZA Operating Supplies Police
265047 238 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
264980 235 COMCAST Cable TV Fire
264990 234 E A SWEEN COMPANY Merchandise for Resale Concessions
265091 234 CINTAS Operating Supplies Park Maintenance
264813 234 WFB CONSTRUCTION Fire Prevention Supplies Fire
1021445 234 KIDCREATE STUDIO Instructor Service Arts Center
264763 232 LIFE SUPPORT INNOVATIONS Equipment Repair&Maint Police
264591 231 ASPEN MILLS Clothing&Uniforms Reserves
1021475 230 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1021540 226 CENTERPOINT ENERGY Gas Prairie View Liquor Store
1021575 226 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
265071 225 ALTEC INDUSTRIES INC Equipment Repair&Maint Street Maintenance
264724 225 CITY OF SAINT PAUL Tuition Reimbursement/School Police
264850 225 DIRECTV Cable TV Community Center Admin
265121 225 INDOFF INCORPORATED Office Supplies Customer Service
264993 225 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1021544 224 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General
265135 224 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
265110 221 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store
264645 219 INDOFF INCORPORATED Office Supplies Customer Service
264974 216 CENTURYLINK Telephone IT Operating
265042 215 SCHROM JES Mileage&Parking Arts Center
6886 214 OPTUM HEALTH Other Contracted Services Health and Benefits
265008 214 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
264693 211 WINSUPPLY EDEN PRAIRIE MN CO Repair&Maint.Supplies Staring Lake
264643 210 IIMC Dues&Subscriptions General Fund
1021418 210 MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital
265069 208 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Fire Station#2
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264759 204 1NDOFF INCORPORATED Office Supplies Customer Service
1021515 202 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store
1021595 201 MENARDS Repair&Maint.Supplies Pool Maintenance
265134 200 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Taxes,Fees City Center-CAM
1021476 199 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance
1021634 197 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General
1021501 196 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1021581 194 TYRA-LUKENS,NANCY Mileage&Parking City Council
1021603 191 TOWMASTER INC Equipment Parts Fleet Operating
1021568 191 CMI INC Miscellaneous DWI Forfeiture
264970 190 BRO-TEX INC Operating Supplies Fleet Operating
264976 190 COMCAST Internet IT Operating
264621 188 E A SWEEN COMPANY Merchandise for Resale Concessions
264607 187 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1021412 187 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store
264944 185 WINSUPPLY EDEN PRAIRIE MN CO Equipment Repair&Maint Miller Park
264918 184 PRINCIPAL FINANCIAL GROUP Deposits 494 Corridor Commission
1021422 184 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
265098 181 DALCO Operating Supplies Fleet Operating
264838 180 CITY OF SAINT PAUL Tuition Reimbursement/School Police
265111 180 FIRE SAFETY USA INC Repair&Maint.Supplies Fire
264648 179 J H LARSON COMPANY Repair&Maint.Supplies Staring Lake
264923 179 SAMBATEK INC Equipment Repair&Maint Water Supply(Wells)
264984 178 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance
264794 177 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
264757 176 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
264809 176 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football
265082 176 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
265090 173 CENTURYLINK Internet IT Operating
264661 172 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
264672 170 SAMBATEK INC Maintenance Contracts Water Supply(Wells)
1021602 170 TEE JAY NORTH INC Building Repair&Maint. Den Road Liquor Store
264566 169 RAMALHO JAIME AR Utility Water Enterprise Fund
264907 168 OFFICE OF MN IT SERVICES Other Contracted Services Police
265063 168 ZACKS INC Small Tools Park Maintenance
1021555 162 SPRINT Deposits 494 Corridor Commission
264562 162 NUNESS AL AR Utility Water Enterprise Fund
264857 160 ESTRINE,ROBERT Other Contracted Services Community Band
264901 160 MUEHLBAUER,THOMAS G Other Contracted Services Community Band
265167 160 TKO WINES,INC Liquor Product Received Den Road Liquor Store
1021565 159 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store
264856 154 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store
1021564 154 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#4
264829 152 BARTLEY SALES COMPANY INC Supplies-Plumbing Fitness/Conference-Cmty Ctr
264764 150 LIONS TAP Operating Supplies-Food Fire
1021653 150 STERICYCLE INC Other Contracted Services Police
264948 150 3RD LAIR Instructor Service Lesson Skills Development
1021656 150 USA SECURITY Maintenance Contracts Water Treatment
264910 150 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Assessing
264563 148 ORWIG LEE AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1021616 147 METROPOLITAN FORD Equipment Parts Fleet Operating
264904 144 NELSON,ROBIN Deposits 494 Corridor Commission
264916 144 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store
264658 143 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police
264548 141 KOSMIDES GEORGE AR Utility Water Enterprise Fund
1021434 141 BOYER TRUCKS Equipment Parts Fleet Operating
1021415 139 FASTENAL COMPANY Equipment Parts Fleet Operating
1021573 138 KRUEGER,MARK Clothing&Uniforms Reserves
264853 136 E A SWEEN COMPANY Merchandise for Resale Concessions
264720 135 CENTURYLINK Telephone IT Operating
264598 134 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
265043 134 SIGNSOURCE Advertising Community Band
264939 130 VILLA,YUDIS P&R Refunds Community Center Admin
1021554 130 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police(City Cost)
265101 129 E A SWEEN COMPANY Merchandise for Resale Concessions
264523 128 CHOI KYUBAIK AR Utility Water Enterprise Fund
264731 126 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
264994 126 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store
1021443 126 GRAYBAR Operating Supplies Round Lake
264586 125 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance
265180 125 XTREME INTEGRATION Hardware-Cabling IT Operating
264789 124 PROP-DO NOT USE Charitable Contributions Health and Benefits
264629 124 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Senior Center
1021552 121 PBBS EQUIPMENT CORP Supplies-HVAC City Center-CAM
264810 120 VERIZON WIRELESS Cell/Pager Plans E-911 Program
265141 120 OFFICE OF THE SECRETARY OF STATE Licenses,Taxes,Fees Police
265146 120 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance
1021516 119 BATTERIES PLUS Repair&Maint.Supplies Ice Arena Maintenance
1021491 119 FERRELLGAS Repair&Maint.Supplies Water Distribution
264978 116 COMCAST Cable TV Fire
264772 115 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1021577 114 SCHULZE,CARTER Mileage&Parking Engineering
265114 114 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
1021453 113 TWIN CITY SEED CO Landscape Materials/Supp Stormwater Collection
264551 112 KUYPER BRADLEY AR Utility Water Enterprise Fund
264610 112 COMCAST Cable TV Fire
265095 112 COMCAST Cable TV Fire
1021522 111 JOHNSTONE SUPPLY Supplies-HVAC Maintenance Facility
264549 111 KRAGNESS SCOTT AR Utility Water Enterprise Fund
265169 110 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police
1021471 110 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
1021525 110 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
6876 110 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
264679 109 STAPLES ADVANTAGE Office Supplies Customer Service
264690 108 UNITED WAY Charitable Contributions Health and Benefits
265171 108 UNITED WAY Charitable Contributions Health and Benefits
1021597 108 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1021494 108 GINA MARIAS INC Operating Supplies-Food Fire
264841 108 COMCAST Deposits 494 Corridor Commission
264651 108 KERIN,LUCAS Deposits Escrow
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1021567 106 CARLSTON,BRANDON Training Supplies Police
264530 105 GIVENS KERRY AR Utility Water Enterprise Fund
264700 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
264820 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1021414 104 CONCRETE CUTTING AND CORING Equipment Parts Fleet Operating
264804 103 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store
264554 102 LEHMAN,JOSEPH W AR Utility Water Enterprise Fund
6887 101 MONEY MOVERS INC Other Contracted Services Community Center Admin
264583 100 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store
264819 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
264940 100 WATERINMOTION Licenses,Taxes,Fees Fitness Classes
265177 100 WATERINMOTION Licenses,Taxes,Fees Fitness Classes
265009 99 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1021649 98 PBBS EQUIPMENT CORP Supplies-HVAC City Center-CAM
264576 97 VUONG,HUE AR Utility Water Enterprise Fund
264891 96 MEREDITH KATE Deposits 494 Corridor Commission
1021472 96 MILLER JENNY Mileage&Parking Finance
264925 96 SHRED RIGHT Waste Disposal City Hall(City Cost)
1021532 95 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating
264888 95 MAHONEY,DEBI Tuition Reimbursement/School Fitness Classes
1021465 95 CEDENO,LAURA Tuition Reimbursement/School Fitness Classes
1021587 93 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police
264754 92 HENNEPIN COUNTY RESIDENT&REAL ESTATE Right of Way&Easement Improvement Projects 2006
264958 92 APCO INTERNATIONAL Dues&Subscriptions Fire
1021492 91 FILTRATION SYSTEMS Supplies-HVAC City Center-CAM
1021416 91 GOERGEN,MARIE Tuition Reimbursement/School Fitness Classes
264573 90 TOMPT JOHN AR Utility Water Enterprise Fund
264539 90 HOHLFELD JULIUS AR Utility Water Enterprise Fund
264676 90 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
264582 90 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
264588 90 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Building City Hall(City Cost)
264627 90 FREEMAN BRAD Rebates Water Conservation
264900 90 MPCA Licenses,Taxes,Fees Wasterwater Collection
264752 90 GS DIRECT Operating Supplies Engineering
265117 90 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
264861 88 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
264513 87 BENSON LAURA AR Utility Water Enterprise Fund
265023 87 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
264936 86 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission
264840 86 COMCAST Internet IT Operating
264896 86 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
264686 85 THOMPSON,MYRNA AR Utility Water Enterprise Fund
1021570 84 FASTENAL COMPANY Safety Supplies Fleet Operating
264877 84 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
265172 84 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
264532 83 GROGAN ROBERT AR Utility Water Enterprise Fund
1021508 83 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General
264704 83 ALFORD GARRETT P&R Refunds Community Center Admin
