HomeMy WebLinkAboutCity Council - 05/07/2019 AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,MAY 7, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg,
and PG Narayanan
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. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. 1 MILLION CUPS by Patrick Donohue
B. SENIOR AWARENESS MONTH PROCLAMATION
C. ACCEPT DONATION FROM COMCAST TO EDEN PRAIRIE CRIME
FUND OF $5,000 FOR SAFETY CAMP (Resolution)
D. PEACE OFFICERS MEMORIAL DAY PROCLAMATION
E. HUMAN RIGHTS AWARDS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 16, 2019
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 16, 2019
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
CITY COUNCIL AGENDA
May 7, 2019
Page 2
B. BEVERLY HILL by Great Oaks 2nd'LLC. Second Reading of an Ordinance for
Zoning District Change from Rural to R1-9.5 on 6.86 acres (Ordinance for Zoning
Change)
C. SMITH VILLAGE by United Properties. Second Reading of an Ordinance for
PUD District Review with Waivers and Zoning District Change from PUB and I-
GEN to RM-2.5 on 7.16 acres; Resolution for Site Plan Review on 7.16 acres
(Ordinance for PUD District/Zoning Change; Resolution Preliminary Plat)
D. AWARD CONTRACT TO MIDWEST PLAYSCAPES FOR RESURFACING
OF RUBBER SAFETY SURFACE AT ROUND LAKE PARK SPLASH PAD
AND PLAY AREA
E. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL
TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04
F. APPROVE AGREEMENT WITH HTPO FOR PRELIMINARY DESIGN
SERVICES FOR PIONEER TRAIL RECONSTRUCTION PROJECT
G. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR 2019
WATER QUALITY MONITORING PROGRAM
H. APPROVE AGREEMENT WITH J&N WEED HARVESTING FOR WEED
HARVESTING IN MITCHELL AND RED ROCK LAKES
I. ADOPT RESOLUTION APPROVING PURCHASE OF PROPERTY FROM
STATE OF MINNESOTA FOR CONVEYANCE NO. 2018-0129
J. AWARD CONTRACT TO BITUMINOUS ROADWAYS FOR 2019 MILL
AND OVERLAY PROJECT
K. AWARD CONTRACT TO PEARSON BROTHERS,INC. FOR 2019
SEALCOAT PROJECT
L. AWARD CONTRACT TO FORD OF HIBBING TO PURCHASE NEW 2020
FORD UTILITY INTERCEPTOR HYBRID
M. AWARD CONTRACT TO US DIGITAL DESIGNS FOR G2 FIRE STATION
ALERTING SYSTEM
N. AWARD CONTRACT TO RACOM FOR INSTALLATION OF USDD
PHOENIX G2 ALERTING SYSTEM
IX. PUBLIC HEARINGS/MEETINGS
CITY COUNCIL AGENDA
May 7, 2019
Page 3
A. INTERNATIONAL SCHOOL OF MN LLC by International School of MN
LLC. Resolution for PUD Concept Review on Approximately 55 acres; First
Reading of an Ordinance for PUD District Review with Waivers on approximately
55 acres (Ordinance District Change; Resolution PUD Concept)
B. VACATION OF DRAINAGE, UTILITY,AND SANITARY SEWER
EASEMENTS FOR SMITH VILLAGE (Resolution)
X. PAYMENT OF CLAIMS
M. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Appointments to the Housing Task Force
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Contract for Ground Storage Water Reservoir and Pump Station
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
PROCLAMATION ITEM IV. B.
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the increasing number of seniors in Eden Prairie bring many
opportunities and challenges for all components of our City - families, businesses,
and government; and
WHEREAS, every segment of our society is influenced by the needs, resources and
expertise of our senior; and awareness improves participation and action; and
WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal
education, sharing years of accumulated experience and wisdom which will impact
our future; and
WHEREAS, the community wishes to celebrate and acknowledge the contributions
and accomplishments of the seniors in our community and recognize the
organizations that serve older adults; and
WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of
our community.
NOW, THEREFORE, the Eden Prairie City Council does herby proclaim May 2019
as:
SENIOR AWARENESS MONTH
ADOPTED by the Eden Prairie City Council on this 7th day of May 2019.
Ronald A. Case, Mayor
on behalf of Council Members:
Brad Aho
Kathy Nelson
Mark Freiberg
PG Narayanan
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Jay Lotthammer, Director, Donation for Safety Camp IV. C.
Parks and Recreation
Requested Action
Move to: Adopt Resolution accepting the donation of$5,000 from the Eden Prairie Crime
Fund that was donated from Comcast to go towards Safety Camp.
Synopsis
A donation from Comcast was made to the Eden Prairie Crime Fund, who have donated the
$5,000 to the City.
Background
The City of Eden Prairie through the collaborative efforts of the Parks and Recreation
Department, Police and Fire Departments has been providing safety education in a recreational
camp setting for the past 30 years. Safety topics include fire, water, bike,pedestrian, poison,
bully awareness and more. A graduation ceremony is held on the final night where 180 campers
received a participation certificate and medal. The Safety Camp video will be broadcasted on the
EPTV 16 for residents of Eden Prairie; it can also be viewed at www.youtube.com under epgov.
The City of Eden Prairie collaborates and partners with various local agencies to ensure the
ongoing success of the Eden Prairie Safety Camp, including Climb Theater, Hennepin County
Medical Center, Xcel Energy and Minnesota Fire Marshall.
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$5,000 to be used towards Safety Camp from the Eden
Prairie Crime Fund is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of May, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
PROCLAMATION ITEM NO.: IV. D.
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, In 1962, President John F. Kennedy proclaimed May 15th as National Peace
Officers Memorial Day and the calendar week in which May 15 falls, as National Police
Week; and
WHEREAS, the police officers of the of the Eden Prairie Police Department have played a
critical role in safeguarding the rights and freedoms of the citizens of our community since
January 1st, 1973; and
WHEREAS, there are approximately 900,000 law enforcement officers serving in
communities across the United States, including 68 sworn members of the Eden Prairie
Police Department who are deeply committed to selflessly protecting the residents of Eden
Prairie, regardless of danger or hazard to themselves; and
WHEREAS, since the first recorded death in 1791, nearly 22,000 law enforcement officers in
the United States have made the ultimate sacrifice and been killed in the line of duty; and
WHEREAS, the service and sacrifice of those 280 Minnesota law enforcement officers killed
in the line of duty will be recognized and honored at the Law Enforcement Memorial
Association's candlelight vigil at the Minnesota State Capitol grounds on May 15, 2019; and
WHEREAS, May 15, 2019 is designated as Peace Officers Memorial Day, in honor of all
fallen officers and their families.
NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota and on
behalf of the Eden Prairie City Council, hereby proclaim the week of May 12-18, 2019 as
National Police Officer Memorial Week 2019 in the City of Eden Prairie and publicly salute
the service of law enforcement officers in our community and in communities across the
country.
ADOPTED by the Eden Prairie City Council on May 7, 2019.
Ronald A. Case, Mayor
City of Eden Prairie
CITY COUNCIL AGENDA DATE:
SECTION: Presentations May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Janet Jeremiah, Community
Development Director. Jonathan Human Rights Awards IV. E.
Stanley, Housing & Community
Services Manager
Synopsis
Several Human Rights & Diversity Commissioners will present the three Human Rights Awards.
The Eden Prairie Manifesto continues the development of a multicultural community which will
not tolerate acts of harassment and intolerance and establishes, communicates and encourages
community standards that respect diversity and promote acceptance and respect for individuals in
an atmosphere of caring for others.
Individual Award: Christine Erickson
Presenting the Award: Commission Chair Greg Leeper
Christine upholds the values of the Eden Prairie Manifesto by working to raise awareness about
human trafficking and supporting survivors of trafficking. Christine has been the driving force
behind the Stop the Trafficking 5k walk/run at Purgatory Creek. Stop the Trafficking is a
collaborative, community-wide event to raise awareness about human trafficking. All proceeds
from the race are designated to organizations working to help sexually exploited youth and
women. Stop the Trafficking 5k has raised over$100,000 since it began in 2014. We are grateful
for Christine's tireless work to raise awareness in our community.
Youth Award: Miske Ali
Presenting the Award: Student Commissioner Nahkita Dhar
Miske upholds the values of the Eden Prairie Manifesto by advocating for Muslim students at
Eden Prairie High School. As the president of the Muslim Student Association, she goes above
and beyond to advocate for fellow students. She has organized events that aim to bridge the gap
between various faiths and improve inter faith relationships. She centers the Muslim Student
Association meetings on themes of inclusivity and tolerance. She also acts as a liaison between
Muslim students and school administrators to address concerns brought forward by her peers.
Miske is a shining example of the power of student leadership and we are honored to have her
here tonight.
Non-Profit Award: Onward Eden Prairie
Presenting the Award: Student Commissioner Meghana Chimata
Onward Eden Prairie upholds the values of the Eden Prairie Manifesto by ensuring that young
people have a place to call home. Their dream is to ensure that all young adults in our
community will have a safe place to sleep so they can dream and prepare for a successful future.
Their impact is best expressed by their own residents. In the words of one resident: "Living in
the Onward EP house allows me to... sleep peacefully and make home my own. " Onward also
recognizes that supporting young adults goes beyond giving them a place to sleep. They partner
with Oasis for Youth to offer access to an on-site case manager that works with residents to work
on life goals and ongoing stability. By lifting up young people in our community, Onward Eden
Prairie works every day to create a community where everyone is given the opportunity to thrive.
Human Rights and Diversity Commission members are:
• Greg Leeper, Chair
• Shahram Missaghi, Vice Chair
• Leslie Philmon
• Katherine Lucht
• Rehmatbai Sumra
• Asad Aliweyd
• Philip Skeie
• Tyler Aman
• Sana Elassar
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,APRIL 16, 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, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and
Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric
Rosow, and Recorder Katie O'Connor
Workshop-Heritage Rooms I and II(5:30)
I. HOUSING
Mayor Case introduced the subject and requested a portion of time be left at the end to
discuss plans for a Housing Task Force. Finance Manager Sue Kotchevar presented an
overview of housing resources, finances and capital planning. Housing resources include
Tax Increment Financing (TIF), Community Development Block Grant(CDBD), conduit
debt, tax levy, Housing Improvement Areas (HIA), and Housing and Redevelopment
Authority(HRA).
Mayor Case inquired if there is a limit for conduit debt issued. Kotchevar replied no.
There is a limit to the amount of tax levy for the HRA. Case inquired if there is a limit to
the number of TIF districts. Rosow stated no, but the amount distributed depends on the
size of the project and the tax increment. City Manager Getschow added HIAs are newer
and can be assessed back to properties at a later time. Kotchevar added HIA is typically
seen with townhomes.
Council Member Freiberg inquired if the City would approaches an association about
utilizing HIA resources. Getschow responded the City may do so. Freiberg inquired if the
projects are monitored for completion. Getschow replied the City has the authority to do
so. Kotchevar added Neill Lake Townhomes have been in conversations about an HIA.
Kotchevar stated the goals of the City and the HRA are the same. The HRA authorizes
TIF districts and can purchase certain properties. The City has about 3.2 million dollars
for TIF pooled funds and about 1.5 million dollars for future TIF Pooled housing.
Typically 80 percent of TIF pooled housing development revenue goes back to the
developer to offer affordable housing in return. The City keeps the remaining 20 percent
for administration and housing initiatives throughout the City. There is $889,250 in loans
receivable. $500,000 is for the Elevate project and the remaining balance is for the first
time home buyer program and the rehab program. About 3.7 million dollars have been set
aside for TIF housing in the Capital Improvement Plan (CIP).
City Council Workshop Minutes
April 16, 2019
Page 2
Council Member Nelson inquired if there is further information about the NextDoor post
stating income limits for the housing rehab program are much lower in the City than
neighboring cities. Kotchevar responded utilizing TIF funds has lowered the income
requirements. Getschow added there are different standards for income requirements for
different housing resources.
Kotchevar stated TIF payments in 2018 totaled 1.3 million dollars. The history of TIF
payments total 21.7 million dollars. CDBG funds totaled $505,000 in 2018 and were
awarded to various organizations and services for housing. There are revolving funds in
the Housing Rehab program and First Time Homebuyer program. These programs offer
loans to residents that are either paid back when the home is sold, forgiven after a period
of time, or due after a period of time. Council Member Aho noted the CDBG funds are
federal dollars passed to the City to fund organizations and services. Kotchevar added
these are zero interest loans.
Kotchevar stated the conduit debt outstanding are funds issued through the City utilizing
the City's financing for a better interest rate. Aho noted this debt does not count against
the City. Nelson inquired about Broadmoor when it no longer exists. Aho stated
Presbyterian Homes owns Broadmoor Apartments and CastleRidge. They will continue
to own the project. Kotchevar said they may decide to refinance at the time of
redeveloping.
Kotchevar stated the HRA has remained at a balance of$200,000. Due to staffing, this
may be increased for the next budget cycle to $210,000. The City has a strong pay-as-
you-go program for the CIP and often pays cash instead of capital. One-time revenues are
used for one-time expenses. Case added these practices have been important for
maintaining the levy. Aho noted the City continues to plan for future maintenance so
there are few surprise expenses.
Kotchevar stated the general fund totals 35 million dollars and the CIP totals 281 million
dollars. About 80 percent of the CIP is allocated to transportation and utilities. The CIP is
used for anything that does not have a fund. In the future, the City foresees having to
issue more debt to update fire equipment, trucks, and a future police remodel.
Nelson inquired about increasing HRA funds. Kotchevar stated staff is formulating a
proposal. Aho added he is not in favor of raising the HRA fund total just to raise it. If
there is a need, it should be raised to meet those needs. Getschow added there is nothing
the HRA used to do that it no longer does. There are resources through TIF and CIP
funds that do not require raising the levy. Case stated other cities have been considering
housing initiatives and programs for keeping seniors in their homes by subsidizing their
house payments. The HRA could be a tool for this type of project. If this project could be
funded through other means, it may not be necessary to increase HRA funds.
Nelson stated the City should address housing prices for young families, specifically
children who grew up in Eden Prairie and would like to stay close to family. Aho added
there is a fair amount of naturally occurring affordable housing in the City as well.
City Council Workshop Minutes
April 16, 2019
Page 3
Kotchevar reviewed the Capital Improvement/Maintenance Fund(CIMF) revenue
sources. Council Member Narayanan inquired about the antenna revenue. Kotchevar
stated these are cellular towers on buildings that lease the space for up to 15 years.
Getschow stated the City earns revenue from leasing space in the building. Even if space
is vacant, the City is debt free on the building. Kotchevar stated the 2019-2028 CIMF
project summary totals 27.4 million dollars. Revenue source projections are stable over
time. The City has close to a two year reserve. Getschow added the CIP plans for one-
time expenses without having to issue debt.
Case stated, in regards to the Housing Task Force, he can foresee a 6-9 month project
including reviewing and gathering data, studying other cities' housing programs and
procedures, and providing options to the Council of what could be done moving forward.
Staff would need to create specific tasks and objectives for the Task Force. Case would
like Joan Howe-Pullis to chair the Housing Task Force. The Task Force members could
potentially be appointed in May and the Task Force could begin in June.
Nelson stated she would like to see age variation on the Task Force with seniors, middle
age residents, and young families. Freiberg added there should be representation from
industry professionals.
Aho stated building a home costs more in Minnesota versus Wisconsin due to
government regulations. Regulations should be reviewed to see how this may be affecting
affordability. Getschow added building code regulations are statewide.
Getschow inquired if there will be a call made to the community for interest. Aho stated
there are residents who could be considered that applied to the Human Rights and
Diversity Commission but did not get appointed. Case stated seven to nine members
would be ideal, and the Council would determine who is appointed. An application could
be made available to residents for up to 3 weeks.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. SCOT ADAMS—EDEN PRAIRIE CITIZENS' CLIMATE LOBBY
Scot Adams, 7169 Arbor Glen Drive, thanks the Mayor for the future statements
he will be making tonight regarding climate change. There has been a lot of work
done by the City and a call to action at a federal level.
Zach Spears, 9727 Marshall Rd,part of Tree Huggers and iMatter, thanks the
Council for the goals they have set.
Nile Timmerman, 8899 Bradford Place, is encouraged by the Council's action and
the consideration given to resident's input.
City Council Workshop Minutes
April 16, 2019
Page 4
Rod Fischer, 16820 South Shore Lane, suggests continuing to consider
alternatives such as a carbon fee, and the money would be returned to households
in the form of a dividend. He thanks the Council for their work.
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,APRIL 16, 2019 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark
Freiberg, P G Narayanan, and Kathy Nelson
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
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. EDEN PRAIRIE CHAMBER OF COMMERCE 50TH ANNIVERSARY
PROCLAMATION
Mayor Case read a proclamation congratulating the Eden Prairie Chamber of
Commerce on the celebration of its 50th anniversary in 2019. He reviewed the
importance of the year of 1969 for the City of Eden Prairie, the year the Chamber was
founded. He presented the proclamation to Pat Mulqueeny, President of the Chamber.
Mr. Mulqueeny thanked the Council for the proclamation and for their partnership
with Eden Prairie businesses. He has served as President of the Eden Prairie Chamber
of Commerce for the last 16 years. He noted it is amazing the number of business
people who later served as City Council Members and the connection the City,
schools and businesses have shared over the decades. He has appreciated the great
things in the community and noted Eden Prairie has been recognized as the best place
to live in the U.S.
Aho asked when the celebration will take place. Mr. Mulqueeny replied it will take
place this Thursday, April 18, 5:00 to 8:30 p.m., at Bearpath. They will show
highlights from the past 50 years, and will recognize the Business Person of the Year.
CITY COUNCIL MINUTES
April 16, 2019
Page 2
B. TELECOMMUNICATORS WEEK PROCLAMATION
Mayor Case read a proclamation declaring April 14-20, 2019, as National Public Safety
Telecommunicators Week in the City of Eden Prairie in honor and recognition of our
telecommunicators, the IT staff, and Fire Department staff and the vital contributions
they all make to the safety and well-being of our residents.
Police Chief Weber provided background on the work of the 911 dispatchers
(telecommunicators), and the vital role they play in emergencies that require police, fire
or emergency services. Eden Prairie is fortunate to have a great team of very talented
dispatchers and an IT staff on whom the dispatchers rely.
C. ARBOR DAY PROCLAMATION
Mayor Case read a proclamation proclaiming April 26th, 2019, as Arbor Day in the
City of Eden Prairie, and urging all citizens to support efforts to protect our trees and
woodlands and to support our City's urban forestry program.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Aho added Item XIV.A.1. Case added Item XIV.A.2.
MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion
carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 2, 2019
B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 2, 2019
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the
City Council workshop held Tuesday, April 2, 2019, and the minutes of the City
Council meetings held Tuesday, April 2, 2019, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE FIRST AND SECOND READING OF ORDINANCE NO. 10-2019
AMENDING CITY CODE CHAPTER 9 RELATING TO BURGLAR,
ROBBERY AND SAFETY ALARMS AND ADOPT RESOLUTION NO. 2019-49
APPROVING SUMMARY ORDINANCE
CITY COUNCIL MINUTES
April 16, 2019
Page 3
C. ADOPT RESOLUTION NO. 2019-50 APPROVING LOCAL FAIR HOUSING
POLICY
D. AWARD CONTRACT TO CENTRAL ROOFING COMPANY FOR UTILITIES
GARAGE ROOF REPLACEMENT
E. APPROVE 2018 UNBUDGETED FUND TRANSFERS
F. APPROVE AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR
PAVEMENT EVALUATION SERVICES
G. ADOPT RESOLUTION No. 2019-51 APPROVING WORK ORDER WO1 WITH
MNDOT
H. APPROVE AGREEMENT WITH SRF FOR WEST 621D STREET
IMPROVEMENTS
I. APPROVE AGREEMENT WITH SRF FOR WEST 70TH STREET
IMPROVEMENTS
J. AWARD CONTRACT TO WARNING LITES FOR 2019 STREET STRIPING
K. AWARD CONTRACT TO FORD OF HIBBING TO PURCHASE A NEW 2019
FORD F-150 RESPONDER 4X4 PICKUP
L. APPROVE AMENDMENT TO AGREEMENT WITH BSI FOR HIDDEN
PONDS WATER TOWER RECONDITIONING
M. APPROVE CONTRACT WITH R&H PAINTING FOR MANHOLE REPAIRS
AND LINING
N. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION INSPECTION
SERVICES FOR STARING LAKE BUILDING PROJECT
O. APPROVE CONTRACT WITH ODESSA II FOR PAVERS INSTALLATION
AT COMMUNITY CENTER
P. APPROVE CONTRACT WITH GREEN ACRES FOR STARING LAKE PARK
IRRIGATION PROJECT
Q. DECLARE PROPERTY AS ABANDONED
R. AWARD CONTRACT TO DAVIS MOTORSPORTS FOR PURCHASE OF
NEW 2019 POLARIS RANGER XP-1000 UTILITY VEHICLE
CITY COUNCIL MINUTES
April 16, 2019
Page 4
Case asked that Item H be considered separately so he could recuse himself from
voting because the item has implications for his employer, United Health Group.
MOTION: Nelson moved, seconded by Aho, to approve Items A-G, and I-R on the
Consent Calendar. Motion carried 5-0.
MOTION: Aho moved, seconded by Narayanan, to approve Item H on the Consent
Calendar. Motion carried 4-0-1,with Case abstaining.
IX. PUBLIC HEARINGS/MEETINGS
A. APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT'S MINNESOTA INVESTMENT FUND FOR SHADIN
AVIONICS,INC. (Resolution No. 2019-52)
Getschow said Shadin Avionics manufactures electronics for planes and helicopters and
is pursuing a Minnesota Investment Fund loan from the Department of Employment
and Economic Development(DEED to help pay for equipment for a new office space
located at 7555 Marketplace Drive in Eden Prairie. The program requires the City to
apply for the loan on behalf of the business, to act as a conduit between DEED and the
loan recipient, and to hold a public hearing as part of the application process.
Dan Nelson, CEO of Shadin Avionics, said his company has been located in St. Louis
Park but will move to Eden Prairie. Shadin Avionics is a technology company that
manufactures products to help modernize older aircraft. They found a facility in Eden
Prairie and are in the second phase of the project. They want to bring the facility to be a
world-class technology center for avionics manufacturing. They plan to use the loan to
purchase work stations, computer equipment and manufacturing equipment for the
business in order to attract new customers and new engineering and technical
personnel.
Getschow said the City must authorize the application for the DEED loan, and there are
agreements that will come forward at a later date for Council action. The City is not the
lender and is not liable directly for the loan. This is the public hearing required for the
resolution by which the City Council will authorize the loan application.
Aho asked how many employees they have now and if they expect to increase that
number. Mr. Nelson replied they have 30 employees now and expect to grow quite a bit
in the next five years, with most of the added positions degreed engineering and
technical personnel. Aho asked if they are mostly a manufacturing firm. Mr. Nelson
replied most of their manufacturing is done in the facility.
Narayanan commented it is great to see more electronics-based businesses coming into
Eden Prairie.
There were no comments from the audience.
CITY COUNCIL MINUTES
April 16, 2019
Page 5
MOTION: Aho moved, seconded by Narayanan, to close the public hearing, and to
adopt Resolution 2019-52 authorizing application to the Department of Employment
and Economic Development (DEED) for a$300,000 loan to Shadin Avionics through
DEED's Minnesota Investment Fund(MIF). Motion carried 5-0.
B. VACATION OF THOMFORDE TRAIL (Resolution No. 2019-53)
Getschow said there is a small stub of street, Thomforde Trail, that is being vacated as
part of the proposed Stable Path development. One of the homes there now takes
driveway access from Thomforde Trail. With the approval of the vacation, the
developer of Stable Path is required to perform various public infrastructure procedures
to reconstruct the driveway so the home will have access via the street. The drainage
and utility easements are not necessary.
There were no comments from the audience.
MOTION: Aho moved, seconded by Freiberg, to close the public hearing and to
adopt Resolution No. 2019-53 vacating Thomforde Trail right-of-way. Motion
carried 5-0.
X. PAYMENT OF CLAIMS
Freiberg asked for clarification of the Division 701 item paid from the Water Enterprise Fund
in the amount of$143,066. Ellis replied he did not have the specifics on that payment but will
research it. He noted it is part of the Water Enterprise Fund which is a separate fund and is
revenue generated from water sales or funds paid in through development. Getschow noted this
item is a summary of all claims to the Water Enterprise Fund for the month.
MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims as
submitted. Motion was approved on a roll call vote,with Aho, Freiberg, Narayanan,
Nelson, and Case voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS,AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Joint Airport Zoning Board (JAZB) Report— Council Member Aho
Aho said the JAZB has spent over ten years working to codify the zoning
around the airport, and he has chaired the Board for the last two years. There are
CITY COUNCIL MINUTES
April 16, 2019
Page 6
areas around the airport that are MAC-owned, and some are individual
residential. There are many different regulations for airports in terms of safety
zones around the area. The goal is to always protect the public from any aircraft
accident around the airport while balancing that with potential development
around the airport. Composed of members from Eden Prairie and other
surrounding cities, the JAZB worked with many different agencies. MnDOT has
State safety zone guidelines and the FAA has similar rules, as does the MAC.
The Board worked with MnDOT on some of the areas where the rules were
somewhat overly proscriptive. The Board pulled together studies and data to
analyze and show what was being proposed was safe but would also allow some
economic development to occur around the airport. There were many public
hearings throughout the process. The final Flying Cloud Airport ordinance was
approved and adopted at the final meeting of the JAZB on April 10. The
adoption of the ordinance concludes the work of the JAZB, which will cease to
convene. There is more information available about the ordinance on the City or
the MAC websites.
Case asked if MnDOT and MAC were part of the JAZB. Aho replied they were,
and both entities have information posted on their website. He noted City staff
were instrumental in the process. The ordinance has a good balance of safety
versus economic development.