265079 82 BLACK&DECKER,U S INC Operating Supplies Park Maintenance
264609 81 COMCAST Equipment Repair&Maint E-911 Program
Check# Amount Supplier/Explanation Account Description Business Unit Comments
265094 81 COMCAST Equipment Repair&Maint E-911 Program
264581 80 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
264578 77 TERRY JUDITH Deposits Escrow
1021599 77 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC Park Shelters
264615 77 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves
264572 77 SUN TRUST FINANCIAL LLC AR Utility Water Enterprise Fund
264533 77 GROOM JERRY AR Utility Water Enterprise Fund
1021530 77 SALUNKE,ADITI Mileage&Parking IT Operating
264770 75 MINNESOTA AMBULANCE ASSOCIATION Dues&Subscriptions Fire
265026 75 MR CUTTING EDGE Contract Svcs-Ice Rink Ice Arena Maintenance
1021419 75 MPX GROUP,THE Printing Fire
1021467 73 FADDEN,TIMOTHY Dues&Subscriptions Inspections-Administration
1021477 73 STOCKWELL,WENDELL Dues&Subscriptions Inspections-Administration
264511 73 AGER JOHN AR Utility Water Enterprise Fund
264733 71 COTY CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing
264570 71 SMITS TODD AR Utility Water Enterprise Fund
264803 70 THINK SMALL P&R Refunds Community Center Admin
264779 70 NOKOMIS SHOE SHOP Clothing&Uniforms Facilities Staff
265128 70 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Concessions
264942 70 WILLYERD SARAH Tuition Reimbursement/School Fitness Classes
264623 70 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
265108 70 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
264887 67 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
264574 67 TOTIN HEATHER AR Utility Water Enterprise Fund
1021413 66 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration
264518 66 BRUNS CHRISTINE AR Utility Water Enterprise Fund
264542 65 HUANG LEI AR Utility Water Enterprise Fund
264962 65 ASSOC OF STATE WETLAND MANAGERS INC Dues&Subscriptions Stormwater Enterprise Fund
1021594 65 KIDCREATE STUDIO Instructor Service Arts Center
264579 64 440400-NCPERS MINNESOTA PERA Health and Benefits
265066 64 440400-NCPERS MINNESOTA PERA Health and Benefits
1021578 63 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store
1021650 63 PLASTICS INTERNATIONAL Equipment Repair&Maint Park Maintenance
264614 61 CSI FORENSIC SUPPLY Office Supplies Police
264550 60 KUMAR ALOK AR Utility Water Enterprise Fund
264699 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
264949 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1021473 60 MPX GROUP,THE Printing Police
265064 58 PETTY CASH-EPCC Mileage&Parking Concessions
265076 58 ASPEN MILLS Clothing&Uniforms Fire
6870 57 SQUARE Bank and Service Charges Prairie View Liquor Store
264786 57 PETSMART Canine Supplies Police
264992 56 EDEN PRAIRIE SCHOOL Other Contracted Services Senior Center Programs
264519 55 BRYSON HENRY AR Utility Water Enterprise Fund
1021459 55 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#2
1021514 55 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#1
1021590 55 GINA MAMAS INC Operating Supplies Animal Control
264808 54 UNITED WAY Charitable Contributions Health and Benefits
264512 53 AUGDAHL LON AR Utility Water Enterprise Fund
264515 53 BORUCKI JAMES AR Utility Water Enterprise Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
265157 53 SHRED RIGHT Waste Disposal City Hall(City Cost)
264608 53 COMCAST Internet IT Operating
264527 52 FLECK CHRIS AR Utility Water Enterprise Fund
264569 52 SHAMBLOTT JORDON AR Utility Water Enterprise Fund
264561 52 MISHRA AMIT AR Utility Water Enterprise Fund
264521 51 CARR GEORGE AR Utility Water Enterprise Fund
264945 50 YIN,HUAQING Rebates Water Conservation
265013 50 KAISER,DAVID S Repair&Maint-Ice Rink Ice Arena Maintenance
264805 50 TRUTWIN ALISON Deposits Escrow
265037 49 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
264528 48 FRASER LANCE AR Utility Water Enterprise Fund
265083 46 BRASS FOUNDERY Liquor Product Received Prairie View Liquor Store
264560 46 MILLINGTON MIKE AR Utility Water Enterprise Fund
264522 46 CHAUNCEY ARVIN AR Utility Water Enterprise Fund
264884 45 LATTIMORE ANDREW Operating Supplies Pool Operations
264950 45 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
264611 45 COMCAST Cable TV Fire
264736 44 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1021474 43 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr
264622 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
265107 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
264541 42 HORNE LAURA AR Utility Water Enterprise Fund
264673 41 SCHLOSSMACHER,JIM Mileage&Parking Police
264536 40 HARRIS MICHAEL AR Utility Water Enterprise Fund
264701 40 ABLE DELUXE TECHNOLOGIES Dues&Subscriptions General Fund
264535 40 HARMONY JOSHUA AR Utility Water Enterprise Fund
1021542 40 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
264921 39 RITZINGER,LISA P&R Refunds Community Center Admin
1021620 39 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
264868 38 GROTH MUSIC Operating Supplies Community Band
264845 38 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves
264873 36 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
264601 36 CAMPBELL KNUTSON,P.A. Insurance WAFTA
1021614 36 JOHNSON,PHILLIP Training Supplies Police
264742 35 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
1021425 35 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating
264753 34 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
1021612 34 FASTENAL COMPANY Operating Supplies Traffic Signs
264544 34 JANSSEN ANDREA AR Utility Water Enterprise Fund
264525 33 DONNA STOKKE AR Utility Water Enterprise Fund
1021463 33 BOHNSACK,SUE Mileage&Parking Senior Center Admin
264909 32 OLSEN CHAIN&CABLE Operating Supplies Park Maintenance
265103 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development
265104 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration
265105 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
264594 30 BENSON KRISTINE P&R Refunds Community Center Admin
264567 29 REX INVESTMENTS LLC AR Utility Water Enterprise Fund
264914 29 PILGRIM DRY CLEANERS INC Other Contracted Services Police
264881 29 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Ice Operations
1021505 28 SPRINT Cell/Pager Plans IT Operating
Check# Amount Supplier/Explanation Account Description Business Unit Comments
264575 28 VORONIN ANN AR Utility Water Enterprise Fund
1021633 28 FORCE AMERICA Equipment Parts Snow&Ice Control
264728 27 COMCAST Other Contracted Services Police
264977 27 COMCAST Cable TV Fire
1021617 27 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr
264747 27 FASTSIGNS Operating Supplies-Station sup Fire
264871 25 HAYDEN,JENNY P&R Refunds Community Center Admin
264531 25 GOODNO DENNIS AR Utility Water Enterprise Fund
264709 25 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance
264654 25 LINDALL ADAM Deposits Escrow
264558 25 MATHIEU PATRICK AR Utility Water Enterprise Fund
265136 25 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
264552 24 LARSON JEFFREY AR Utility Water Enterprise Fund
265006 24 HOWES,KENNETH P&R Refunds Community Center Admin
1021543 24 FERRELLGAS Gas Park Maintenance
264526 22 ESTATE OF JOSEPH K DOLEJSI AR Utility Water Enterprise Fund
264529 22 GERMAR KATHY AR Utility Water Enterprise Fund
264556 22 LITFIN,CONNIE AR Utility Water Enterprise Fund
1021621 21 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Stormwater Collection
264741 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
1021636 21 GRAINGER Office Supplies Water Treatment
264680 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
265044 21 SNAP-ON TOOLS Small Tools Fleet Operating
264837 20 CHRIS CASTLE INC Deposits 494 Corridor Commission
265015 20 LARSON,EVIE P&R Refunds Community Center Admin
1021579 19 SPOK,INC. Pager&Cell Phone IT Operating
264520 18 CALDWELL ELIZABETH AR Utility Water Enterprise Fund
1021526 17 MILLENDER LARRY Operating Supplies Pool Operations
264540 17 HOLT ROSEMARY AR Utility Water Enterprise Fund
265035 17 PRODOEHL,NOEMI P&R Refunds Community Center Admin
1021466 17 ELLIS,ROBERT Mileage&Parking Engineering
264568 16 SCHELIN CHARLES AR Utility Water Enterprise Fund
264727 16 COMCAST Cable TV Fire
264979 16 COMCAST Cable TV Fire
264981 16 COMCAST Cable TV Fire
1021647 16 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
264514 16 BEZAT EILEEN AR Utility Water Enterprise Fund
264534 15 GULLMAN RON AR Utility Water Enterprise Fund
264565 15 PETERSEN DAVID AR Utility Water Enterprise Fund
264985 15 CORE&MAIN Equipment Parts Water Metering
264517 15 BRISTOW MICHAEL AR Utility Water Enterprise Fund
264895 14 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
264538 12 HERNDON ARLENE AR Utility Water Enterprise Fund
1021630 12 BOYER TRUCKS Equipment Parts Fleet Operating
265000 12 GRAFF DENNIS Cash Over/Short General Fund
265054 11 TUREK KENNETH Cash Over/Short General Fund
264846 10 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission
1021454 10 UPS Postage Water Treatment
264660 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Gas Riley Creek Woods
265137 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1021557 10 UPS Postage Human Resources
265014 10 KOKAL GRANT Deposits Escrow
264555 8 LESNAU JERRY AR Utility Water Enterprise Fund
264559 8 MICHELIZZI JON AR Utility Water Enterprise Fund
264516 8 BOSCH TYLER AR Utility Water Enterprise Fund
264564 7 PELLETT SHELBY AR Utility Water Enterprise Fund
264524 7 CZECK STACEY AR Utility Water Enterprise Fund
264553 7 LEE DEVIN AR Utility Water Enterprise Fund
264729 7 COMCAST Cable TV Fire
264571 6 STEPHAN JOSEPH AR Utility Water Enterprise Fund
264580 6 A TO Z RENTAL CENTER Equipment Parts Fleet Operating
264545 6 JOHNSON JESSICA AR Utility Water Enterprise Fund
264546 6 KOCH DAVID AR Utility Water Enterprise Fund
264635 4 HANCE ACE HARDWARE Equipment Parts Fleet Operating
1021655 4 UPS Postage Fleet Operating
264982 2 COMCAST Other Contracted Services Police
7,489,966 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Fire Department Individual Sewage Treatment System XII.A.
Regulation
Requested Action
Move to: Approve first reading of an ordinance repealing Section 10.2 of City Code dealing
with individual sewage treatment standards.
Synopsis
In City Code Section 10.02 the City regulates individual sewage treatment systems. There are
approximately 120 individual sewage treatment systems remaining in the City. Hennepin
County desires to take over the regulation of and enforcement for such systems. This will help
for uniform regulation of septic systems across the County. The proposed ordinance repeals the
City's regulatory system. On second reading of the ordinance a resolution will be presented that
authorizes an Agreement with the County formally transferring the regulatory and enforcement
functions to the County. The Agreement provides that the City and the County will cooperate in
effecting the orderly transfer of said responsibilities and will take such further reasonable
administrative steps and execute such paperwork and documents as may be necessary to allow
the City to transfer and the County to carry out said responsibilities.