Case noted he appreciated that Council Member Aho has well represented the
City on the JAZB over the years. He commented he personally did not
necessarily support the philosophy of JAZB.
2. Climate Change and Sustainable Eden Prairie—Mayor Case
Case said there was a public forum tonight prior to the Council meeting with
two representatives of the Citizens' Climate League (CCL) and two concerned
students representing the environmental group at the high school, the Tree
Huggers Club. He could not agree more that, among the myriad of issues facing
our world today, climate change is the crisis with the potential to end human
habitation on earth. He was excited the City currently has our Sustainable Eden
Prairie initiative, which is the next step after our completed 20-40-15 initiative
for which we met all our goals. With Sustainable Eden Prairie, environmental
conservation is interwoven with sustainability throughout our energy action
plan. We already have established City goals in reducing energy-related
greenhouse gas. Our Conservation Commission is to be tasked with developing
future mile markers leading up to 2050 and establishing intermediate goals to
reach the final goal. The Council will be able to continue to define and tweak
our plan.
Case said, as Mayor, he will sign on to any petition that urges the U.S. Congress
to enact the Energy Innovation and Carbon Dividend Act of 2019. There is
momentum everywhere to look at the 100% alternative energy concept. It will
CITY COUNCIL MINUTES
April 16, 2019
Page 7
take every community on earth to reach the goals. He asked all residents and
Council Members for continued support of the Conservation Commission to
develop an energy-scaffolded plan of action in 2019 and to bring about energy
action.
Aho thought it is very important for us as a city to do all we can to preserve our
environment and reduce energy use. He thought we have set a great example for
many cities and organizations. We have achieved our goals and have done our
part. He has not heard all the details of the Carbon Dividend Act, but he would
have a problem with legislation to charge people a fee to pull resources from the
earth, collection of the fees by the government, and then having the government
redistribute those funds. He failed to see how that would be efficient or
beneficial. He would not personally be in favor of the legislation until he got a
look at the details. He believed it will cost consumers more for their power.
Nelson commented she has been extremely happy with the way businesses and
residents have been working to cut their own energy uses. A lot of businesses
saved a lot of money, as have our residents. She appreciated the efforts to
become more sustainable and to cut energy use.
Narayanan agreed we have a crisis coming in energy and climate change. He
thought we are underestimating the impact of climate change in the future. This
is one of the plans he thought makes sense. He was in favor of reducing energy
use and believed we have done well as a City to conserve energy.
Case noted he appreciated the comments of the other Council Members, and the
conversation can be continued. He noted it took government subsidies to get
changes in the wind and solar industries. We have seen that if change isn't
incentivized, it doesn't occur. If being charged more for energy helps to save the
earth, that would be very important. He understood there is a myriad of issues to
be addressed, and there are different perspectives. The Conservation
Commission will very soon be tasked to bring back a proposal with options and
costs for the future. He believed the Commission is excited about the task.
Getschow affirmed that is the plan. There was discussion at the last workshop
about this, and it is one of the main items on the Conservation Commission's
agenda for 2019.
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
CITY COUNCIL MINUTES
April 16, 2019
Page 8
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0.
Mayor Case adjourned the meeting at 7:43 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Christy Weigel, Clerk's License Application List VIII. 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
Temporary Liquor
Organization: Church of Pax Christi
Event: Fr. Bill Farewell Party
Date: June 22, 2019
Place: Pax Christi Social Hall
12100 Pioneer Trail
Massage Therapist
Tabitha Nicole Askew
Elements Massage
10165 Hennepin Town Road#103
Jennifer Marie Sicora
Elements Massage
10165 Hennepin Town Road#103
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent 05/07/2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Beverly Hill VIII. B.
Janet Jeremiah/Angie Perera
Requested Action
• Approve the 2nd Reading of the Ordinance for Zoning District Change from Rural to R1-9.5
on 7.1 acres
• Approve the Development Agreement for Beverly Hill
Synopsis
This is the final approval for Beverly Hill. The site is located directly north of the Reeder Ridge
development and west of The Meadows at Riley Creek and has frontage on both Beverly Drive
and Eden Prairie Road. The site is approximately 7.1 acres and consists of two existing single-
family residences and accessory buildings. The current addresses of the two existing homes are
16540 Beverly Drive and 9800 Eden Prairie Road. No Planned Unit Development approval or
waivers from City Code requirements are being requested with this application.
Background
At the lst reading by the City Council on April 2, 2019 the following issues were raised and the
developer and staff have provided follow-up information.
The development proposal has been modified since the first reading by City Council to include
minor adjustments to the grading plan and the location of the proposed sidewalk between Lots 3
and 4, primarily around the pond in the northwest corner of the site. As a result, the proposed
sidewalk has shifted a few more feet into Lot 4 on the final construction plans. The Exhibit B
Plans have been revised to include those modifications. The Developer and the City are
continuing to work on the acquisition of the necessary sidewalk easement north of the site, and
this has been addressed in the Development Agreement.
City Council — 1st reading (proposed sidewalk location)
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The 120-Day Review Period Expires on June 12, 2019.
Attachments
1. Ordinance
2. Summary Ordinance
3. Development Agreement
BEVERLY HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO.11- 2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A 11-2019
(hereinafter"11- 2019").
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural District and shall be included hereafter in the R1-9.5 District, and the
legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl,
Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled"General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99,
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of May 7, 2019, entered into between Great Oaks 2nd LLC,
and the City of Eden Prairie, and which Agreement are hereby made a part hereof
Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
2nd of April, 2019, 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 7th day of May, 2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on May 16, 2019.
EXHIBIT A
Rural Zoning District to R1-9.5 Zoning District
Legal Description Before Final Plat
The South 344.00 feet of the North 360.50 feet of the Northwest Quarter of the Southeast
Quarter of Section 29, Township 116 North Range 22 West of the Fifth Principal Meridian,
Hennepin County, Minnesota.
Together with:
Lot 2, Block 3, CEDAR HILLS WEST, according to the recorded plat thereof Hennepin County,
Minnesota.
Legal Description After Final Plat
Lots 1-17,Block 1, and Outlots A and B,Beverly Hill, Hennepin County, Minnesota
BEVERLY HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 11-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND
PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF
LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance allows rezoning of land located at 9800 Eden
Prairie Road and 16540 Beverly Drive, from the Rural to the R1-9.5 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 Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Rural Zoning District to R1-9.5 Zoning District
Legal Description Before Final Plat
The South 344.00 feet of the North 360.50 feet of the Northwest Quarter of the Southeast
Quarter of Section 29, Township 116 North Range 22 West of the Fifth Principal
Meridian, Hennepin County, Minnesota.
Together with:
Lot 2, Block 3, CEDAR HILLS WEST, according to the recorded plat thereof Hennepin
County, Minnesota.
Legal Description After Final Plat
Lots 1-17,Block 1, and Outlots A and B,Beverly Hill, Hennepin County, Minnesota
DEVELOPMENT AGREEMENT
Beverly Hill
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of ,
2019, by Great Oaks 2nd L.L.C., a Minnesota limited liability company, hereinafter referred to as
"Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Zoning District Change from Rural to R 1-9.5
Zoning District on 7.1 acres, and Preliminary Plat of 7.1 acres into seventeen lots and two outlots
(the "Applications"), legally described on Exhibit A (the"Property");
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Zoning District Change from Rural to R1-9.5 on 7.1 acres, and Resolution No. for
Preliminary Plat on 7.1 acres,Developer agrees to construct, develop and maintain the Property as
follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated April 29, 2019, reviewed and approved by the City Council on
,(hereinafter the"Plans")and identified on Exhibit B,subject to such changes
and modifications as provided herein.
1
Development Agreement-Beverly Hill
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
3. CASH PARK FEES: Developer shall pay cash park fees for 17 lots as required by City
Code in effect as of the date of the issuance of the building permits for construction of the
Property.
4. CONVEYANCE OF OUTLOTS A&B: The Developer shall convey Outlot A and Outlot
B to the City by a warranty deed. The Developer shall submit the executed warranty deed to
the City for review and approval prior to the release of the Final Plat. The warranty deed
shall be recorded with the Hennepin County Recorder immediately after recording the Final
Plat 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 the first building permit for the Property, the Developer shall submit to the
City Engineer proof that the warranty deed for Outlots A & B have been recorded in the
Hennepin County Recorder's Office in accordance with the requirements of this paragraph.
5. 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.
6. 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.
7. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No
lot shall be sold or transferred to the first intended residential homeowner,nor an agreement
entered into to construct a home on any lot within the development unless the Developer or
its successors and/or assigns personally delivers prior to execution of a purchase agreement
or an agreement to construct a home on the lot (whichever comes first), a disclosure
statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud
2
Development Agreement-Beverly Hill
Airport. If the initial purchaser of a lot from the Developer is not the initial intended
homeowner of a residence to be constructed on the lot,Developer shall require by contractual
obligation with its initial purchaser the delivery of the disclosure statement to the initial
intended residential homeowner prior to execution by the intended homeowner of any
agreement to construct a home or agreement to purchase a lot(whichever comes first).
8. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County
Registrar of Titles' Office, as applicable within 90 days of approval by the City Council or
within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat is
not filed within the specified time,the City Council may,upon ten days written notice,to the
Developer, consider a resolution revoking the approval.
9. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land
alteration permit for the Property, Developer 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.
3
Development Agreement-Beverly Hill
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 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", most recent 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.
4
Development Agreement-Beverly Hill
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 and planting of the Stormwater Infiltration
Systems.
C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A
Stormwater Maintenance Plan must be provided for operation and maintenance of all
privately owned Stormwater Facilities (RG3 on Plans) 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 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.
5
Development Agreement-Beverly Hill
• 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 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.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough
sediment shall be removed as needed to restore hydraulic capacity, leaving as much
of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced. 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.
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. 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
6
Development Agreement-Beverly Hill
implementation of the approved SWPPP.
10. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building
permit for the Property,Developer shall submit to the City Building Official,and obtain the
City Building Official's written approval of plans that establish that each residence is
designed to meet the structural performance standards for residential interior sound levels,
depicted in the Metropolitan Council's Transportation Policy Plan,Appendix M: Land Use
Compatibility Guidelines for Aircraft Noise,November 2010.
11. 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.
12. TREE REPLACEMENT PLAN:Prior to the issuance of a Building Permit,the Developer
shall submit to the City Planner and receive the City Planner's written approval of an
executed landscape agreement and a Final Tree Replacement 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 Tree Replacement Plan on the Exhibit B Plans.
The approved Tree Replacement Plan shall be consistent with the quantity,type,and size of
all plant materials shown on the Tree Replacement Plan on the Exhibit B Plans. The
approved Tree Replacement 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
Tree Replacement 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.
The installation shall conform to the approved Tree Replacement Plan including but not
limited to the size, species and location as depicted on the Exhibit B Plans. Any changes,
including but not limited to removal 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 Tree Replacement
Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of
7
Development Agreement-Beverly Hill
Exhibit C of this Development Agreement.
13. 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,Riley Purgatory Bluff Creek Watershed District and Metropolitan
Airports Commission.
The City Planner may determine that conditions of approval required by the Riley Purgatory
Bluff 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.
14. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT:
[INTENTIONALLY DELETED]
15. PRIOR AGREEMENT: This Agreement supersedes in their entirety prior development
agreements, if any,pertaining to the Property.
16. 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.
17. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells within the
underlying Lot 2,Block 3,Cedar Hills West of the Property,and restoration of the Property.
Prior to issuance by City of any permit for grading or building on the Property, Developer
shall complete the demolition and removal of existing septic systems and wells on the
Property and restore the Property.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of$1,000 to guarantee that Developer completes implementation of the approved
plan. The city shall return to Developer the$1,000 deposit at such time as the Chief Building
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Development Agreement-Beverly Hill
Official has verified in writing that the Developer has completed implementation of the
approved plan.
18. 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 of
the Developer, its successors and assigns.
19. SIDEWALK CONSTRUCTION:Prior to release of the final plat by City for the Property,
Developer shall submit to the Engineering Division detailed plans for the proposed sidewalk
to be constructed on the Property. The sidewalk shall be constructed in the following
location:
A five-foot wide concrete sidewalk to be located between Lots 3 and 4 and within
Outlot A, extending to the existing sidewalk along Prospect Road as depicted in the
Plans.
Developer shall complete implementation of the approved plans in accordance with the terms
of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in
accordance with City Code shall be required for sidewalk construction.
20. 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.
21. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall
be signed by the owner(s) of the Property with the City for trunk sewer and water
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Development Agreement-Beverly Hill
assessments on an assessable area of 5.9 acres in the amount of$51,796.90.
Deferred assessments for the Eden Prairie Road Improvements in the amount of$142,682.97
(valid through November 15, 2019) for the Property are applicable. The deferred
assessments can be paid in full to the Engineering Division prior to November 15, 2019 or
prior to release of the final plat(whichever occurs first)in the amount of$142,682,97. If the
deferred assessments are paid after November 15,2019 additional interest accrued will also
be due. The Developer may choose to sign a Special Assessment Agreement as shown in
Exhibit E for the deferred assessments. The Special Assessment Agreement must be signed
prior to release of the final plat.
22. STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer,and obtain the City Engineer's written approval of plans for public streets,sanitary
sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat
for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's
written approval of a surety equal to 125%of the cost of said improvements. A permit fee of
five percent of construction value shall be paid to City by Developer. The design engineer
shall provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
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Development Agreement-Beverly Hill
23. VACATION OF DRAINAGE AND UTILITY EASEMENTS: Prior to issuance of
building permits for Lots 7 or 8 of the Property the Developer shall vacate the existing
drainage and utility easements along the eastern boundary of the underlying Lot 2,Block 3,
Cedar Hills West.
24. HOOK UP TO PUBLIC UTILITIES: Developer Agrees that the existing home located on
Lot 17 of the Property shall connect to public sanitary sewer and water within 180 days of the
installation of the public utilities for the Property. The existing septic system and well shall
be abandoned and sealed in accordance with City Code requirements.
25. SIDEWALK EASEMENT:Prior to the release of any final plat for the Property,Developer
shall submit a Sidewalk Easement,attached as Exhibit F,for review and written approval by
the Engineering Division,over that portion of the Property,as delineated on the Plans. After
approval by the City,Developer shall file the Sidewalk Easement with the Hennepin County
Registrar of Titles' Office as appropriate immediately after the recording of the final plat 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 the first building permit for the Property,Developer shall submit to
the City Engineer proof that the Sidewalk Easement has been recorded in the Hennepin
County Registrar of Titles' Office.
26. LOT 15 AND LOT 16 DRIVEWAYS: Driveways on Lots 15 and 16 of the Property shall
be constructed with a turnaround to allow vehicles to drive forward onto Eden Prairie Road.
27. ACQUISITION OF OUTLOT A, HIGHPOINT AT RILEY CREEK: A portion of
Outlot A,Highpoint At Riley Creek (hereinafter"Outlot A@HRC")is needed to complete
the sidewalk abutting the northwesterly corner of the Property (hereinafter referred to as
"Sidewalk Connection"). City will attempt to acquire the Sidewalk Connection from the
owner of Outlot A@HRC but is under no obligation to do so. For purpose of this paragraph
the"Cost of Acquisition"includes the costs paid by the City for: a.)the purchase price;and
b.)all out of pocket costs incurred to purchase said property including but not limited to title
work, survey, lien releases, real estate taxes, closing fees, wire or overnight fees, title
insurance, recording costs, and costs incurred for attorney fees and costs. Developer shall
reimburse City for a"proportionate share"of the City Cost of Acquisition. The"Developer's
Proportionate Share"is determined by the formula X=Y x Z,where X is the square footage
of Outlot A@HRC determined by the City as necessary for the Sidewalk Connection, Y is
10,616 square feet and Z is the Cost of Acquisition. Upon completion by the City of the
acquisition City shall submit an invoice to Developer. Developer shall make payment to City
of the Cost of Acquisition within twenty(20)business days of the date of the invoice. By
way of illustration if the Cost of Acquisition is $10,000 and the square footage of the
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Development Agreement-Beverly Hill
Sidewalk Connection is 1,000 square feet,the Developer's proportionate share is: $941.97.
28. MODEL HOME:No building permit may be issued for construction on Property until the
final plat has been recorded. Developer may apply for a building permit for construction of a
model home only on Lot 11,Block 1. Prior to issuance by the City of any permit for grading
or construction on Lot 11,Block 1,the existing home located at 16540 Beverly Drive shall
be removed, the well, if any, sealed in accordance with the requirements of City Code and
Developer shall submit to the Chief Building Official, and obtain the Chief Building
Official's written approval of detailed plans for a temporary hard gravel surface access from
Beverly Drive to Lot 11,Block 1. No Certificate of Occupancy shall be issued for a structure
on Lot 11,Block 1 until a permanent street has been constructed providing access to Lot 11,
Block 1 and public sanitary sewer and water connection to public utilities has been installed
and connected to structure on Lot 11, Block 1, all in accordance with the Plans.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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Development Agreement-Beverly Hill
CITY OF EDEN PRAIRIE
By
Ronald A. Case
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2019,
by Ronald A. Case and Rick Getschow,respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
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Development Agreement-Beverly Hill
Great Oaks 2nd L.L.C.
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2019,by
, the , of
Great Oaks 2nd L.L.C., a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
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Development Agreement-Beverly Hill
EXHIBIT A
DEVELOPMENT AGREEMENT - BEVERLY HILL
Legal Description Before Final Plat
The South 344.00 feet of the North 360.50 feet of the Northwest Quarter of the Southeast Quarter
of Section 29, Township 116 North Range 22 West of the Fifth Principal Meridian, Hennepin
County, Minnesota.
Together with:
Lot 2, Block 3, CEDAR HILLS WEST, according to the recorded plat thereof Hennepin County,
Minnesota.
Legal Description After Final Plat
Lots 1-17, Block 1, Beverly Hill, and Outlots A and B, Hennepin County, Minnesota
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Development Agreement-Beverly Hill
EXHIBIT B
DEVELOPMENT AGREEMENT — BEVERLY HILL
EXHIBIT B PLANS — stamp dated received on 04/29/19
LIST OF MATERIALS
1. Project Narrative by Great Oaks 2nd L.L.C.
2. Cover Sheet dated 04/29/19 by Pioneer Engineering, P.A.
3. Legend dated 04/29/19 by Pioneer Engineering, P.A.
4. Existing Conditions dated 04/29/19 by Pioneer Engineering, P.A.
5. Preliminary Plat dated 04/29/19 by Pioneer Engineering, P.A.
6. Preliminary Site Plan dated 04/29/19 by Pioneer Engineering, P.A.
7. Removal Plan dated 04/29/19 by Pioneer Engineering, P.A.
8. Preliminary Grading Plan dated 04/29/19 by Pioneer Engineering, P.A.
9. Preliminary Erosion Control Plan dated 04/29/19 by Pioneer Engineering, P.A.
10. Preliminary Seeding Plan dated 04/29/19 by Pioneer Engineering, P.A.
11. Grading Details dated 04/29/19 by Pioneer Engineering, P.A.
12. Grading Details dated 04/29/19 by Pioneer Engineering, P.A.
13. Preliminary Sanitary& Watermain Plan dated 04/29/19 by Pioneer Engineering, P.A.
14. Preliminary Storm Sewer dated 04/29/19 by Pioneer Engineering, P.A.
15. Street Profiles dated 04/29/19 by Pioneer Engineering, P.A.
16. City Details dated 04/29/19 by Pioneer Engineering, P.A.
17. City Details dated 04/29/19 by Pioneer Engineering, P.A.
18. City Details dated 04/29/19 by Pioneer Engineering, P.A.
19. Tree Replacement Plan dated 02/18/19 by Pioneer Engineering, P.A.
20. Tree Inventory&Preservation Plan dated 02/18/19 by Pioneer Engineering, P.A.
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Development Agreement-Beverly Hill
EXHIBIT C
DEVELOPMENT AGREEMENT - BEVERLY HILL
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)
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Development Agreement-Beverly Hill
NONE
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:
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.
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Development Agreement-Beverly Hill
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,
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
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Development Agreement-Beverly Hill
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.
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
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Development Agreement-Beverly Hill
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.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
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Development Agreement-Beverly Hill
EXHIBIT D
DEVELOPMENT AGREEMENT - BEVERLY HILL
BEVERLY HILL DISCLOSURE OF INFORMATION
Developer shall cause the following notice to be given, either from Developer itself or Developer's
successors in interest to any portion of the Property,to all residential home purchasers of lots within
the Property who intend to occupy a residence on such lot, prior to the execution of a purchase
agreement or agreement to construct a residence on a lot within the Property,whichever occurs first:
The Property is located near Flying Cloud Airport, a public use airport owned and operated by the
Metropolitan Airports Commission. The Airport is available 24 hours a day, year round.
The Airport operates two parallel east/west runways, and a north/south crosswind runway, all of
which are lighted.
The Airport accommodates aircraft operations from single and multi-engine propeller aircraft;
corporate jet aircraft;helicopters;and pilot training facilities;which may affect the Property. Further
information regarding the airport can be obtained from the Airport Manager, Telephone No.: 952-
944-1035.
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Development Agreement-Beverly Hill
EXHIBIT E
DEVELOPMENT AGREEMENT - BEVERLY HILL
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS day of ,2019,between the City
of Eden Prairie, a municipal corporation, (the "City") and , a (the
"Owner").
A. The Owner holds legal and equitable title to property described as ,
Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter
referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon and
requires the construction of the following public improvements:
(1) The City's trunk utility system, including trunk sanitary sewers, trunk
watermains, wells, elevated storage facilities and a water treatment plant (all of which is
hereafter referred to as the "Trunk Improvements").
(2) Street and utility improvements adjacent to the Property (which is hereafter
referred to as"Eden Prairie Road Improvements").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Trunk Improvements and the Eden Prairie Road Improvements all of which will
inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
The Owner consents to the levying of assessments against the Property for the construction, and
maintenance of the Trunk Improvements and Eden Prairie Road Improvements as follows:
1 The Property will be assessed for Trunk Improvements on 5.9 acres in an amount
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Development Agreement-Beverly Hill
not to exceed$51,796.90.
2. For purposes of determining the amount of the assessments,the costs of the Eden Prairie
Road Improvements include, in addition to actual construction costs, administrative, interest and
engineering costs and fees incurred or paid by the City in relationship to construction of the Eden
Prairie Road Improvements and costs incurred for acquisition of easements and or right-of-way
including attorney fees.
3. The City's assessment records for the Trunk Improvements for the Property will show
the assessments as a"pending assessment"until levied. The Eden Prairie Road Improvements show as
"Deferred Assessments"until certified to Hennepin County.
4. The Owner waives notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
5. The Owner concurs that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives
all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity
of the assessments, or the procedures used by the City in apportioning the assessments and hereby
releases the City,its officers,agents and employees from any and all liability related to or arising out of
the imposition or levying of the assessments.
6. This agreement shall be effective immediately.
7. This Agreement may not be terminated or amended except in writing executed by both
parties hereto, provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected, without the
necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a
document releasing any property so levied from this Agreement.
8. This Agreement constitutes a lien on the Property in the amount of$51,796.90 until such
time as the assessments referred to above are levied.
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Development Agreement-Beverly Hill
GREAT OAKS 2nd L.L.C. CITY OF EDEN PRAIRIE
A Minnesota limited liability company A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case
Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2019,
by Ronald A. Case,the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2019,by the
, a Minnesota , on behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
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Development Agreement-Beverly Hill
EXHIBIT F
DEVELOPMENT AGREEMENT - BEVERLY HILL
SIDEWALK EASEMENT
("Grantor")hereby grants and conveys this day of ,
2019, to City of Eden Prairie ("Grantee") an easement ("Easement") for the following uses and
purposes and subject to the following terms and conditions on, over, under, and across under real
property in the County of Hennepin, State of Minnesota, described and depicted in Exhibit A
attached and made a part here of ("Easement Parcel")
1. Uses and Purposes. The Easement shall be for the following purposes and uses of
the Easement parcel:
A. To construct, maintain and replace a sidewalk;
B. For travel by the public, on foot, and in or on non-motorized vehicles,
including but not limited to, bicycles, skis, strollers, and skates;
C. For travel by the public in or on motorized vehicles authorized by Grantee;
D. To remove, cut and trim trees, shrubs and vegetation.
2. Nonexclusive. The Easement shall be nonexclusive,provided however, the
Easement shall be paramount and superior to any other easement. Any other
easement shall be subject 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
and shall be binding upon Grantor and Grantor's heirs, successors and assigns and
shall be for the benefit of Grantee, its successors and assigns.
4. Grantor covenants that Grantor is the record Fee Owner of the Easement Parcel,
holds the legal and equitable title thereto, free and clear of all mortgages, liens and
encumbrances, except the holder(s)
of which has/have agreed in writing to the Easement pursuant to the attached
consent(s) and has lawful right and authority without restriction to grant and
convey the Easement.
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Development Agreement-Beverly Hill
GREAT OAKS 2nd L.L.C. CITY OF EDEN PRAIRIE
A Minnesota limited liability company A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case
Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2019,
by Ronald A. Case,the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2019,by the
, a Minnesota , on behalf of the .
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,MN 55344
27
Development Agreement-Beverly Hill
Exhibit A
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of said easement is described as follows:
Beginning at the southeosterly corner of said lot 3; thence on on assumed hearing of North 31
degrees 51 minutes 29 seconds West a ong the northeasterly line of said I of 3.a distance of 149-70 II,,
feel; thence North 26 degrees 30 minutes 09 seconds West, a distance of 32.35 feet; thence North t
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Lot 4 and there terminating.
The sidelines of said easement shall oe pro onged to terminate on the southeasterly lines of sold Lots
3 end 4.
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from or onto the hereon described land, easements of record or unrecorded easements which
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28
Development Agreement-Beverly Hill
CITY COUNCIL AGENDA DATE:
SECTION: Consent 05/07/2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning Smith Village VIII. C.
Janet Jeremiah/Beth Novak-Krebs
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for Planned Unit Development District
Review with waivers on 7.16 acres and a Zoning District change from Pub and I-Gen to
RM-2.5 on 7.16 acres
• Adopt a Resolution for a Site Plan
• Approve the Development Agreements
Synopsis
This is the final approval of Smith Village (Applewood Pointe, Smith Village Townhomes, Trail
Pointe Ridge). The 7.16-acre property is located east of Eden Prairie Road, north of Highway
212 and just north of the Minnesota River Bluff LRT Regional Trail. The project will include
workforce housing in a 4-story building with 58 units, a 100-unit 3-, 4-, and 5-story cooperative
building on the east side of the property for active and independent seniors at least 62 years of
age and two, 3-unit custom townhome buildings along the regional trail.
Background
The lst reading was held on November 13, 2018. The Council directed the applicants to make the
following changes before the 2nd reading.
1. Intensify the screening between the Smith Douglas More House property and Applewood
Pointe.
2. Include more trees along the north side of the Trail Pointe Ridge building along Glory
Lane to mitigate the height of the building and the reduced setback.
3. Give more consideration to the building colors and meet with Dr. Hanson to discuss
colors.
The applicants have addressed each of the Council's conditions as follows:
1. The applicants intensified the screening between the Smith Coffee & Café Parking Lot
and Applewood Pointe by revising the Landscape Plan to include short sections of 4'
high privacy fencing alternating with evergreen trees and hostas rather than just using
plant material. The fence sections provide an opaque screen to block headlights while the
plantings soften the buffer between the two sites along with screening headlights.
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2. The applicants revised the Landscape Plan along the north façade of the Trail Pointe Ridge
building to include two tall growing arborvitae and other taller evergreen shrubs to provide
more interest, provide more of a pedestrian scale experience along the sidewalk and provide
year around screening at the base of the building.
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3. As requested by the City Council, the applicants met with Dr. Hanson and discussed building
colors. On the Applewood Pointe building, the applicant replaced the blue siding with an
earthy brown color, the white has been replaced by a tan color, and the red in the gables has
been toned down. Overall, the colors are softer and blend together because there is less
contrast.
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Development Agreements
There are Development Agreements for each of the 3 developers. Each agreement includes
individual and collective responsibilities.
Due to the fact that there are multiple development partners and product types, the Development
Agreements address shared use of site amenities, cross programming, and overflow parking as
detailed below.
• Group Useable Open Space and Shared Use of Site Amenities
The Group Usable Open Space includes indoor spaces such as community rooms, fitness
center, library, great room, club room and lounge and outdoor site amenities such as ball
court, playground, sidewalks and walking paths, community garden, sitting areas, public
art/plaza area, horseshoe pits, bocci ball, and exercise areas. Since all of the outdoor
spaces are calculated as part of the group usable open space, staff's expectation was that
the outdoor site amenities would be shared by all residents. However, the developers
collectively expressed concern about the liability of allowing shared use of certain site
amenities. As a result, the Development Agreements allow shared use of certain
sidewalks and trails, certain seating areas, and the public art/plaza area in Outlot A. The
Development Agreements reference a Site Amenities Plan showing shared use areas.
Additionally, the developers have agreed to utilize some of the site amenities for cross
programming as noted below.
• Cross Programming
The developers will provide programming available to all residents of the Smith Village
Project to promote ongoing multigenerational interaction and to provide opportunities to
build community. The programing activities may take place throughout each year and
utilize the gathering space and other locations agreed upon by the 3 developers. This is
the first project that includes cross programming as part of the Development Agreements.
As a result, the Development Agreements provide an opportunity to monitor and evaluate
the Programming. After submission of the third annual report the Developer may meet
with the City Planner to discuss the need for future reports and whether the annual reports
demonstrate sufficient resident participation to justify continued cross programming
activities. Based on the contents of the reports and the discussion with the Developer the
City Planner may continue, modify or waive the reporting and/or the cross programming
requirement. The City Planner's decision can be appealed to the City council.
• Agreement to Secure Overflow Parking Offsite During Events
Applewood Pointe is the only component of Smith Village that does not meet the parking
requirements on its own site and there will not be shared parking between the 3
residential properties. While staff supports a parking waiver for Applewood Pointe, there
is concern about the availability of parking during specific events. Applewood Pointe
secured an agreement for overflow parking with Huber Funeral Home. The overflow
parking is not intended for Trail Pointe Ridge or the Smith Village Townhomes.
Applewood Pointe has agreed to provide for the availability of off-site parking during
events to accommodate anticipated parking needs when the Applewood Point community
room located within the Property is reserved for an event for guests who arrive at the
Property in 10 or more vehicles. The Development Agreement also provides a
mechanism to monitor and evaluate the provision of overflow parking.
Attachments
1. Ordinance for PUD and Rezoning
2. Resolution for Summary of Ordinance
3. Resolution for Site Plan Approval
4. Development Agreements
SMITH VILLAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 12-2019-PUD-6-2019
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
"land") is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Public and Industrial General Zoning District and be placed in the RM-2.5 Zoning District as
noted in Exhibit A 12-2019-PUD-6-2019 (hereinafter "PUD-6-2019-RM-2.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreements dated as of May 7, 2019 entered into between United Properties
Development, LLC, CB Eden Prairie Housing Limited Partnership and Halley Land
Corporation, and the City of Eden Prairie, (hereinafter"Development Agreement"). The
Development Agreements contain the terms and conditions of PUD-6-2019-RM-2.5, and are
hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-6-2019-RM-2.5 is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-6-2019-RM-2.5 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-6-2019-RM-2.5 are justified by the design of the
development described therein.
D. PUD-6-2019-RM-2.5 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Public and Industrial General and placed in the RM-2.5 Zoning District as
noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-6-
2019-RM-2.5 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 7th day of
May, 2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case Mayor
PUBLISHED in the Eden Prairie News on , 2019.
EXHIBIT A
Public and Industrial General Zoning District to RM2.5 Zoning District
Legal Description Prior to Final Plat:
Lots 2 and 3 Legion Park, Hennepin County, Minnesota
Legal Description After Final Plat:
Lots 1-5 and Outlot A, Smith Village, Hennepin County
SMITH VILLAGE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 12-2019-PUD-6-2019
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 the rezoning of land located at 16389 and 16397
Glory Lane from Public and Industrial General Zoning Districts to RM-2.5. 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 Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on May 16, 2019.
(A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
Public and Industrial General Zoning District to RM2.5 Zoning District
Legal Description Prior to Final Plat:
Lots 2 and 3 Legion Park, Hennepin County, Minnesota
Legal Description After Final Plat:
Lots 1-5 and Outlot A, Smith Village, Hennepin County
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
_
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SMITH VILLAGE
BY UNITED PROPERTIES, COMMONBOND AND MICHAEL HALLEY
WHEREAS, United Properties, CommonBond and Michael Halley, have applied for Site
Plan approval for Smith Village to construct a 100-unit senior cooperative, 58-unts of workforce
housing and 6 townhomes, by an Ordinance approved by the City Council on May 7, 2019; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its September 11, 2018 and October 8, 2019 meetings and recommended approval of said site
plans; 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 United Properties,
Common Bond and Michael Halley based on the Development Agreements between United
Properties Development , LLC, CB Eden Prairie Housing Limited Partnership, Halley Land
Corporation and the City of Eden Prairie, reviewed and approved by the City Council on May 7,
2019.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of May, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
DEVELOPMENT AGREEMENT
Trail Pointe Ridge
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 7,
2019, 2019, by CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership,
hereinafter referred to as "Developer" its successors and assigns, and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Guide Plan Change from Church/Cemetery
to Medium High Density Residential Zoning District and Zoning Change from Public to RM-2.5
on 2.09 acres, Site Plan Review on 2.09 acres, and Preliminary Plat of 2.09 acres into 1 lot (the
"Applications"), legally described on Exhibit A (hereafter referred to as the "Property" or Trail
Pointe Ridge);
WHEREAS,Developer shall construct"Trail Pointe Ridge"on the Property. Trail Pointe
Ridge will be a 4-story building with 58 rental units. Ninety percent of these units will have rents
affordable for middle income workers. The building will include 1-bedroom, 2-bedroom, and 3-
bedroom units. The developer for Trail Pointe Ridge is hereinafter referred to as "Developer" or
"Trail Pointe Developer".
WHEREAS, Halley Land Corporation is the developer of Smith Village Townhomes,
which consists of two, 3-unit townhome buildings. Each of the 6 units are for-sale custom
townhomes that will be approximately 3,500 square feet with two- or three- car garages. The
developer of Smith Village Townhomes is hereinafter referred to as the"Townhomes Developer".
WHEREAS,United Properties Development,LLC is the developer of Applewood Pointe,
which consists of a 100-unit 3-, 4-, and 5-story building. The developer for Applewood Pointe is
hereinafter referred to as the "Applewood Developer").
WHEREAS, access to the Property from Eden Prairie Road is through Outlot A, Legions
Park(hereinafter referred to as "Outlot A, Legion Park");
WHEREAS, Trail Pointe Ridge is being developed under a common application called
Smith Village with Applewood Pointe and Smith Village Townhomes. The three developments
are collectively referred to herein as "Smith Village Project."
NOW, THEREFORE, in consideration of the City adopting Resolution No.
Development Agreement Trail Pointe Ridge 1
for Guide Plan Change, Resolution No. for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District Review with waivers
and Zoning District Change from Public to RM-2.5 on 2.09 acres, Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to
construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated , reviewed and approved by the City Council on
, (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. INTENTIONALLY LEFT BLANK
4. SHARED ACCESS, PRIVATE UTILITIES, STORMWATER AND
MAINTENANCE EASEMENT AGREEMENT: Prior to release by the City of the
Final Plat for the Smith Village Project (the "Final Plat"), Developer shall execute a non-
exclusive Shared Access, Private Utilities, Stormwater and Maintenance Easement
Agreement (hereinafter referred to as the "Shared Access and Maintenance Agreement")
over the private infrastructure located within the Property as depicted on the Plans that
provides shared access between Applewood Pointe, the Smith Village Townhomes and
Trail Pointe Ridge for shared use of private streets, access and private utilities and
stormwater management facilities within the Property. The form of the Shared Access and
Maintenance Agreement must be approved in writing by the City Engineer and shall be
subject to that certain perpetual Access Agreement and Maintenance Agreement ("City
Access Easement") in favor of the City for vehicular and pedestrian ingress and egress to
and from Eden Prairie Road to the City's property ("City Property") for purposes related
to accessing the City Property and performing routine and regular maintenance, repair and
operation of the City's water facility within the City Property. The Shared Access and
Maintenance Agreement shall address temporary construction access for all developers,
joint vehicle access and maintenance over the private drives,no parking on private streets,
city streets and city owned property, storm sewers, and stormwater management facilities.
All of these facilities constructed under the terms of the Shared Access and Maintenance
Agreement shall be privately owned and maintained by the Developer pursuant to the
Shared Access and Maintenance Agreement. After approval by the City, Developer shall
file the Shared Access and Maintenance Agreement with the Hennepin County Recorder's
Office and the Hennepin County Registrar of Titles' Office, as appropriate, immediately
after the recording of the Final Plat and prior to recording of any document affecting the
Property including but not limited to any mortgage granted by the Developers or owners,
their successors and/or assigns.
The Shared Access and Maintenance Agreement shall also provide a cross access and
maintenance agreement on, over, under and across Glory Lane located within Outlot A,
Legion Park, for the benefit of Lot 1, Block 1, Legion Park.
Development Agreement—Trail Pointe Ridge 2
Prior to the issuance of the first permit for the Property, Developer shall submit to the City
Engineer proof that the Shared Access and Maintenance Agreement has been recorded in
the Hennepin County Recorder's Office and the Hennepin County Registrar of Titles'
Office.
5. AFFORDABLE UNITS: The Developer shall, for the applicable program compliance
period,provide 52 affordable Low-Income Housing Tax Credit units within the residential
units in Trail Pointe Ridge. Of these, 13 shall be 1-bedroom units occupied by residents
whose annual income is at 30% or less of Hennepin County AMI, as adjusted, 26 shall be
2-bedroom units occupied by residents whose annual income is at 50%or less of Hennepin
County AMI, as adjusted, and 13 shall be 3-bedroom units occupied by residents whose
annual income is at 60% or less of Hennepin County AMI, as adjusted. Six additional units
shall be rented at market rates. Upon expiration of the Low Income Housing Tax Credit
compliance period, a minimum of 5% of units shall at all times remain affordable as
inclusionary housing units to households whose annual income is at 50% or less of
Hennepin County AMI,as adjusted,and a minimum of 5%of units shall at all times remain
affordable as inclusionary units to households whose annual income is at 80% or less of
Hennepin County AMI, as adjusted. The inclusionary housing units shall be reflective of
the overall unit mix by bedroom type and shall be subject to review and approval by the
City.