Attachments
Ordinance Repealing Section 10.20
Proposed Agreement with Hennepin County
Proposed Resolution transferring regulation and enforcement to Hennepin County
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 10 BY REPEALING SECTION 10.02 RELATING TO INDIVIDUAL
SEWAGE TREATEMENT SYSTEMS STANDARDS ADOPTED; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 10.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
WHEREAS, the City has entered into an Agreement with Hennepin County whereby the City
abandoned jurisdiction for Sewage System Treatment Systems(STS)permitting and enforcement,
and transferred such jurisdiction to Hennepin County regarding SSTS within the City of Eden
Prairie.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,
MINNESOTA, ORDAINS:
Section 1. City Code Chapter 10, Sections 10.02 is hereby deleted in its entirety.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 10.99 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 8th day
of January, 2019 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the day of , 2019.
Kathleen Porta, City Clerk Ron Case, Mayor
PUBLISHED in the Eden Prairie News on .
AGREEMENT
HENNEPIN COUNTY and CITY OF EDEN PRAIRIE
THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and
the CITY OF EDEN PRAIRIE,both political subdivisions of the State of Minnesota,
hereinafter referred to as the "COUNTY" and the "CITY"respectively. For purposes of
this Agreement, the address of the County is A2300 Government Center, Minneapolis,
Minnesota 55487 and the address of the City is 8080 Mitchell Road, Eden Prairie MN,
55344.
WHEREAS, the City has heretofore regulated individual sewage treatment
systems ("ISTS")within its jurisdiction pursuant to its City Code, Section 10.02; and
WHEREAS, the City seeks to abandon the regulation of ISTS within its
jurisdiction; and
WHEREAS, the City passed Resolution# on {date} =in which it
repealed City Code Section 10.02 and abandoned regulation and enforcement of
individual sewage treatment systems within its jurisdiction and transferred such to the
County, effective {date} .
WHEREAS, the County agrees to assume the City's responsibility for regulation
and enforcement of individual sewage treatment systems within the City's jurisdiction to
protect the public's health and safety pursuant to authority granted to the County under
Minnesota Statutes Chapter 115 and 145A, and Minnesota Rules Chapter 7080 and as
amended that pertain to sewage and wastewater treatment.
NOW THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the County and City agree as follows:
Section 1
SCOPE OF UNDERSTANDING
The City abandons its responsibility for regulating and enforcing individual
sewage systems pursuant to City of Eden Prairie Code, Section 10.02 and the County
agrees to assume the City's responsibility for regulatory and enforcement programs
covering such pursuant to Hennepin County Ordinance, Chapter 19, effective
{date} , as may be amended from time-to-time by the Hennepin County Board.
The City and the County will cooperate in effecting the orderly transfer of said
responsibilities and will take such further reasonable administrative steps and execute
such paperwork and documents as may be necessary to allow the City to transfer and the
County to carry out said responsibilities.
Section 2
INDEMNIFICATION
2.1 The City agrees to defend, indemnify, and hold harmless the County, its officials,
officers, agents, volunteers and employees from any and all liability for claims, causes of
action,judgments, damages, losses, costs or expenses, including reasonable attorney fees,
resulting directly or indirectly from any act or omission of the City occurring prior to
in regulating and/or enforcing its City Code, Section 10.02. The County
agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents,
volunteers and employees from any and all liability for claims, causes of action,
judgments, damages, losses, costs or expenses, including reasonable attorney fees,
resulting directly or indirectly from any act or omission of the County occurring after
in regulating and/or enforcing Hennepin County Ordinance Chapter.
Section 3
OTHER TERMS AND CONDITIONS
3.1 The City assumes sole responsibility for any and all pending claims and litigation
arising from its regulation and enforcement of individual sewage treatment systems
pursuant to its City Code, Section 10.02.
3.2 The City will assume sole responsibility for any and all claims and litigation
initiated after 'date} that arise from its prior regulation and enforcement of
individual sewage treatment systems pursuant to its repealed City Code, Section 10.02.
3.3 The City and the County agree each will be responsible for their own acts and
omissions under this Agreement and the results thereof to the extent authorized by law.
The parties' respective liabilities shall be governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This
paragraph shall not be construed to bar legal remedies one party may have for the other
party's failure to fulfill its obligation under this Agreement.
Section 4
MISCELLANEOUS
4.1 The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the herein parties and performance under it. The appropriate venue and
jurisdiction for any litigation hereunder will be those courts located within the County of
Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the
herein parties will be in the appropriate federal court within the State of Minnesota. If
any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
4.2 Both the City and County, their officers, agents, owners, partners, employees,
volunteers and subcontractors shall abide by the provisions of the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance
Portability and Accountability Act and implementing regulations, if applicable, and all
other applicable state and federal laws, rules, regulations and orders relating to data
privacy or confidentiality, and as any of the same may be amended. If the City or County
create, collect, receive, store,use, maintain or disseminate data because of regulatory
functions, then each entity must comply with the requirements of the MGDPA as if it
were a government entity, and may be held liable under the MGDPA for noncompliance.
Both parties shall defend, indemnify and hold harmless the other party, its officials,
officers, agents, employees, and volunteers from any claims resulting from the
responsible party's, its officers', agents', owners', partners', employees', volunteers',
assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or
other noncompliance with the requirements of this section. Each party agrees to
promptly notify the other party if it becomes aware of any potential claims, or facts
giving rise to such, under the MGDPA. The terms of this section shall survive the
cancellation or termination of this Agreement.
4.3 Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as
may be amended),both parties agree that the City, the County, the State Auditor, the
Legislative Auditor or any of their duly authorized representatives, at any time during
normal business hours, and as often as they may reasonably deem necessary, shall have
access to and the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to the accounting practices and procedures of
the City or County and involve transactions relating to this Agreement. Such materials
shall be maintained and such access and rights shall be in force and effect during the
period of the Agreement and for six (6) years after its termination or cancellation.
4.4 The City and County each shall select the means, method, and manner of
performing the services herein. Nothing is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting the City or County as the agent, representative, or employee of
the other party for any purpose or in any manner whatsoever. The City and County shall
remain independent with respect to all services performed under this Agreement. Each
party represents that it has or will secure at its own expense all personnel required in
performing services under this Agreement. Any and all personnel of the City or County
or other persons while engaged in the performance of any work or services under this
Agreement shall have no contractual relationship with the other party, and shall not be
considered employees of the other party. Any and all claims that may or might arise
under the Minnesota Economic Security Law or the Workers' Compensation Act of the
State of Minnesota on behalf of said personnel, arising out of employment or alleged
employment, including, without limitation, claims of discrimination against the City or
County, its officers, agents, contractors, or employees shall in no way be the
responsibility of the other party. Each responsible party shall defend, indemnify, and
hold harmless the other party, its officials, officers, agents, volunteers, and employees
from any and all such claims. Such personnel or other persons shall neither require nor
be entitled to any compensation, rights, or benefits of any kind whatsoever from the non-
responsible party, including, without limitation, tenure rights, medical and hospital care,
sick and vacation leave, Workers' Compensation, Re-employment Compensation,
disability, severance pay, and retirement benefits.
4.5 The matters set forth in the "Whereas" Clauses on page one of this Agreement are
incorporated into and made apart hereof by this reference.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
COUNTY BOARD APPROVAL
City of Eden Prairie, having signed this Agreement, and the Hennepin County
Board of Commissioners having duly approved this Agreement on the day of
, 2019, and pursuant to such approval, the proper County officials having
signed this Agreement, the parties hereto agree to be bound by the provisions herein set
forth.
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney's Office
By:
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
And:
Assistant/Deputy/County Administrator
CITY OF EDEN PRAIRIE
By:
Its: Mayor
By:
Its: City Manager
City organized under:
Statutory Option A Option B_X Charter
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION TRANSFERRING THE JURISDICTION FOR THE SUBSURFACE
SEWAGE TREATMENT SYSTEM ("SSTS" ALSO CALLED INDIVIDUAL SEWAGE
TREATMENT AND SEPTIC SYSTEMS) PERMITTING AND ENFORCEMENT
PROGRAM IN THE CITY OF EDEN PRAIRIE TO HENNEPIN COUNTY, AND
APPROVING AN AGREEMENT BEYWEEN HENNEPIN COUNTY AND THE CITY.
WHEREAS,the City Council of the City is the official governing body of the City of
Eden Prairie; and
WHEREAS,the City of Eden Prairie has from time to time amended standards through
adoption of ordinances in Chapter 10 for regulating design, installation and maintenance of SSTS
to protect health, safety and general welfare of the public; and
WHEREAS, a public hearing on amending the Eden Prairie City Code by deleting
Section 10.02 Individual Sewage Treatment Systems Standards Adopted was held before the City
Council on ; and
WHEREAS, an agreement between Hennepin County and the City of Eden Prairie by
which the City abandons its responsibility for regulating SSTS and Hennepin County agrees to
assume said responsibility has been presented to the City Council.
NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. That the City Council has by Ordinance No. _- 2019 repealed Section 10.02 and
abandoned jurisdiction for SSTS permitting and enforcement, and herby transfers
such jurisdiction to Hennepin County regarding SSTS within the City of Eden
Prairie.
2. That the City of Eden Prairie will cooperate fully in providing all necessary
records and documentation to Hennepin County regarding SSTS within the City
of Eden Prairie.
3. The agreement between Hennepin County and the City of Eden Prairie, which
transfers the responsibility of regulating and enforcing SSTS from the City to
Hennepin County is hereby approved
ADOPTED by the City Council of the City of Eden Prairie this day of ,
2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Appointments January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of City Manager Designate Official City Newspaper XIV.A.
Administration
Requested Action
Move to: Adopt Resolution designating as the official City newspaper for
the year 2019.
Synopsis
This designation is required on an annual basis.
The Eden Prairie News has been the official newspaper since 2008 and for 27 years prior to 2003.
The Sun-Current was the official newspaper from 2003 through 2007.
Attachments
Resolution
Eden Prairie News Bid
Sun Current Bid
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER
BE IT RESOLVED,by the City Council of the City of Eden Prairie, Minnesota that the
Eden Prairie be designated as the official City newspaper for the year 2019.
ADOPTED by the City Council of the City of Eden Prairie, on this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
EDEN PRAIRIE
EWS
December 18, 2018
Ms. Kathleen Porta, City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Dear Ms. Porta,
The Eden Prairie News would welcome the opportunity to serve as the city's legal newspaper in 2019.
The per-column inch bid rate submitted by the Eden Prairie News is $2.42.
Newspapers can be published with different page sizes and column widths, which may not allow for
an exact comparison in bids submitted by various entities.Column width is 1.645 inches.The typeface
used in the Eden Prairie News is 7.5 Nimrod, and an estimated 9 lines of type will be printed in every
inch published. Please contact us if the city would like assistance in completing cost comparisons with
other papers that have submitted bids for the legal newspaper appointment.
if appointed the city's legal newspaper, notices submitted by the City of Eden Prairie will be posted on
our website, www.edenprairienews.com, free of charge.
Should the Eden Prairie News be appointed the city's legal newspaper, e-mailed legals should be sent
to: legal@swpub.com. Our deadline is noon Thursday, preceding the next publication date; deadlines
usually change during holiday weeks to accommodate press schedules.
Thank you for the opportunity to be of service to you in the past.We hope that relationship can be
continued in the coming year.
Resp1e(cAtfully,
CLaiLi
rie A. Hartmann
Director of Operations
1001 Twelve Oaks Center Dr., Wayzata, Minnesota 55391 • (952) 445-3333
v �
= = MEDIA
December 4, 2018
City of Eden Prairie
Ms. Kathleen Porta
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Ms. Porta:
Please accept the following bid from the Eden Prairie Sun-Current for legal newspaper designation
for the City of Eden Prairie. This newspaper is qualified by the State of Minnesota as a legal
newspaper under Minnesota Statutes Section 331A.02, Subd. 1.
The following rate structure for legals is effective January 1, 2019:
First insertion: $8.00 per column inch
Subsequent insertions: $5.00 per column inch
Characters per inch: 320
Lines per inch: 9
A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A
$20.00 charge will be assessed on legal notices that require typing. All published legal notices are
posted on the Sun-Current website at no additional charge.
The Sun-Current is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for
publication the following Thursday. Please email legal notices to publicnotice@ecm-inc.com.
Thank you for considering the Sun-Current as the official newspaper for the City of Eden Prairie for the
upcoming year. We appreciate the opportunity to serve the needs of your community.
Sincerely,
tt
Steve Gall
Advertising Director
CITY COUNCIL AGENDA DATE:
SECTION: Appointments January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of the City Manager Designate Official Meeting Dates, Time and XIV.B.
Place for the City of Eden Prairie Council in
2019 and Appointing Acting Mayor
Requested Action
Move to: Adopt Resolution designating the official meeting dates, time and place for the City
of Eden Prairie Council in 2019 and appointing Council Member as Acting
Mayor.
Synopsis
This resolution requires approval on an annual basis.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
_
A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND
PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2019
AND APPOINTING ACTING MAYOR
BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that
they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City
Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops
will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly
scheduled Council meetings. Robert's Rules of Order will prevail; and
BE IT RESOLVED,that the first meeting of 2019 will be held on January 8 and the
second meeting in January will be held on the fourth Tuesday of the month; and
BE IT RESOLVED, that the only Council meeting in June and July will be held on the
third Tuesday of the month; and
BE IT RESOLVED,that the only Council meeting in August will be held on the second
Tuesday of the month; and
BE IT RESOLVED,that the only Council meeting in November will be held on the
second Tuesday of the month; and
BE IT RESOLVED,that the only Council meeting in December will be held on the first
Tuesday of the month; and
BE IT FURTHER RESOLVED,that Council Member Aho is hereby appointed to be
the Acting Mayor in the absence of the Mayor.
ADOPTED by the City Council of the City of Eden Prairie, on this 8th day of January 2019.
Ron Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Appointments January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/ Appointments to 2019 Local Board of XIV.C.
Assessing Appeal and Equalization (LBAE)
Requested Action
Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O'Connor,
Todd L.Walker,Nate Thompson and Kristin Rial for the period of March 1, 2019
through May 31, 2019, or until the Board of Appeal and Equalization completes its work.
Synopsis
The proposed members for Council approval are Eden Prairie residents and experienced real estate
professionals with extensive knowledge of the Southwest metro area.
Lyndon Moquist of Edina Realty is involved in the sale of residential properties in the southwest
metro area and manages the Eden Prairie office of Edina Realty.
Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of residential
properties in the southwest metro.
Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of residential properties in
the southwest metro.
Nate Thompson of Edina Realty is involved in the sale of residential properties in the southwest
metro.
Kristin Rial of Edina Realty is involved in the sale of residential properties in the southwest metro.
Background
From 1992 through 2018, the City has appointed a special Local Board of Appeal and Equalization
(also formerly named the Board of Review). The members are citizen volunteers that are active and
knowledgeable, with extensive experience in the real estate market. The members are recruited by the
City Manager and City Assessor and appointed annually with confirmation by the City Council. The
City pays the members a per diem payment of$50 for all required training sessions and Board
meetings.
State statute requires the LBAE have a majority(quorum) of the voting members be in attendance for
each meeting and at least one member present is required to have completed the LBAE training
offered by the Minnesota Dept. of Revenue. Currently,Nate (certification expires 7/1/2019), Kristin
(certification expires July 1, 2021) and Lyndon (certification expires July 1, 2021) have the LBAE
training certification. We expect that Todd Walker will complete the new on-line training session prior
to the Local Board of Appeal and Equalization meeting.
CITY COUNCIL AGENDA DATE:
SECTION: Report of the City Manager January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Office of the City Manager Board and Commission Recruitment Process XV.B.1.
Requested Action
Move to: Approve the attached timeline for recruitment of Board and Commission candidates
and set February 26, 2019 as the date for commission interviews.
Synopsis
The Board and Commission process typically begins in early January and wraps up with new
member orientation in March. Staff proposes the following scheduled for 2019 recruitment:
January 9 Application process opens
February 4 Application deadline
February 26 Commission candidate interviews
March 5 Council appoints commissioners
Late March Commission orientation
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director January 8, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Professional Services Agreement with artist XV.D.1.
Parks and Recreation CJ Rench of CJR Design for Preserve Blvd
Public Art
Requested Action
Move to: Approve Professional Services Agreement for$130,000 with CJ Rench of CJR Design
for Preserve Blvd Public Art design, fabrication, and installation.
Synopsis
In an effort to integrate public art into the community to support Eden Prairie's Values of
Innovation and Collaboration and to provide a more visually pleasing environment, funds for
public art were allocated as a part of the Preserve Boulevard renovation.
In July of 2018, Request for Qualifications (RFQ) were solicited to find appropriate and qualified
artists. The initial RFQ call received over 70 artist submissions. From this initial round, four
artists were selected to continue on in the process and were asked to provide preliminary
concepts and costs by mid-October 2018. Of the four artists, CJ Rench was selected due to his
proposed project, abundant experience, favorable references, and aesthetics of his past work.
Staff has worked with CJ Rench to come up with a scope of work that includes the four unique
sculptures to be installed along Preserve Blvd.
Background
CJ Rench of CJR Design is being recommended to design, fabricate and install the public art that
will appear on Preserve Blvd.
CJ Rench began his industrial engineering career in the sporting goods industry and was awarded
multiple patents for his innovative products. In 2005, he began designing, sculpting and
fabricating metal sculpture full-time. Rench has participated in several public exhibitions across
the United States and has his sculpture at several galleries in the Northwest, from the Columbia
Center for the Arts in Oregon to Desert Art Collection in California. His work includes many
large-scale commissions for public and personal collectors throughout the U.S., such as the City
of Kennewick, WA, the City of San Ramon Sports Park, CA and Hood River Parks and
Recreation, OR.
Each steel structure consisting of three individual stems will be made of a combination of
schedule 40 and 80 pipe or 12 and 14 gauge mild steel installed on their concrete footing in a
triangular pattern, and be able to withstand extreme temperature ranges, wind, and other weather
and weather-related considerations such as snow, road salt treatments, etc. Each stem will have
leaf/flower designs made of 12, 14, and 16 gauge stainless and mild steel with 25+year colored
Plexiglas. Lighting details and specifications will also be provided by the Consultant. Lighting
Professional Services Agreement with CJ Rench of CJR Design for Preserve Blvd Public Art
January 8, 2019
Page 2
units and power source will be installed by others in the alternate triangular pattern of the stems
for nighttime viewing.
Each structure and corresponding stem/leaf/flower design are based on four chosen native plants
to the surrounding landscape. These plants and leaf/flower colors will be determined by the City
and communicated to the artist via email.
Attachments
Professional Service Agreement&Exhibit A
Payment Bond
Performance Bond
Public Art Proposal from CJ Rench
RFQ and subsequent communication for additional proposal
CITY OF EDEN PRAIRIE
Standard Professional Services Agreement
THIS AGREEMENT is between the CITY OF EDEN PRAIRIE, referred to as the CITY
and Chris J Rench of CJR Design referred to as the Consultant, for four (4) Preserve
Boulevard public art sculptures to be installed at Preserve Boulevard sites as listed in
Exhibit A, these services to be provided under the terms of this Agreement.
The CITY and the Consultant for the consideration hereinafter stated agree as follows:
I. CONTRACT DOCUMENTS •
The CONTRACT DOCUMENTS consist of the CITY's Request for Proposal, dated
August 30, 2018, the Consultant's Professional Services Proposal, dated October 14,
2018, the Consultant's Scope of Services, and the Consultant's fee proposal. The
Contract Documents are hereby incorporated into this Agreement and are as much part
of this Agreement as if fully set forth herein.
II. SCOPE OF SERVICES
Consultant shall perform for the CITY the following services that are identified in the
Consultant's Scope of Services which is attached hereto as Exhibit A and incorporated
by reference herein or which is listed below.
A. If construction administration is part of the scope of services, the following shall
apply:
1. Site Safety: Consultant shall neither have control over or charge of, nor be
responsible for construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
work performed by construction contractor for the project.
2. Site Observation: Consultant, as a representative of the CITY, shall visit the
site as agreed to by the CITY and Consultant 1) to become generally
familiar with and to keep the CITY informed about the progress and quality
of the work, 2) to endeavor to guard the CITY against defects and
deficiencies in the work, and 3) to determine if the work ,is generally
performed in substantial accordance with contract documents. Consultant
shall not be expected nor required to perform construction administration
services beyond those specifically described in this Agreement.
3. Submittals: Consultant shall review and approve or take other appropriate
action upon the construction contractor's submittals such as shop drawings,
product data and samples but only for the limited purpose of checking for
conformance with information given and the design concept expressed in
the contract documents. Review of such submittals is not for purpose of
Preserve Blvd Public Art Project Contract Page 1 of 13
determining accuracy and completeness of other information such as
dimensions, quantities, and installation or performance of equipment or
systems, which are the construction contractor's responsibility. Consultant
review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Consultant, of any construction means,
methods, techniques, sequences or procedures. Consultant approval of a
specific item shall not indicate approval of an assembly of which the item is
a component.
III. COMPENSATION
Consultant's total compensation under this Contract shall be:
❑ On a lump sum basis including reimbursable expenses for a fee of$130,000.00
Eligible reimbursable expenses must be included in Consultant's Scope of Services and
agreed to by the CITY.