By February 15th of each year, the Trail Pointe Developer shall provide the City rent roll
information and occupancy information for the preceding year confirming compliance with
this requirement. In the event of a conflict or discrepancy between the affordability
provisions contained in this Section 5 and the affordability provisions required under the
Declaration of Land Use Restrictive Covenants (the "LURA") to be recorded against the
Property related to the Low-Income Housing Tax Credit Units,the provisions of the LURA
shall govern and control.
6. CROSS PROGRAMMING AND SITE AMENITIES: Applewood Developer on behalf
of Developer has submitted a final outdoor Site Amenities Plan for the Property as depicted
on Exhibit B Plans (the "Site Amenities Plan") with respect to the City's Group Usable
Open Space requirement. The Group Usable Open Space requirement is met for the Smith
Village Project only through the granting of a waiver by the City in favor of the Smith
Village Project pursuant to Paragraph 14,item 6.The quality of all amenities to be installed
and or constructed by Developer pursuant to the Site Amenities Plan shall be equal to or
greater than what is required by the Plans. The Developer shall construct the amenities
located on the Property prior to the issuance of the first Certificate of Occupancy for the
Property. The plans for such improvements shall allow occupants, guests and invitees of
Applewood Pointe, Trail Pointe Ridge and Smith Village Townhomes shall be allowed
shared use of all sidewalks identified as "Shared Site Amenities" on the Site Amenities
Plan,all amenities and improvements shown on the Site Amenities Plan within the Property
and any benches adjacent to a sidewalk. All of the amenities identified on the Site
Amenities Plan shall be privately owned by the Developer or the Applewood Developer,
as applicable, and maintained pursuant to the terms of the Shared Access and Maintenance
Development Agreement—Trail Pointe Ridge 3
Agreement. The City is not responsible for enforcing any use of areas not identified as
shared. Sidewalk signs are limited to signs that are directional in nature such as "No
Through Connection" or"No Outlet."
After issuance of a Certificate of Occupancy for all of the developments — Applewood
Pointe,Trail Pointe Ridge and Smith Village Townhomes-the Developer shall collaborate
with the other developers of the Smith Village Project to provide programming available
to all residents of Smith Village Project to promote ongoing multigenerational interaction
and to provide opportunities to build community. The programing activities may take place
throughout each year and utilize gathering spaces and other locations agreed upon by the
Developer with the other developers of the Smith Village Project. The specific activities
to be offered shall be determined by the Developer in junction with the other developers of
the Smith Village Project. In its application submission to the City, Developer identified
the following as ways to promote a sense of community, create a unified neighborhood,
and encourage cross-generational interaction the following activities:
• Create outdoor activity days throughout the summer season that will include
organized yard games, a picnic, and gardening lessons. These dates may coincide
with the summer holidays.
• Plan and implement Night to Unite block party to be hosted at a central gathering
location within the neighborhood.
• Offer Advantage Services programming at Trail Pointe Ridge and recruit program
volunteers from residents at Applewood Pointe and Smith Village Townhomes to
participate in "Study-Buddy" opportunities to assist students with schoolwork or
provide mentoring opportunities for young adults.
• Explore the opportunity to facilitate a neighborhood involvement committee with
residents from all developments in Smith Village to ensure that the neighborhood
continues to be a safe environment and the grounds are maintained.
• This list is not inclusive, and the Developer will identify additional opportunities
for cross programming as the residents of the Smith Village Project begin to call it
home. Overall, the goal of the cross programming for the Smith Village Project is
to create a long-lasting and vibrant housing community encouraging resident
interaction.
The City encourages consideration of the following activities: outdoor activity days
throughout the summer months, Night to Unite, Study Buddy program where older
residents can assist students, and gatherings for various holidays throughout the year. By
February 15th of each year, Developer shall provide the City Planner with an annual report
for the preceding year identifying the cross programming events Developer has provided
during the prior year and cross programming planned by the Developer for the following
year. The report shall identify the amount of resident participation in the events. After
submission of the third annual report, the Developer may meet with the City Planner to
discuss the need for future reports and whether the annual reports demonstrate sufficient
resident participation to justify continued cross programming activities. Based on the
contents of the reports and the discussion with the Developer, the City Planner may
continue, modify or waive the reporting and/or the cross programming requirement. The
Development Agreement—Trail Pointe Ridge 4
City Planner's decision is subject to Administrative Appeal to the City Council pursuant to
City Code Section 2.80.
7. INTENTIONALLY LEFT BLANK
8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS
A. FINAL GRADING AND DRAINAGE PLAN: The grading and drainage plan
contained in the Plans is final. The final grading and drainage plan is a combined
single plan for the Smith Village Project. Developer is responsible for coordinating
all activities required under the final grading and drainage plan with the other
developers of the Smith Village Project. If the final grading and drainage plan
requires activities off the Property in other portions of the Smith Village Project in
order for the grading and drainage plan to function as designed within the Property,
no certificate of occupancy shall be issued to Developer until such off-site work is
performed in accordance with the final grading and drainage plan. This final
grading and drainage plan includes 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 have been
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
Developers 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
located on the Property, 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
Development Agreement—Trail Pointe Ridge 5
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 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
Development Agreement—Trail Pointe Ridge 6
surfaces must be completed prior to final grading and planting of the Stormwater
Infiltration Systems.
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
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.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough
Development Agreement—Trail Pointe Ridge 7
sediment shall be removed as needed to restore hydraulic capacity,leaving as much
of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced. 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.
After the two year period of maintenance, the owner of the Property shall continue
to be responsible for maintenance of the Stormwater Facilities located on the
Property. 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. 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.
9. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting
to the City Engineer, copies of all necessary approvals issued by other agencies for Trail
Pointe Ridge. 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, Riley Purgatory Bluff Creek
Watershed District,Hennepin County Regional Rail Authority, Three Rivers Park District,
Hennepin County Transportation, Minnesota Department of Transportation.
The City Planner may determine that conditions of approval required by Riley Purgatory
Bluff 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.
Development Agreement—Trail Pointe Ridge 8
10. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the
Property.
11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins on Trail
Pointe Ridge shall at all times be located inside of the building enclosures depicted on the
Plans.
12. INTENTIONALLY OMITTED.
13. INTENTIONALLY OMITTED.
14. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code
requirements within the RM-2.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD (list PUD number):
1. Density. City Code allows 17.4 units per acre. The Waiver allows 27.75 units per
acre.
2. Gross Site Area: City Code requires 2,500 square feet per unit. The Waiver allows
1,569 square feet per unit.
3. Building Height: The maximum building height in City Code is 45 feet. The Waiver
allows Trail Pointe Ridge as a 4-story building and 56' 4"tall.
4. Building Setback along Glory Lane: The minimum side yard setback by Code is 25
feet. The Waiver allows Trail Pointe Ridge to be 16.7 feet to Glory Lane, Outlot A,
Legion Park. City Code requires a 35 foot setback from the parking lot to the right-of-
way line. The Waiver allows the parking lot for Trail Pointe Ridge to have a 20 foot
setback.
5. Group Usable Open Space: City Code requires 600 square feet of group usable open
space per unit("GUOSPU"). The Waiver allows 403 square feet per unit. The
"GUOSPU" calculation includes interior and outdoor spaces.
6. Landscaping: Not including tree replacement, the Smith Village Project requires
973 caliper inches of landscaping. The Waiver allows the project to provide 436
caliper inches using code calculations. The Plan provides many additional trees,
shrubs, perennials and grasses.
7. Covered Parking Stalls: City Code requires that one of the two required parking
stalls per unit are covered. The Waiver allows Trail Pointe Ridge to have 49
underground parking stalls.
15. PUBLIC UTILITY PLANS: The plans for sanitary sewer and water main for the
Property are final and are as depicted on Exhibit B. Plans for public infrastructures have
been submitted in a plan view and profile on 24 x 36 plan sheets consistent with City
standards. The developer of Applewood Pointe has agreed to provide the surety for the
public utilities located in Trail Pointe Ridge. Prior to release of the Final Plat for the
Property, Applewood Developer shall have furnished to the City Engineer and receive the
City Engineer's written approval of a surety equal to 125% of the cost of said
improvements.
Development Agreement—Trail Pointe Ridge 9
16. RETAINING WALLS: Plans for any retaining walls greater than four feet in height are
final and are as depicted on Exhibit B. 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 of the Developer, its successors and assigns.
17. VACATION OF DRAINAGE AND UTILITY EASEMENTS: Prior to the release of
the issuance of a land alteration permit, building permit or the release of the Final Plat for
the Property, the following shall be required: The Developer shall submit to the City
Engineer: (i)written evidence that all utility companies with infrastructure within existing
drainage and utility easements within the Property have consented to the vacation of
drainage and utility easements identified in the Plans, such document to be in form and
content acceptable to the City, and (ii) that the Developer have a written agreement with
each utility company to relocate or abandon existing utility lines if required by the utility
company. Furthermore,prior to the issuance of a land alteration permit, building permit or
release of a Final Plat for the Property(whichever occurs first),the City Council shall have
adopted a resolution vacating drainage and utility easements as presented in the Plans.
18. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property or 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 Property 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.
19. 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.
20. EXTERIOR MATERIALS: Plans for exterior materials and colors to be used on the
buildings located within the Property are final and are as depicted on Exhibit B.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
Development Agreement—Trail Pointe Ridge 10
21. IRRIGATION PLAN: Plans for irrigation of landscaped areas on the Property are final
and are as depicted on Exhibit B. The irrigation plan is 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.
22. LANDSCAPE PLAN AND TREE REPLACEMENT: The Landscape Plan and Tree
Replacement Plan are final and are as depicted on Exhibit B. The final landscape plan
depicts the quantity, type, and size of all plant materials shown on the landscape plan on
the Exhibit B Plans. The final landscape plan includes replacement trees of a 2.5-inch
diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The
final landscape plan provides 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. The final landscape plan for the Property includes all proposed trees shrubs,
perennials, and grasses as depicted on the Exhibit B Plans. Developer shall execute the
landscape agreement contemporaneous with this Agreement.
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 on the Property including
all proposed trees, shrubs, perennials, and grasses on the Property as depicted on the
Landscape and Tree Replacement Plan on the Exhibit B Plans.
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 final Landscape Plan as depicted
on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this
Development Agreement.
23. MECHANICAL EQUIPMENT SCREENING: The mechanical equipment screening
plan is final. 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 final 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 such constructed screening does not
meet the existing 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
Development Agreement—Trail Pointe Ridge 11
measures.
24. PERFORMANCE STANDARDS: Developer agrees that the Property and Outlot A,
Legion Park 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 and Outlot A,Legion Park shall be operated so noise,vibration,dust and
dirt, smoke, odor and glare do not go beyond the Property and Outlot A, Legion Park
boundary lines. No snow storage is allowed on any parking stall space designated on the
Plans.
25. 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.
26. 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.
27. TAX INCREMENT DEVELOPMENT AGREEMENT: The Developer has applied for
Tax Increment Financing for financial assistance with respect to approximately 12 of the
housing units referenced in Paragraph 4. In connection therewith Developer shall be
required to enter into a Tax Increment Agreement (hereinafter the "TIF Agreement").
Developer shall adhere to the requirements set forth in the TIF Agreement as the same may
be amended from time to time. The amount of Cash Park Fees due pursuant to Paragraph
4 for the Trail Pointe Ridge may be subject to such change as agreed between the City and
the Developer in the TIF Agreement.
Development Agreement Trail Pointe Ridge 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
Ronald A. Case
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7th day of May, 2019 by Ronald A.
Case and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie,
a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
Development Agreement Trail Pointe Ridge 13
DEVELOPER
CB Eden Prairie Housing Limited Partnership, a Minnesota limited partnership
By: CB Eden Prairie Housing GP LLC
Its: General Partner
By
Cecile Bedor
Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 1st day of May, 2019, by Cecile
Bedor, the Chief Manager of CB Eden Prairie Housing GP LLC, a Minnesota limited liability
company,the general partner of CB Eden Prairie Housing Limited Partnership a Minnesota limited
partnership, on behalf of the partnership.
Notary Public
Development Agreement Trail Pointe Ridge 14
EXHIBIT A
DEVELOPMENT AGREEMENT -TRAIL POINTE RIDGE
Legal Description Before Final Plat
Lot 3, Block 1 Legion Park, Hennepin County, Minnesota
Legal Description After Final Plat
Lot 1, Block 1, Smith Village, Hennepin County, Minnesota
Development Agreement Trail Pointe Ridge 15
EXHIBIT B
DEVELOPMENT AGREEMENT -TRAIL POINTE RIDGE,
Exhibit B
PUD and Site Plan dated 10/29/18 by Plowe Engineering.
Grading Plan dated 10/29/18 by Plowe Engineering.
Erosion Control Plan dated 10/29/18 by Plowe Engineering.
Utility Plan— Storm Sewer dated 10/29/18 by Plowe Engineering.
Utility Plan-Watermain dated 10/29/18 by Plowe Engineering.
Utility Plan— Sanitary Sewer dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Group Usable Open Space dated 10/29/18 by Plowe Engineering.
Parking Lot landscape Analysis dated 10/29/18 by Plowe Engineering.
Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc.
Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc.
Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc.
Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc.