Consultant shall submit itemized invoices for services rendered to the Contract Manager
whose name and address appears in Paragraph XVII of this Contract and whose
signature appears on the signature page of the Contract. If uncontested by the CITY, the
CITY shall pay all such invoices within 35 days of receipt of the invoice b.y mailing the
payment to the person identified by Consultant in Paragraph XVII of this Contract.
IV. EFFECTIVE DATE AND TERMINATION DATE
This Contract shall be in full force and effect from December 4, 2018 through November
29, 2019, unless otherwise extended by the CITY or terminated earlier under Paragraph
XVI, Cancellation, Default and Remedies.
V. SUBSTITUTIONS AND ASSIGNMENTS
Upon approval by the CITY, the Consultant may substitute other persons to perform the
services listed in Consultant's Scope of Services. If substitution is permitted by the CITY,
the Consultant shall furnish information to the Contract Manager identified in Paragraph
XVII of this Contract to allow proper review of the qualifications of the substituted person.
No assignment of this Contract shall be permitted without the written amendment signed
by the CITY and the Consultant.
VI. CONTRACT ADMINISTRATION
All provisions of this Contract shall be coordinated and administered for the CITY by the
Contract Manager identified in Paragraph XVII..
Preserve Blvd Public Art Project Contract Page 2 of 13
VII. AMENDMENTS
Any alterations, variations, modifications, or waivers of this Contract shall only be valid
when they have been reduced to writing as an amendment to this Contract and signed
by the parties. Any amendment that causes the Compensation due under Paragraph III
of this Contract to increase must be approved by the CITY by formal action by its City
Council.
VIII. INDEPENDENT CONTRACTOR
The Consultant and its employees shall not be an employee of the CITY. The Consultant
and its employees shall act as an independent contractor and acquire no rights to tenure,
workers' compensation benefits, unemployment compensation benefits, medical and
hospital benefits, sick and vacation leave, severance pay, pension benefits or other rights
or benefits offered to employees of the City or its departments. The Consultant and its
employees shall not act as the agent, representative or employee of the CITY.
IX. INDEMNIFICATION
To the extent not precluded by Minnesota Law, Consultant shall indemnify and hold
harmless the CITY, its officials, officers, agents, volunteers and employees from any
liability, claims, causes of action judgments, damages, losses, costs or expenses,
including reasonable attorney fees, to the extent caused by any negligent act of, or
omission of, or failure to perform by the Consultant , a subcontractor, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions they may
be liable in the performance of services required by this Contract.
X. CONSULTANTS INSURANCE
A. Consultant shall complete the Standard Contract Insurance Form which is
attached hereto as Exhibit B and incorporated by reference herein. The
limits of such coverage shall be as follows:
Limits
1. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate $1,000,000
Products—Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence—Combined Bodily
Injury and Property Damage $1,000,000
2. Workers' Compensation and Employer's Liability:
Workers' Compensation Statutory
If Contractor is based outside the State of Minnesota, coverage must
apply to Minnesota law. In accordance with Minnesota law, if
Preserve Blvd Public Art Project Contract Page 3 of 13
Contractor is a sole proprietor, it is exempted from the above
Workers' Compensation requirements. In the event that Contractor
should hire employees or subcontract this work, Contractor shall
obtain the required insurance.
3. Employer's Liability. Bodily injury by:
Accident—Each Accident $500,000
Disease—Policy Limit $500,000
Disease—Each Employee $500,000
Professional Liability—Per Claim $1,500,000
Aggregate $2,000,000
The professional liability insurance must be maintained continuously for a
period of two years after the termination of this Agreement.
4. Commercial Automobile Liability insurance covering all owned, non-
owned and hired automobiles.
B. An umbrella or excess policy over primary liability insurance coverages is
an acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of Consultant to determine the need for and to procure
additional insurance which may be needed in connection with this Contract.
Upon written request, Consultant shall promptly submit copies of insurance
policies to the CITY.
Consultant shall not' commence work until it has obtained required
insurance and filed with the CITY, a properly executed Certificate of
Insurance establishing compliance. To the extent not precluded by
Minnesota Law, certificate(s) must name the CITY as the certificate holder
and as an additional insured for the general liability coverage(s) for all
operations covered under the Agreement. The certificate must also show
that the CITY will receive 30 day prior written notice in the event of
cancellation, nonrenewal, or material change in any described policies.
Consultant shall furnish to the CITY updated certificates during the term of
this Contract as insurance policies expire. If Consultant fails to furnish proof
of insurance coverages, the CITY may withhold payments and/or pursue
any other right or remedy allowed under the contract, law, equity, and/or
statute. The CITY does not waive any rights or assume any obligations by
not strictly enforcing the requirements set forth in this section.
C. Duty to Notify. Consultant shall promptly notify the CITY of any claim, action,
cause of action or litigation brought against Consultant, its employees,
officers, agents or subcontractors, which arises out of the services
contained in this Contract. Consultant shall also notify the CITY whenever
Preserve Blvd Public Art Project Contract Page 4 of 13
Consultant has a reasonable basis for believing that Consultant and/or its
employees, officers, agents or subcontractors, and/or the CITY, might
become the subject of a claim, action, cause of action, criminal arrest,
criminal charge or litigation arising out of and/or related to the services
contained in this Contract. Failure to provide the notices required by this
section is a material violation of the terms and conditions of this Contract.
D. Subrogation and Risk Allocation. In order that Consultant may provide its
services at a reasonable cost but still provide for a reasonable response to
claims and other liabilities, both parties waive in favor of the other party only,
all rights of subrogation for losses covered by their respective insurance
policies. Neither party shall be liable to the other for any indirect,
consequential, or special damages. The maximum aggregate liability of
Consultant as to claims arising out of this Agreement, regardless of the legal
or equitable basis for any of them is five million USD ($5,000,000 USD).
XI. DATA PRACTICES
Consultant, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance
Portability and Accountability Act and implementing regulations, if applicable, and
all other applicable state and federal laws, rules, regulations and orders relating to
data privacy or confidentiality. If Consultant creates, collects, receives, stores,
uses, maintains or disseminates data because it performs functions of the CITY
pursuant to this Contract, then Consultant must comply with the requirements of
the MGDPA as if it were a government entity, and may be held liable under the
MGDPA for noncompliance. Consultant agrees to defend, indemnify and hold
harmless the CITY, its officials, officers, agents, employees, and volunteers from
any claims resulting from Consultant's officers', agents', owners', partners',
employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or
use of such protected data, or other noncompliance with the requirements of this
section. Consultant agrees to promptly notify the CITY if it becomes aware of any
potential claims, or facts giving rise to such claims, under the MGDPA. The terms -
of this section shall survive the cancellation or termination of this Contract.
XII. COMPLIANCE WITH THE LAW
Consultant agrees to abide by the requirements and regulations of The Americans
with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat.
C.363A), and Title VII of the Civil Rights Act of 1964. These laws deal with
discrimination based on race, gender, disability, religion and with sexual
harassment. In the event the Consultant has questions concerning these
requirements, the CITY agrees to promptly supply all necessary clarifications.
Violation of any of the above laws can lead to termination of this Contract.
Preserve Blvd Public Art Project Contract Page 5 of 13
XIII. AUDITS
The Consultant agrees that the CITY, the State Auditor or any of their duly
authorized representatives, at any time during normal business hours and as
often as they may reasonably deem necessary, shall have access to and the right
to examine, audit, excerpt and transcribe any books, documents, papers, and
records that are relevant and involve transactions relating to this Contract.
Consultant shall maintain these materials and allow access during the period of
this Contract and for six (6) years after its termination or cancellation.
XIV. APPLICABLE LAW
The law of the State of Minnesota shall govern all interpretations of this Contract,
and the appropriate venue and jurisdiction for any litigation which may arise under
this Contract will be in and under those courts located within the County of
Hennepin, State of Minnesota, regardless of the place of business, residence or
incorporation of the Consultant.
XV. CONFLICT AND PRIORITY
In the event that a material conflict is found between provisions in this Contract,
the Consultant's Scope of Services, or the Consultant's Proposal, if any, or the
CITY's Request for Proposals, if any, the provisions in the following rank order
shall take precedence: 1) Contract; 2) Consultant's Scope of Services;
3)Consultant's Proposal, and 4) CITY's Request for Proposals.
XVI. CANCELLATION, DEFAULT AND REMEDIES
Either party to this Contract may cancel this Contract upon thirty (30) days written
notice, except in instances where the Consultant fails to fulfill its obligations under
this Contract in a proper and timely manner, or otherwise violates the terms of this
Contract, the CITY has the right to terminate this Contract, if the Consultant has
not cured the default after receiving seven (7) days written notice of the default.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
CITY for damages sustained by the CITY as a result of any breach of this Contract
by the Consultant. The CITY may, in such event, withhold payments due to the
Consultant for the purpose of set-off until such time as the exact amount of
damages due to the CITY is determined. The rights or remedies provided here
shall not limit the CITY, in case of any default, error or omission, by the Consultant,.
from asserting any other right or remedy allowed by law, equity, or by statute.
Nothing in this Contract shall be construed as a waiver of any right, remedy, liability
limit or immunity of the CITY under law.
Preserve Blvd Public Art Project Contract Page 6 of 13
XVII, NICYTICES
Iffy r>Elki e or cle-Pand autnerized +er..1 irec.I urriar 1111S. Cantracl shall be in wrilirlg
erGd 5halI tie sent twy certrfled rail t) the other party as toll:
To the Consultant
R�rwti, Artiot
iy5/ ke.--Pf- IA41
, C7C*1;.' g".
To the OM':
CITY IMF E DEN PRAIE IE
g Mikhail Road
Eder? Praise. rkrIfil 5524,1
,f61-171: C mar Sc twin, pr jait a nia r- a.E contact Manager
!II- FNT1E=LLECTUAL PROPERTY
Urtil ss the LDnE'Jltardl '5 Buajt. 4a Ise ix mare or t~a intellectual property
previsions in sulb (ay (In) ar• (e) beteiw, the CITY owns. ill rights, ti14e, and
intefetst. in ail ' .f thiN ii elIe.cI{i,ea prciperty inoI.iiIing copyrights, pagenl , ti ads
MtliGrtb, IliadBmairkEh and serer mallts in any 'Work" created, an! pridin5sE.
ploducet1 or Gtrnplated end paid tve this •'cMkr 'VON. covered includes
irti � r imoroverrer7t . iilscr ideii . daabBae.. computes pro ram'. papori9
ham, phoraig raptly. Peejareves .i r' . ra lr1gg. f F tkma.
dials tapes, OF Co+Iher �Y1rdttia.
MI k undue this Contract 'III b e exclusivo piped of the CITY Arid gill be
5urrenclered to the CITY it ma:1i t' Iy up ri completion, exp irBlion Dr uariperilation
this C'nbact. The Conathant ceipf ttn Ls and warrants Tina[ iha work does r
amd will rut Irfriringe wen any initellecaml propIr1' nrpta i 1drily perNonst'r
entities.
In ccn5idensEion fN all nghls Ga CorsulLarrft Work. CITY will warm. harm ss,
wrid indemnify ConsJILLryt, and its 11Ir tr rsr anaems, ageru, ernplcsv s.,
nsr+Irils, film any and all dal rf1G an. of the CI Ty'e rueor r'iE Use of
GIs work, With the exception of the neglIggint acts. iarFor5 Qr Q i$aiGnQ QI
C-crwitgiril anti [Is d irautora, ofrocen. 5gencs. pl s„ and sub.imosullaritt..
WI. For Artwork. The CITY Shall posseE.a gird rwn the F ubL Arvi rk to lbe
prided 4 fhe Consulldrit rhe ConairlEint retain5 cithieir rights printed
through the Ci pyf'Ighi Act i , 17 U. S .0 Section 1 Q P €1.. stil. lei 1i*
R�r�lAftwork.
R'reB,ye tIkd Pubh{ Art Qrei [k CjplL-ett rigs 7 ell 15
Since the artistic designs leading up to and including the final design and
dimension of the Public Artwork are unique, the Consultant shall not make
any additional, exact duplicate reproductions of the final design and
dimension, nor shall the Consultant grant to a third party, the right to
replicate the artistic designs and dimensions of the Public Artwork, without
the written permission of the CITY.
The Consultant grants to the CITY and its successors or assigns, an
irrevocable license to make two-dimensional reproductions of the Public
Artwork and the final designs to be used in brochures, media, publicity and
catalogs or other similar, non-profit publications.
The Public Artwork and designs developed under this contract shall be the
exclusive property of the CITY and will be surrendered to the CITY upon the
completion of the Public Artwork or upon the cancellation, termination or
expiration of this Contract.
If the Public Artwork prepared under this Contract is work or service
provided by the Consultant using a proprietary system for which the
Consultant has proprietary rights, then the CITY will not own or claim the
Public Artwork as the CITY's exclusive property. The Consultant represents
and warrants that said work or service does not and will not infringe upon
the proprietary or any intellectual property rights of any other persons or
entities.
(b) For Licensed Software: Consultant retains ownership, intellectual property
rights and title to its software. Consultant also retains proprietary rights to
documentation, manuals and related documents associated with its
software. Consultant also retains ownership, title and interest in all
intellectual property rights, including copyrights, patents, trade secrets,
trademarks and service marks in any "work" created, produced or
completed as a result of this Agreement. "Work" shall be limited to
inventions, improvements, discoveries, computer programs or
specifications developed as a result of the CITY's receipt of the license key
or the access code to, and installation of the software.
All rights of the CITY to use the software are indicated with particularity in a
"License and Maintenance Agreement" between the Consultant and the
CITY.
The CITY understands and agrees that upon the expiration or termination
of this Contract, the Consultant will cancel the license key or access code
and the software will be disabled or removed.
Consultant recognizes and agrees that reports, data, diagrams and other
results and outcomes from the CITY's use of the software and the
Preserve Blvd Public Art Project Contract Page 8 of 13
II
information and data entered into the software by the CITY is retained by
the CITY as its property.
(c) For specifically commissioned development of intellectual technology:
Subject to sub-paragraph (i), "Pre-existing Technology" below, the CITY will
own all right, title and interest in and to any "work" that is specifically
commissioned for development under this Contract. Subject to the
ownership rights in the preceding sentence and in the pre-existing
technology sub-paragraph below, the Consultant will retain property rights
to all "know-how", data processing techniques, software documentation,
diagrams, specifications, schematics or blueprints developed by the
Consultant. The Consultant grants the CITY a perpetual, non-exclusive,
non-transferable license to use any of the foregoing for its internal purposes.
(i) Pre-existing Technology: Each party acknowledges and agrees that
each party is the sole and exclusive owner of all right, title, and
interest in and to its services, products, software, source and object
code, specifications, designs, techniques, concepts, improvements,
discoveries and inventions including all intellectual property rights
thereto, including without limitations any modifications,
improvements, or derivative works thereof, created prior to, or
independently, during the terms of this Contract. This Contract does
not affect the ownership of each party's pre-existing, intellectual
property. Each party further acknowledges that is acquiring no rights
under this Contract to the other party's pre-existing, intellectual
property, other than any limited right explicitly granted in this
Contract.
(ii) Data-Ownership: The CITY is the sole owner of all information, data,
algorithms, policies or programs used by the Consultant in designing,
developing and producing the "Work" that is the subject of this
Contract.
(iii) Further Assurances: Each party agrees to cooperate with the other
party and take all reasonable actions required to vest and secure in
such party all ownership rights, including all intellectual property
rights as may be indicated in this Contract.
XIX. NOT APPLICABLE
XX. CONFLICT OF INTEREST
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.
Preserve Blvd Public Art Project Contract Page 9 of 13
XXI. CARDHOLDER DATA SECURITY STANDARDS
Should the Consultant collect revenue on behalf of the CITY through the
acceptance of credit cards offered by cardholders to pay for services offered under
the terms of this Agreement, then Consultant represents and acknowledges that
the Consultant will comply with the Payment Card Industry (PCI) regulatory
standards including the Data Security Standards (DSS). Consultant represents
that it will protect cardholder data. Contractor will be annually certified as a PCI
compliant service provider and agrees to provide evidence of said certification to
the CITY upon request Consultant agrees at reasonable times to provide the CITY
or its assigns the audit rights contained in Section XII hereof for all physical
locations, systems or networks that process credit cards, on behalf of the CITY if
PCI compliance certification has lapsed or is otherwise not current. Consultant also
agrees to provide written notice to the CITY of any breach of a system owned,
operated or maintained by Consultant that contains cardholder data or information.
XXII. MERGER
The entire agreement between the parties is contained herein and this Contract
supersedes all oral agreements and negotiations relating to the subject matter of
this Contract. All items that are referenced or that are attached are incorporated
and made a part of this Contract. If there is any conflict between the terms of this
Contract and referenced or attached items, the terms of this Contract shall prevail.
The parties being in agreement have caused this Contract to be signed as
CONSULTANT:
By
Its C�7,c�►�--
Date r7 t /V Oki �-1 /2,o2
By signing this agreement, I represent that I have the authority to enter into and
bind the Consultant to this agreement.
CITY OF EDEN PRAIRIE:
By Date:
Its Mayor
By Date:
Its City Manager
Preserve Blvd Public Art Project Contract Page 10 of 13
STANDARD PROFESSIONAL SERVICES AGREEMENT
Exhibit A — CONSULTANT PROPOSAL/SCOPE OF SERVICES
•
Preserve Boulevard public art work will consist of four different native grass sculptures.
Each sculpture will include groupings of three individual steel stems of varying height with
steel and Plexiglas leaves/flowers appropriately attached to 6' — 8' diameter concrete
footings raised approximately 18"-20" from ground level with a footing depth properly
calculated for frost levels in determined locations.
Proposed locations, based on the Preserve Boulevard Reconstruction plans, are at
approximate northbound station 211+00 in the median, approximate station 219+00 in
the median, in the southeast intersection of Preserve Boulevard and Prairie Center Drive
beyond the sidewalk limits and in the north west intersection of Preserve Boulevard and
Anderson Lakes Parkway near the proposed wet pond. Locations may change based
upon construction, utilities, engineering, or aesthetic considerations and will be properly
communicated to artist as needed.
Each steel structure consisting of three individual stems will be made of a combination of
schedule 40 and 80 pipe or 12 and 14 gauge mild steel installed on their concrete footing.
in a triangular pattern, and be able to withstand extreme temperature ranges, wind, and
other weather and weather-related considerations such as snow, road salt treatments,
etc. Each stem will have leaf/flower designs made of 12, 14, and 16 gauge stainless and
mild steel with 25+ year colored Plexiglas. Lighting details and specifications will also be
provided by the Consultant. Lighting units and power source will be installed by others in
the alternate triangular pattern of the stems for nighttime viewing.
Each structure and corresponding stem/leaf/flower design are based on four chosen
native plants to the surrounding landscape. These plants and leaf/flower colors will be
determined by the City and communicated to the artist via email.
INVOICE TIMELINE
Invoice 01-contract signed; 50% of allotted $130,000 budget for final design, engineering,
materials, and beginning fabrication.
Invoice 02- mid-fabrication photos sent; 30% of allotted $130,000 budget for final
fabrication and finishing.
Invoice 03- delivery and installation; 20% of allotted $130,000 budget.
Please view visual designs attached to this contract for additional information and details.
Preserve Blvd Public Art Project Contract Page 11 of 13
STANDARD PRW E! 5IO NAL SERVICES. AG RE EM ENT
Exhiiff 9- Insurance Reiulrigiiirkerom
No cha as r aicl IFIDna war" ratidp. k' Ihis form rather Char, irpd ra1in' tJN-i tl rr
#slkka, If ElraiLift ,. 4i id 4C10tiinp. a Iekt r ih } the. I i-Ir,su an.a rcvFrage
▪ follovirin are the irr514r'n. retitbrerrn€nls tir aatj The covimrag8 limits and
olhee specilk In5urancpe requicerneri4s. am se'. forth in Pigr raph X of the C' r icad.
▪pry l�rrt trust fdl in $aol'on. A &swan ID bite checking •rl c.ro.1171Q1-1111Wromine tires,
!tac1iiii i rrl�i� r $ cr1.Ifim AND ni i.i n at the bottom.
▪ WW _t Qm pen asliflnTX-- Mn�r�r t1n
Attached is certtf Cate uncin4 WINK! •rrowa r-ree covulagc in force as ref the.
Acifeernent Starr dat
❑ MN 8tAlxii8 Chapter 176 dm not 4ppIy because Coh*.ua nt has no ernpl
and will riot have; arnyr during the ilf& of the k$reu meir.
[1 Commercial Ge-risegd insurance
Atka:fled is. corlificale eyrdencinq Zberiee intl./mince Giw9 rye in tact as .a'
Cor'trac# t +t date.
❑ Cirmuita-j! assum . l'Clgp-Orieird14.17 For any ori° all darriagea Mat ?iUr aS a
T II of moa Coritrar .
C co( insu r;Inca 2Thterirn al ' , r1Ol .. unit_d and
LLE 141;"rCf1i'ii1k6.
Atilaintial Is per#ini to evil:Fenci ng ate inburaincie tinPartipet in Tc irm PL5 of the
Coin ract atari dte.