Tree Preservation and Removal Plan dated 10/29/18 by WSB
Landscape Plan Layout dated 10/29/18 by WSB
Plan Schedules dated 10/29/18 by WSB
Plant Schedules AP1 dated 10/29/18 by WSB
Plan Schedules AP2 dated 10/29/18 by WSB
Landscape Enlargement CB1 dated 10/29/18 by WSB
Landscape Enlargement CB2 dated 10/29/18 by WSB
Landscape Enlargement CB3 dated 10/29/18 by WSB
Landscape Enlargement CB4 dated 10/29/18 by WSB
Landscape Enlargement TH1 dated 10/29/18 by WSB
Landscape Enlargement AP1 dated 10/29/18 by WSB
Landscape Enlargement AP2 dated 10/29/18 by WSB
Landscape Enlargement AP3 dated 10/29/18 by WSB
Landscape Enlargement AP4 dated 10/29/18 by WSB
Landscape Enlargement AP5 dated 10/29/18 by WSB
Landscape Enlargement AP6 dated 10/29/18 by WSB
Landscape Enlargement AP3 dated 10/29/18 by WSB
Plant Details dated 10/29/18 by WSB
Miscellaneous Details dated 10/29/18 by WSB
Miscellaneous Details dated 10/29/18 by WSB
Architectural Site Plan dated 10/29/18 by kaas wilson architects
Floor Plans dated 10/29/18 by kaas wilson architects
Site Section dated 10/29/18 by kaas wilson architects
Development Agreement—Trail Pointe Ridge 16
Exterior Elevations dated 10/29/18 by kaas wilson architects
Perspective Rendering dated 10/29/18 by kaas wilson architects
Finish Board dated 10/29/18 by kaas wilson architects
Finish Board dated 10/29/18 by kaas wilson architects
Cover Sheet dated 09/24/18 by JSSH Architects
Garage Plan dated 06/14/18 by JSSH Architects
First Floor Plan dated 10/29/18 by JSSH Architects
Second Floor Plan dated 10/29/18 by JSSH Architects
Third Floor Plan dated 10/29/18 by JSSH Architects
Fourth Floor Plan dated 10/29/18 by JSSH Architects
Fifth Floor Plan dated 10/29/18 by JSSH Architects
Roof Plan dated 09/24/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Shadow Plan
Shadow Plan
Shadow Plan
Shadow Plan
Group Usable Open Space Plan
Shared Amenity Exhibit dated 3/14/19 by Plowe Engineering
Site Amenities Plan
Development Agreement Trail Pointe Ridge 17
EXHIBIT C
DEVELOPMENT AGREEMENT - TRAIL POINTE RIDGE
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, at the time of recording of this Agreement, it will have
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:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
Development Agreement—Trail Pointe Ridge 18
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,
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
Development Agreement—Trail Pointe Ridge 19
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 1/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top
of the post.
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.
Development Agreement Trail Pointe Ridge 20
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
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.
Development Agreement—Trail Pointe Ridge 21
DEVELOPMENT AGREEMENT
Smith Village Townhomes
THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of May 7, 2019
by Halley Land Corporation, a Minnesota corporation hereinafter collectively referred to as
"Developer" its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Guide Plan Change from Church/Cemetery
and Industrial to Medium High Density Residential and zoning change from Public and Industrial(I-
Gen)to RM2.5 Zoning District on 1.00 acres, Site Plan Review on 1.00 acres, and Preliminary Plat
of 1.00 acres into 3 lots(the"Application"),legally described on Exhibit A(hereafter referred to as
the"Property" or Smith Village Townhomes");
WHEREAS,Smith Village Townhomes consists of two,3-unit townhome buildings. Each
of the 6 units are for-sale custom townhomes that will be approximately 3,500 square feet with two-
or three-car garages. The developer of Smith Village Townhomes is hereinafter referred to as
"Developer."
WHEREAS, Smith Village Townhomes is being developed under a common application
called Smith Village with Applewood Pointe and Trail Pointe Ridge. The three developments are
collectively referred to herein as "Smith Village Project."
WHEREAS, access to the Property from Eden Prairie Road is through Outlot A, Legions
Park(hereinafter referred to as "Outlot A, Legion Park");
WHEREAS,United Properties Development, LLC is the developer of Applewood Pointe,
which consists of a 100-unit 3-, 4-, and 5-story building. The Developers for Applewood Pointe is
hereinafter referred to as the"Applewood Developers").
WHEREAS,CB Eden Prairie Housing Limited Partnership is the developer of Trail Pointe
Ridge, a 4-story building with 58 rental units. It is anticipated that ninety percent (90%) of these
units will be rented at rates consistent with the requirements for the use of Low Income Housing Tax
Credits. The building will include 1-bedroom,2-bedroom,and 3-bedroom units. The Developer for
Trail Pointe Ridge is hereinafter referred to as the "Trail Pointe Ridge Developer."
Development Agreement— Smith Village Townhomes 1
NOW,THEREFORE,in consideration of the City adopting Resolution No. for
Guide Plan Change,Resolution No. for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review with waivers and Zoning
District Change from Public and Industrial (I-2) to RM2.5 on 1.00 acres, Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated , reviewed and approved by the City Council on
,(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. INTENTIONALLY OMITTED
4. SHARED ACCESS,PRIVATE UTILITIES,STORMWATER AND MAINTENANCE
EASEMENT AGREEMENT: Prior to release by the City of the Final Plat for the Property
(the"Final Plat"),Developer shall execute a non-exclusive Shared Access,Private Utilities,
Stormwater and Maintenance Easement Agreement(hereinafter referred to as the "Shared
Access and Maintenance Agreement") over the private infrastructure located within the
Property as depicted on the Plans that provides shared access between Applewood Pointe,the
Smith Village Townhomes and Trail Pointe Ridge for shared use of private streets, access
and private utilities and stormwater management facilities within the Property. The form of
the Shared Access and Maintenance Agreement must be approved in writing by the City
Engineer and shall be subject to the City Access Agreement. The Shared Access and
Maintenance Agreement shall address temporary construction access for all developers,joint
vehicle access and maintenance over the private drives, no parking on private streets, city
streets and city owned property,storm sewers,and stormwater management facilities.All of
the facilities constructed under the terms of the Shared Access and Maintenance Agreement
shall be privately owned and maintained by the Developer pursuant to the Shared Access and
Maintenance Agreement.After approval by the City,Developer shall file the Shared Access
and Maintenance Agreement with the Hennepin County Recorder's Office and the Hennepin
County Registrar of Titles' Office, as appropriate, immediately after the recording of the
Final Plat and prior to recording of any document affecting the Property including but not
limited to any mortgage granted by the Developer or owners, its successors and/or assigns.
The Shared Access and Maintenance Agreement shall also provide a cross access and
maintenance agreement on, over, under and across Glory Lane located within Outlot A,
Legion Park, for the benefit of Lot 1, Block 1, Legion Park.
Prior to the issuance of the first permit for the Property, Developer shall submit to the City
Engineer proof that the Shared Access and Maintenance Agreement has been recorded in the
Hennepin County Recorder's Office and the Hennepin County Registrar of Titles' Office.
Development Agreement— Smith Village Townhomes 2
5. INTENTIONALLY OMITTED
6. CROSS PROGRAMMING AND SITE AMENITIES: Developer has submitted a final
outdoor Site Amenities Plan for the Property as depicted on Exhibit B Plans with respect to
the Group Usable Open Space Plan requirements. The Group Usable Open Space
requirement is met only through the granting of a wavier pursuant to Paragraph 14, item 5.
The quality of all amenities to be installed and or constructed by Developer shall be equal to
or greater than what is required by the Plans. The Developer shall construct the Site
Amenities located on the Property prior to the issuance of the first Certificate of Occupancy
for the Property. The plans for such improvements allow occupants, guests and invitees of
Applewood Pointe, Trail Pointe Ridge and Smith Townhomes shared use of all sidewalks
identified as "Shared Site Amenities" on the Site Amenities Plan, all amenities and
improvements shown on the Site Amenities Plan within the Property and any benches
adjacent to a sidewalk.All of these amenities shall be privately owned and maintained by the
Developer or the Trail Pointe Ridge Developer as applicable,and maintained pursuant to the
terms of the Shared Access and Maintenance Agreement. The City is not responsible for
enforcing any use of areas not identified as shared. Sidewalk signs are limited to signs that
are directional in nature such as "No Through Connection" or"No Outlet."
After issuance of a Certificate of Occupancy for all of the developments, — Applewood
Pointe,Trail Pointe Ridge and Smith Village Townhomes-the Developer shall collaborate
with the other developers of the Smith Village Project to shall provide programming
available to all residents of the Smith Village Project to promote ongoing multigenerational
interaction and to provide opportunities to build community. The programing activities may
take place throughout each year and utilize gathering spaces and other locations agreed upon
by the Developer with the other developers of the Smith Village Project. The specific
activities to be offered shall be determined by the Developer in junction with the other
developers of the Smith Village Project.In its application submission to the City,Developer
identified the following as ways to promote a sense of community, create a unified
neighborhood, and encourage cross-generational interaction the following activities:
• Create outdoor activity days throughout the summer season that will include
organized yard games, a picnic, and gardening lessons. These dates may coincide
with the summer holidays.
• Plan and implement Night to Unite block party to be hosted at a central gathering
location within the neighborhood.
• This list is not inclusive,and the Developer will identify additional opportunities for
cross programming as the residents of the Smith Village Project begin to call it home.
Overall,the goal of the cross programming for the Smith Village Project is to create a
long-lasting and vibrant housing community encouraging resident interaction.
The City encourages consideration of the following activities: outdoor activity days
throughout the summer months,Night to Unite, Study Buddy program where older residents
Development Agreement— Smith Village Townhomes 3
can assist students,and gatherings for various holidays throughout the year. By February 15th
of each year, Developer shall provide the City Planner with an annual report for the
preceding year identifying the cross programming events Developer has provided during the
prior year and cross programming planned by the Developer for the following year. The
report shall identify the amount of resident participation in the events. After submission of
the third annual report the Developer may meet with the City Planner to discuss the need for
future reports and whether the annual reports demonstrate sufficient resident participation to
justify continued cross programming activities. Based on the contents of the reports and the
discussion with the Developer the City Planner may continue,modify or waive the reporting
and/or the cross programming requirement. The City Planner's decision is subject to
Administrative Appeal to the City Council pursuant to City Code Section 2.80.
7. INTENTIONALLY OMITTED
8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS
A. FINAL GRADING AND DRAINAGE PLAN: The grading and drainage plan
contained in the Plans is final. The final grading and drainage plan is a combined
single plan for the Smith Village Project. Developer is responsible for coordinating
all activities required under the final grading and drainage plan with the other
developers of the "Smith Village Project." If the final grading and drainage plan
requires activities off the Property in other portions of"Smith Village Project" in
order for the grading and drainage plan to function as designed within the Property,
no certificate of occupancy shall be issued to Developer until such off-site work is
performed in accordance with the final grading and drainage plan. This final grading
and drainage plan includes 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 have been 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 Developers to perform
Development Agreement Smith Village Townhomes 4
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,located
on the Property, 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 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.
Development Agreement Smith Village Townhomes 5
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 and planting of the Stormwater Infiltration
Systems.
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 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.
Development Agreement Smith Village Townhomes 6
• 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.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough
sediment shall be removed as needed to restore hydraulic capacity, leaving as much
of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced. 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.
After the two year period of maintenance,the owner of the Property shall continue to
be responsible for maintenance of the Stormwater Facilities located on the Property.
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. 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.
9. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to
the City Engineer, copies of all necessary approvals issued by other agencies for Smith
Village Townhomes. These submittals are required prior to issuance by the City of the
Development Agreement Smith Village Townhomes 7
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, Riley Purgatory Bluff Creek Watershed District,
Hennepin County Regional Rail Authority, Three Rivers Park District, Hennepin County
Transportation, Minnesota Department of Transportation.
The City Planner may determine that conditions of approval required by Riley Purgatory
Bluff 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.
10. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the
Property.
11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins on Smith
Village Townhomes shall at all times be located inside of the building enclosures depicted on
the Plans except on collection day.
12. INTENTIONALLY OMITTED
13. INTENTIONALLY OMITTED
14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the RM-2.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD (list PUD number):
1. Parking Setback from Side Lot Line: City Code requires parking lots to be at least
10 feet from a side lot line. The Waiver allows the parallel parking for the
townhomes to be 1 foot away from the lot line.
2. Lots Without Street Frontage:All lots in the City are required to have frontage on
a public street. The Waiver allows Lots 2,3,4 and 5 to not have frontage on a public
street.
3. Minimum Lot Depth: City Code requires the townhome lots to be at least 100 feet
deep. The Waiver allows Lot 2 and Lot 3 to be 86 feet deep.
4. Side Yard Setback: City Code requires a side yard setback of 10 feet for the
townhomes.The Waiver allows Lot 2 and Lot 3 to have a sideyard setback of 7.5 feet
where the lots meet.