C"prr r[t2rit'g patsonal n'rtta IiiliI"j IMtumnc coverage andre63.43a the ri$k.
Attach i . I'ti,'r Porn insurance agent a7.afin. that per: r. l automobile.
in�uF��r ��II lair i n'ss is-gn Df all ar.ft4'ri t;i l 1 s) that will be LeReci
d�,rlrti the litoDf this Cgntract
El consuNaro. I na{ drive ark autemoibiles 40.40.0Perrolh1404 sar el tinder this
04ntrar=l
P-rlcrve rd PuI;1II, Art Frailest rrr r R 1"iiF 13
D. Professional Liability Insurance providing coverage for the claims that arise from
the errors of Consultant or its sub consultants, omissions of Consultant or its sub
consultants, failure to render a professional service by Consultant or its sub
consultants, or the negligent rendering of the professional service by Consultant
or its employees, agents, or subcontractors.
iZ( Attached is certificate evidencing above insurance coverage in force as of the
Contract start date.
Consultant agrees g s to assume full responsibility for any and all damages that occur
7.
as a result of any of its sub-contractor's acts, errors or omissions.
Consultant Business Name (printed) C.3 FID e-s 'Iv,-
Consultant Authorized Name (printed) CIA-AS
Consultant Authorized Signature `
Preserve Blvd Public Art Project Contract Page 13 of 13
PAYMENT BOND
BOND NO. PENAL SUM$130,000
KNOW ALL MEN BY THESE PRESENTS that we. Chris J Rench ("Principal"), and C.1R Design, a
corporation organized under the laws of the State of Oregon_and duly authorized to transact business in the
State of Minnesota, ("Surety"), are held and firmly bound unto the City of Eden Prairie, a public corporation
('`Obligee"), in the penal sum of one hundred thirty thousand DOLLARS ($130,000.00), for the payment
whereof well and truly to be made, the principal and the Surety bind themselves, their heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents.
WHEREAS the Principal and the Obligee have entered into an Agreement, dated the 4th day of
December.2018,("Agreement")which agreement is by reference made a part hereof,as if fully set forth.
NOW, THEREFORE,the condition of this obligation is such that the if Principal, its heirs, executors,
administrators, successors, or assigns, or a subcontractor, shall fail to pay any person or persons furnishing
labor and/or materials, as defined in Minnesota Statute Section 574.26, pursuant to the Agreement, then Surety
will pay for the same, in or to an amount not exceeding the penal sum of this bond, set forth, and also will pay
in case suit is brought upon this bond, such reasonable attorney's fees as shall be fixed by the court.
This bond shall inure to the benefit of any persons furnishing labor and/or materials, as defined in
Minnesota Statute Section 574.26, pursuant to the Agreement, so as to give a right of action to such person or
their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from
the obligation of the bond by any change, extension of time for performance, addition, alteration or
modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme
or work of improvement hereinabove described or pertaining or relating to the furnishing of labor,materials, or
equipment therefore, nor by any change or modification of any terms of payment or extension of the time for
any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the
claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in
favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released
from liability to those for whose benefit such bond has been given, by reason on any breach of the Agreement,
but the sole conditions of recovery shall be that claimant is a person furnishing labor and/or materials, as
defined in Minnesota Statute Section 574,26, pursuant to the Agreement,and has not been paid the full amount
of his/her or its claim and that Surety does hereby waive notice of any such change, extension of time,addition,
alteration or modification herein mentioned.
SIGNED, sealed,and dated this day of 11J Ot . . 20 I .
By
Principal
By
Attorney-in-fact
Revised March 2013
PERFORMANCE BOND
BOND NO. PENAL SUM$130,000
KNOW ALL MEN BY THESE PRESENTS that we, Chris J Rench, ("Principal"), and CJR
Design, a corporation organized under the laws of the State of Oregon and duly authorized to transact
business in the State of Minnesota, (`Surety"), are held and firmly bound unto the City of Eden Prairie, a
public corporation, ('Obligee"), in the penal sum of one hundred thirty thousand DOLLARS ($
I30,000.00) for the payment whereof well and truly to be made, the principal and the Surety bind
themselves, their heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by
these presents.
WHEREAS the Principal and the Obligee have entered into an Agreement, dated the 4th day of
December,2018,("Agreement")which agreement is by reference made a part hereof as if fully set forth.
NOW, THEREFORE, the condition of this obligation is such that the if Principal, his heirs,
executors, successors, and assigns shall in all things well and truly perform and observe all of the covenants,
agreements, and conditions on their part to be performed and observed which are contained in the
Agreement then this obligation shall be void; otherwise, it shall remain in force.
SIGNED,sealed,and dated this a-� day of A) fit, ,20 t
ByZ.„
Principal
By
Attorney-i n-fact
Revised March 2013
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CJR {DESIGNSTUD1D
"Minnesota Natives"
Concept Statement:
Designed to be the centerpieces for the redesign of Preserve boulevard,these large
scale groupings of colorful Minnesota native grasses will enhance the entire length
of the boulevard and visually compliment the surrounding natural landscape. Liter-
ally hundreds of colorful leaves in the daylight and creating beautiful views up-lit at
night all without distracting drivers or creating any obstruction of view. "Minnesota
Natives"will instigate an artistic experience and create memories with viewers of
both the boulevard and the arts and culture in Eden Prairie.
Forms, Color&Meaning:
The"Minnesota Natives"collection will use four different grass designs created from
grasses native to your region.The designs of the sculptures are inspired by the
Native grasses from the surrounding area of Eden Prairie. While the designs are
based on the plants,they are not meant to be a rendering or illustration,but rather a
sculptural interpretation that uses the plant as a starting point,a kind of homage to
the foliage of the area.
Each design will create a grouping of three grasses,each grouping will use the same
designs in a variety of heights,branches and leaves. The groupings will be installed
on four individual pads down the length of Preserve boulevard.In total then there
are twelve individual sculptures on four different pads. Each pad will have three
different sized grasses to add dimension and implied movement to the groupings.
The heights of the groupings can also be adjusted to accommodate the road planes
and topography.Installing each grass in a variety of angles per pad they are visually
exciting from quite a distance and unlimited angles.The colors,size and scale will
create a big artistic impact with a total of 12 individual sculptures between 14-25
feet tall welcoming all to the Preserve Boulevard.
Options:
I have included six different possible designs to choose from and the models of the
leaves and Plexiglas for your review.I will work with the committee to use,refine or if
necessary create new designs to ensure a successful project.The colors per design
and leaves are open to the choice of the committee.As the artist I chose the colors
as shown so they do not compete with the surroundings but enhance the sites with
amazing color splashes.
_,i t DE S N N := U .
Materials:
Stainless steel and mild steel are the chosen materials for"Minnesota Natives"both
for their timeless artistic quality and proven record in public sculpture.
Fabricated out of:
• The leaves are cut from 14,12& 16 Gauge Stainless and mild
steel steel.
• The stems are created with a combination of schedule 40 and
schedule 80 pipe or 12& 14-gauge mild steel.
• All the centers of the leaves are laser cut from 25+year
Plexiglas. Due to the extremes of weather we use Plexiglas
instead of glass.
Sustainabillity! recycling:
With our commitment to sustainability,we will use a minimum of 10%and up to
30%recycled stainless and mild steel to complete the fabrication of the sculpture.
Although this will not be noticeable with the finished product,it is a way for
CJRDesign to be environmentally conscience and a good talking point among the
stakeholders of the project.
Construction:
The colorful leaves on the Natives are all laser cut from stainless steel and
use 25 years plus U.V. stable Plexiglas. The Plexiglas is sandwiched
between two leaf forms and welded to the stems with stainless steel
welding wire to assure a long term maintenance free work of art.
• Half of the grass sterns will be formed in a triangular form
using 14& 12-gauge mild steel. With steps in the length to
mimic real grasses.
• The other half of the grasses are created with a combination
of schedule 40 and schedule 80 pipe cut in shorter lengths
and welded together again to mimic real grasses
• All branches will use schedule 40 pipe.
• All fabrication done in CJRDesign Hood River Oregon studio.
Finish:
• Each leaf will be textured to follow the lines of the forms. Thus creating
various textures and implied movement in the forms. The models show
some of the different textures available.
• All stems and blades will be flash rusted before install(just like the
models) and then left to naturally patina overtime. We flash rust them
so they look finished for the viewers when they are first installed.
Installation:
• The mounting will be done with plates that will be embedded or added to
the concrete as the pedestal is poured.At install time we will weld the sculp
tures directly to the imbeds on site. This allows us to adjust the angles of the
sculptures organically on site to achieve the best possible viewing outcome.
• The needs of the foundations are all done in the engineering packages
along with the grasses all done according to the wind loads and
specifications per site and state. We can provide this information to the
concrete company when all is ready.
Approximate Size Weight:
• The pieces of the sculpture will range from approximately 14"-25'feet tall
and the thickness of the forms ranging from 2- 10 feet.
• Approximate weight 2,800 lbs.total per grouping.
Maintenance:
Reading your request of permanent and low to no maintenance,"Minnesota
Natives" is the perfect fit and one of very few options for a custom designed main-
tenance free artwork! The stems and branches are fabricated out of mild steel
(3/8"inch or thicker)and then set to a natural patina finish, The natural finish is
the easiest and most maintenance free finish there is. If it is tagged,scratched or
written on,you scrub it off and let it rust again. Paint,powder coat, bronze or even
clear coats all have long term maintenance needs and if tagged,scratched or van-
dalized they need to be de-installed,stripped,redone and restored at consider-
able costs. There are no kinetic elements,internal lights or electronics incorporat-
ed in these works which are always maintenance considerations.I recommend
using up-lighting as a way to light the work because it is the easiest method to
maintain and interacts extremely well with stainless and colored leaves! The color-
ful leaves on the Natives are all laser cut from stainless steel and use 25 years plus
U.V.stable Plexiglas, The Plexiglas is sandwiched between two leaf forms and
welded to the sterns with stainless steel welding wire to assure a long term main-
tenance free work of art. The only maintenance for"Minnesota Natives"may be
the need to wash off the dust over time,this can be done by simply spraying it off
or let mother nature dean it off with rain.
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These are other projects I have installed that use similar colorful stainless steel leaves.
wanted to show how sculptures like"Minnesota Natives"will have a fantastic presence
both day and night!
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Three grasses with two stems each ranging iri size horn 13 to
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the stems of each grouping. Leaves are all stainless steel
and mild steel,
CJR DES .TUDIO
Subcontractor/Supplier? Professional Services List:
• Engineering-All Structures Engineering,laggard OR.
• Laser Cutting -B&B Steel Canby,OR.
• Misc.Materials-Alaskan Copper/American Steel
• Crane/Hoist rental-TBD(local preferred)
• On-site welding of a Minnesota Certified welder for installation-TBD
Contingency:
Using my twenty-five plus years of design and fabricating experience,I have creat-
ed these models and defined the scale of the grasses for your consideration
assuming it is all possible with in the expressed budget. However, upon the final
engineering and knowledge of unknown or additional cost items such as founda-
tions,permits,extra engineering etc. I will work with the committee to adjust the
artwork as little as possible to accommodate any additional cost and still have a
successful project for both sides. An example of this,after our initial conversation
assume that the foundations can be poured during the boulevard construction
and paid for through other sources,so I added that money back into the budget
for bigger scale of the art and more Forms. If the cost of the foundations has to
come out of the art budget,then I need to adjust a few things in the design and or
scale process to absorb the costs.
Thank you for allowing me to be part of this process,I hope you enjoy the"Minne-
sota Natives"as much as I enjoyed designing them (from your input) specifically to
enhance both your town and the Preserve boulevard.
My Best
Possible Timeline:
Late Nov.2018 Contract Signed-''First invoice(50% budget)
First payment received Final Design& Engineering,
**Materials ordered and purchased.
December 2018 Receive materials/Begin Fabrication.
Late Feb.2019
Early March Mid fabrication photos sent*receive second payment
(30% budget)
April 2019 Site Prep/work with the stake holders to get the
embeds fabricated and installed.
May 2019 Delivery&&Installation
Final Invoice(20%budget)
Final payment received and Dedication.
*Timeline is contingent on signing of contract&first payment. If either of
these events is delayed,our schedule will delay accordingly.
**Materials and Engineering will be ordered and purchased only after first
payment is received.
_i F' LI E Cam_! a j S R ILI E.)1 0
meci izing in
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industliakertgli eee anf `�•-`' for projec designer
IlL Ali
in.the sotatfintno«%l,.:ustry, he wa awarded
multiple pat .F .... innovative co epts and
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r i•.� . .;, �: ' . 'mein l}0.1 and ha since
" ``':e-sale public works
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M epoxy andfrom
ess steel or aluminum for
- meless quality. Incorporating
Cr -_,_1 -' ; d other design elements is a
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rewarding part of his work.
wants his sculptures to invite,
ia. _. nett people, regardless of age.
111111)) . ar .ns from public, private and
f 'qp ' .4.:- tons throughout the globe. All
" ated at his studio in Hood River,
Ifik- r .; io_._:::'-..; • - lives with his wife and
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. EDEN
Call for
Re uest for Quallfiwti0ns (RFC)) ill
LiU . a.„LAM
Create Public Art far Preserve Boulevard Improvement Project
.: DEN PRAIRIE h
ROAD PROJECT CITY CE.._ ,
The City of Eden Prairie is excited to invite 6 di• '- -mow-
artists to submit applications to be considered •
for a public art project in coordination with a :.,
•
major boulevard reconstruction in 2019. The ;�, _ •;,, . -+►r
construction for Preserve Boulevard will improve
traffic flow and help control water levels to
minimize the impact of large rain events on 1.`
adjacent properties. Learn more at ELadi --
•
edenprairie.org/InfrastructureProjects.
my HISTORY
PUBLICART Eden Prairie is located in close proximity to the Minneapolis --
We are seeking innovative public artists St. Paul metro area providing a perfect balance of small-town
with fabrication experience to submit their feel and big city amenities. •
qualifications. There will be multiple locations The City received its name in the mid-1800s when it was
within and near the boulevard For site-specific considered a garden spot in the newly developed Minnesota
work, such as medians and open areas at each territory. Established in 1858, Eden Prairie remained a sleepy
end of the street. Works located within medians pastoral village until the mid-1900s when the additions of
should be designed to offer visual impact and Flying Cloud Airport and Highway 494 put the City on the
serve as calming areas for traffic. All finished map, bringing thousands of homes and businesses to the
artwork should have a consistent design theme area, Since then, the population of Eden Prairie has grown
and be constructed to withstand Minnesota to more than 63,000 and the number of businesses has multiplied
weather extremes, requiring minimal maintenance to more than 2,800. Without its progressive community model
by the City. and growing infrastructure, the City would not be consistently
recognized as one of MONEY magazine's "Best Places to Live."
TIMELINE
+ fill
Aug. 26 First-round application submission deadline
Sept, 3 First-round application decisions;
' �•'" second round finalists notified
f • 5••
.( i`�c-"S Oct. 14 Second-round application project proposal deadline
ill)
1 '111,11-, I'll Oct. 22 Second-round application decision; finalist notified
r ,4 F 1,` a t d, "• Nov. 5 Finalist begins planning and implementation with City
0).
All .N l
. 1 f V ,'7-iseel.'1
. i , I
f' REQUIRED SUBMISSION MATERIALS
1 .Credentials: A résumé or curriculum vitae (CV) demonstrating
'"" %NY
fprofessional history and skills, or experience as a professional artist
(two-page maximum). Members in artist teams must submit individual
• resumes (two-page maximum each).
•
2 . Statement of Interest: brief introductory narrative that also provides
insight about interest in the project and ability to execute
(one-page maximum).
A budget of $130,000 must cover all costs, 3 . Images: Up to 10 digital images and/or three digital video files
including but not limited to artist fees, design, (two-minute limit per video) of work completed within the past 10
engineering testing fabrication, permitting, years (digital images must be sized at 72ppi resolution at
installation, travel, public meeting presentations 1024pixels on longest edge, saved as standard .jpg file format;
and administration. video files must be sized at 1024x768pixels and saved as a .may
or .wmv file).
SELECTION PROCESS 4 .Annotation of Work: Title, date, budget, client (if applicable), media
A selection committee reviews first-round and dimensions.
applicants and chooses several artists to move 5 . References: Three professional references who can speak to artist's
on as second-round finalists based on: ability to meet deadlines, work with a community and create
• Experience working with large projects innovative work as part of a design team, include name, title,
and/or city development organization, phone number and email. If applying as a team,
• Ability to complete the project please provide three references per applicant.
(references/work samples)
Email application materials to:
• Artistic quality
ArtSubmissions@edenprairie.org
Second round finalists are commissioned to
create a detailed project proposal specific to Subject Line: Preserve Boulevard RFQ
the site location, dimensions and function. The If digital attachments are too large to send via email,
selection committee reviews proposals and please send link through a file transfer program such
selects a finalist to coordinate with the City and as WeTransfer to email address listed above.
execute the project in 2019,
For more information, contact
Jes Schrum, recreation supervisor—art and events,
at 952-949-8304 or JSchrom@edenprairie.org.
''f : t i,71.1
EDEN
PRAiRIE
MIN NES OTA
Preserve Blvd **Emails sent to all applicants on 8/30/18**
Round 1 Review
ROUND 2 APPLICATION EMAIL-ACCEPTED
SUBJECT
Preserve Blvd Public Art Round 1 Decisions
EMAIL
Thank you again for your interest in Eden Prairie's Preserve Blvd reconstruction and public art project for
2018-19.The city received over 70 proposals and there were many qualified artists to consider for
advancement to the second round. We are happy to inform you that the review committee has decided
to invite you to submit a detailed project proposal for Round 2;due October 14, 2018. Congratulations!
You will be paid a stipend of$500 for your time planning the proposal and will be paid once your
proposal is received in full with all requirements(checks dispersed within 2-3 weeks of proposal receipt).
Once proposals from all invited artists are received, the committee will review the work and choose one
artist to move on and work with the city to implement their proposal.The committee plans to have their
decision by October 22, 2018 and artists will be notified via email.The final chosen artist is expected to
start working with the city by November 5, 2018-details will be worked out based on the artist and city
engineer schedules.
The committee is working with city engineers to supply detailed information regarding the construction,
including schematics, restrictions, timeline, etc.At this time,we will also send you the appropriate
paperwork to receive the stipend. We hope to get you this information next week, after the holiday. In
the meantime, we ask that you consider the following in preparing for your proposal:
• Proposed public art work(s)should be to scale and include location, material, size, install needs,
and have visuals for the committee to view through sketches, digital renderings,and/or 3D
models.
• Short narrative of concept for public art work(s).
• Public art work(s) should take into consideration the road planes and topography of the area-
for example, the road has an incline moving from low density residential to medium density
residential to high density commercial.The committee would like to see proposals that work
with this information and create pieces that reflect/enhance this transformation. The
schematics provided next week can help to visualize this incline, and engineers will be available
for discussions as needed.
• This land area is part of a preservation association and therefore nature is an important aspect
for the surrounding landscape.While we are not requesting literal representations of this, it is
important to take this into consideration while planning a proposal. If you are not from the area,
we also encourage you to research the natural flora and fauna of Minnesota for reference.
• Final public art work(s) must be permanent and low to no maintenance as they will be minimally
maintained by park staff who will not have advanced knowledge of specific materials. It is
Important to understand the extremes of MN weather and how it may impact your art work(s).
Preserve Blvd **Emails sent to all applicants on 8/30/18**
Round 1 Review
• Due to the nature of the location within a roadway, public art work(s)cannot have extensive
lighting or intense color applications that would distract drivers. Accent lights that have a
singular color or colors that change slowly and/or muted application colors are preferable.
We are excited to move onto this next round for review, and please feel free to contact us if you have
any questions as you prepare your proposal. While we are asking for detailed project proposals, we are
also aware that as the chosen artist proceeds through the process, things may change and need to adapt
based on budget,accessibility, and unforeseen circumstances.
Regards,
City of Eden Prairie
Preserve Blvd Public Art Project Committee
Preserve Bvld
Round 2 Emails(Accept/Decline)
FINAL SELECTED ARTIST EMAIL-ACCEPTED
SUBJECT
Preserve Bvld Public Art Round 2 Decisions
EMAIL
The selection committee would like to thank you again for your interest in this project and your hard
work in submitting the second round proposal requirements. It is truly an honor to be able to have such
talented artists to review for Eden Prairie.The committee carefully deliberated and chose the final artist
and proposal that would fit best with the City's overall project and goals.
We are happy to announce that the committee chose your proposal for the Preserve Bvld Public Art
Project, Based on your references and experience,we are confident that a unique and impactful project
will be implemented for our citizens to enjoy.
Carter Schulze is the City's engineering contact staff, and he is cr d here, Please follow up with him to
begin a discussion around a timeline and details for the execution of the project. As the representative
for the arts in the City, I will be involved as needed and help to generate a proper contract within the
next week for review and signature. If you have any questions, do not hesitate to connect,
I look forward to working with you on this project, and am excited for Eden Prairie to have more public
art in its future!
Regards,
City of Eden Prairie
Preserve Bvld Public Art Project Committee