5. Group Usable Open Space: City Code requires 600 square feet of group usable
open space per unit("GUOSPU").The Waiver allows 0 square feet per unit because
of the open space provided by Applewood Pointe and Trail Pointe Ridge in the Smith
Village Project. The"GUOSPU" calculation includes interior and outdoor spaces.
6. Landscaping: Not including tree replacement, the Smith Village Project requires
973 caliper inches of landscaping. The Waiver allows Smith Village Project to
Development Agreement— Smith Village Townhomes 8
provide 436 caliper inches using code calculations. The Plan provides many
additional trees, shrubs,perennials and grasses.
15. PUBLIC UTILITY PLANS: The plans for sanitary sewer and water main for the Property
are final and are as depicted on Exhibit B. Plans for public infrastructures have been
submitted in a plan view and profile on 24 x 36 plan sheets consistent with City standards.
The developer of Applewood Pointe has agreed to provide the surety for the public utilities
located in Smith Village Townhomes. Prior to release of the Final Plat for the Property,
Applewood Developer shall have furnished to the City Engineer and receive the City
Engineer's written approval of a surety equal to 125% of the cost of said improvements.
16. RETAINING WALLS: Plans for any retaining walls greater than four feet in height are
final and are as depicted on Exhibit B. 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 of the Developer, its successors and assigns.
17. VACATION OF DRAINAGE AND UTILITY EASEMENTS: Prior to the release of the
issuance of a land alteration permit, building permit or the release of the Final Plat for the
Property,the following shall be required: The Developer shall submit to the City Engineer:
(i)written evidence that all utility companies with infrastructure within existing drainage and
utility easements within the Property have consented to the vacation of drainage and utility
easements identified in the Plans,such document to be in form and content acceptable to the
City, and (ii) that the Developer have a written agreement with each utility company to
relocate or abandon existing utility lines if required by the utility company. Furthermore,
prior to the issuance of a land alteration permit,building permit or release of a Final Plat for
the Property (whichever occurs first), the City Council shall have adopted a resolution
vacating drainage and utility easements as presented in the Plans.
18. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property 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
Property 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.
19. 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,
Development Agreement— Smith Village Townhomes 9
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.
20. EXTERIOR MATERIALS: Plans for exterior materials and colors to be used on the
buildings located within the Property are final and are as depicted on Exhibit B.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
21. 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.
22. LANDSCAPE PLAN AND TREE REPLACEMENT: The Landscape Plan and Tree
Replacement Plan are final and are as depicted on Exhibit B.The final landscape plan depicts
the quantity,type,and size of all plant materials shown on the landscape plan on the Exhibit
B Plans.The final landscape plan includes replacement trees of a 2.5-inch diameter minimum
size for a shade tree and a 6-foot minimum height for conifer trees. The final landscape plan
provides 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. The final
landscape plan for the Property includes all proposed trees shrubs,perennials,and grasses as
depicted on the Exhibit B Plans. Developer shall execute the landscape agreement
contemporaneous with this Agreement.
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 on the Property including all
proposed trees,shrubs,perennials,and grasses on the Property as depicted on the Landscape
and Tree Replacement Plan on the Exhibit B Plans.
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 final Landscape Plan as depicted on the
Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this
Development Agreement.
23. MECHANICAL EQUIPMENT SCREENING: The mechanical equipment screening plan
is final. For purposes of this paragraph, "mechanical equipment" includes gas meters,
Development Agreement Smith Village Townhomes 10
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 final 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 such constructed screening does not
meet the existing 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.
24. PERFORMANCE STANDARDS: Developer agrees that the Property and Outlot A,
Legion Park 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 and Outlot A,Legion Park shall be operated so noise,vibration, dust and
dirt,smoke,odor and glare do not go beyond the Property boundary lines.No snow storage is
allowed on any parking stall space designated on the Plans.
25. SIGNS: Developers agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developers 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.
26. SITE LIGHTING: Prior to building permit issuance, Developers 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.
Developers shall complete implementation of the approved lighting plan prior to issuance of
any occupancy permit for the Property.
Development Agreement Smith Village Townhomes 11
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By
Ronald A. Case
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7th day of May,2019 by Ronald A.Case
and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
Notary Public
Development Agreement Smith Village Townhomes 12
Halley Land Corporation
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2019,by
the , of
, a , on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Development Agreement Smith Village Townhomes 13
EXHIBIT A
DEVELOPMENT AGREEMENT -SMITH VILLAGE
TOWNHOMES
Lot 5 and Outlot A, Smith Village, Hennepin County, Minnesota and Outlot A, Legion Park,
Hennepin County, Minnesota
Development Agreement Smith Village Townhomes 14
EXHIBIT B
DEVELOPMENT AGREEMENT - SMITH VILLAGE
TOWNHOMES
Exhibit B
PUD and Site Plan dated 10/29/18 by Plowe Engineering.
Grading Plan dated 10/29/18 by Plowe Engineering.
Erosion Control Plan dated 10/29/18 by Plowe Engineering.
Utility Plan—Storm Sewer dated 10/29/18 by Plowe Engineering.
Utility Plan-Watermain dated 10/29/18 by Plowe Engineering.
Utility Plan—Sanitary Sewer dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Group Usable Open Space dated 10/29/18 by Plowe Engineering.
Parking Lot landscape Analysis dated 10/29/18 by Plowe Engineering.
Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc.
Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc.
Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc.
Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc.
Tree Preservation and Removal Plan dated 10/29/18 by WSB
Landscape Plan Layout dated 10/29/18 by WSB
Plan Schedules dated 10/29/18 by WSB
Plant Schedules AP1 dated 10/29/18 by WSB
Plan Schedules AP2 dated 10/29/18 by WSB
Landscape Enlargement CB1 dated 10/29/18 by WSB
Landscape Enlargement CB2 dated 10/29/18 by WSB
Landscape Enlargement CB3 dated 10/29/18 by WSB
Landscape Enlargement CB4 dated 10/29/18 by WSB
Landscape Enlargement TH1 dated 10/29/18 by WSB
Landscape Enlargement AP1 dated 10/29/18 by WSB
Landscape Enlargement AP2 dated 10/29/18 by WSB
Landscape Enlargement AP3 dated 10/29/18 by WSB
Landscape Enlargement AP4 dated 10/29/18 by WSB
Landscape Enlargement AP5 dated 10/29/18 by WSB
Landscape Enlargement AP6 dated 10/29/18 by WSB
Landscape Enlargement AP3 dated 10/29/18 by WSB
Plant Details dated 10/29/18 by WSB
Miscellaneous Details dated 10/29/18 by WSB
Miscellaneous Details dated 10/29/18 by WSB
Development Agreement— Smith Village Townhomes 15
Architectural Site Plan dated 10/29/18 by kaas wilson architects
Floor Plans dated 10/29/18 by kaas wilson architects
Site Section dated 10/29/18 by kaas wilson architects
Exterior Elevations dated 10/29/18 by kaas wilson architects
Perspective Rendering dated 10/29/18 by kaas wilson architects
Finish Board dated 10/29/18 by kaas wilson architects
Finish Board dated 10/29/18 by kaas wilson architects
Cover Sheet dated 09/24/18 by JSSH Architects
Garage Plan dated 06/14/18 by JSSH Architects
First Floor Plan dated 10/29/18 by JSSH Architects
Second Floor Plan dated 10/29/18 by JSSH Architects
Third Floor Plan dated 10/29/18 by JSSH Architects
Fourth Floor Plan dated 10/29/18 by JSSH Architects
Fifth Floor Plan dated 10/29/18 by JSSH Architects
Roof Plan dated 09/24/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Shadow Plan
Shadow Plan
Shadow Plan
Shadow Plan
Group Usable Open Space Plan
Shared Amenity Exhibit dated 3/14/19 by Plowe Engineering [DO WE HAVE THIS AND IS
IT ACCEPTABLE I do not see this referenced anywhere in the text.]
Site Amenities Plan
Development Agreement Smith Village Townhomes 16
EXHIBIT C
DEVELOPMENT AGREEMENT - SMITH VILLAGE
TOWNHOMES
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 in accordance with Paragraph 10
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)
United Properties Development, LLC
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:
Development Agreement— Smith Village Townhomes 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. To the best of Developer's knowledge 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,
condition, or provision made herein, City may be without an adequate remedy at law.
Development Agreement Smith Village Townhomes 18
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.
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
Development Agreement Smith Village Townhomes 19
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
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.
Development Agreement Smith Village Townhomes 20
OWNERS' SUPPLEMENT TO
DEVELOPMENT AGREEMENT BETWEEN
UNITED PROPERTIES DEVELOPMENT,LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT,made and entered into as of ,2019,by
and between United Properties Development, LLC ("Owner"), and the CITY OF EDEN
PRAIRIE ("City"):
For, and in consideration of, and to induce City to adopt Resolution No. for Guide
Plan Change, Resolution No. for Planned Unit Development Concept Review,
Ordinance No. for Planned Unit Development District Review (hereinafter the
PUD) and Zoning District Change and Zoning District Change, from Public and Industrial (I-2)
to RM2.5 on acres, Resolution No. for Site Plan Review, and Resolution No.
for Preliminary Plat, as more fully described in that certain Development
Agreement entered into as of , by and between Halley Land Corporation, a
Minnesota corporation, and City("Development Agreement")pertaining to that certain Property
described on Exhibit A hereto, Owner agrees with City as follows:
Resolution No. for Guide Plan Change, Resolution No. for Planned
Unit Development Concept Review, Ordinance No. for Planned Unit Development
District Review and Zoning District Change from Public and Industrial (I-2) to RM2.5 on
acres, Resolution No. for Site Plan Review, and Resolution No. for
Preliminary Plat,
1. If Halley Land Corporation fails to commence development in accordance with
the Development Agreement and fails to obtain an occupancy permit for all of the
improvements referred to in the Development Agreement within 24 months of the
date of this Owners' Supplement, Owner shall not oppose the City's
reconsideration and rescission of Resolution No. for Guide Plan
Change, Resolution No. for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District
Review and Zoning District Change from Public and Industrial (I-2)to RM2.5 on
acres, Resolution No. for Site Plan Review, and Resolution
No. for Preliminary Plat, identified above, thus restoring the status of
the Property before the Development Agreement and all approvals listed above
were approved.
2. This Agreement and the Development Agreement shall be binding upon and
enforceable against the Property and the Owner, their successors and assigns of
Development Agreement— Smith Village Townhomes 21
the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement from the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of"Developer" in the Development Agreement. Neither the Owner or
transferee are required to develop the property in accordance with this Agreement,
so long as Owner or transferee obtain such approvals as are required by City Code
to develop the Property in a manner other than as set forth in this Agreement.
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
UNITED PROPERITES DEVELOPMENT CITY OF EDEN PRAIRIE
LLC,
By By
Its Ronald A. Case
Its Mayor
By By
Its Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
,2019,by Ronald A.Case and Rick Getschow,respectively the Mayor and the
City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said
corporation.
Notary Public
Development Agreement Smith Village Townhomes 22
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2019, by , the and by
,the of United Properties Development,LLC,a
Minnesota limited liability company, on behalf of the company.
Notary Public
Development Agreement Smith Village Townhomes 23
EXHIBIT A
OWNERS SUPPLEMENT
Legal Description
Development Agreement Smith Village Townhomes 24
DEVELOPMENT AGREEMENT
Applewood Pointe
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of May 7,
2019,by United Properties Development,LLC, a Minnesota limited liability company,hereinafter
referred to as "Developer" its successors and assigns, and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City":
WITNESSETH:
WHEREAS,Developer has applied to City for Guide Plan Change from Church/Cemetery
and Industrial (I-Gen) to Medium High Density Residential and Zoning Change from Public and
Industrial (I-GEN) to RM 2.5 Zoning District on 4.07 acres, Site Plan Review on 4.07 acres, and
Preliminary Plat of 4.07 acres into 1 lot and 1 outlot (the "Application"), legally described on
Exhibit A (hereafter referred to as the "Property"or"Applewood Pointe");
WHEREAS, Developer proposes to provide access to the Property through Outlot A,
Legions Park(hereinafter referred to as "Outlot A, Legion Park");
WHEREAS, Applewood Pointe is a 100-unit 3-, 4-, and 5-story building. The building
includes homes for seniors at least 62 years of age. Prior to occupancy of Applewood Pointe, a
Cooperative will be formed under Minnesota Statutes Chapter 515B to own Applewood Pointe.
Each member of the Cooperative will be entitled to a proprietary leave of a unit. All units will
consist of at least 2 bedrooms and most will include a den and/or sunroom. Once Applewood
Pointe has secured subscription agreement for 60% of the units construction can begin.
WHEREAS, Applewood Pointe is being developed under a common application called
Smith Village with "Trail Pointe Ridge" and "Smith Village Townhomes." The three
developments are collectively referred to herein as "Smith Village Project."
WHEREAS,CB Eden Prairie Housing Limited Partnership is the developer of Trail Pointe
Ridge, a 4-story building with 58 rental units. It is anticipated that ninety percent (90%) of these
units will be rented at rates consistent with the requirements for the use of Low Income Housing
Tax Credits. The building will include 1-bedroom, 2-bedroom, and 3-bedroom units. The
developer for Trail Pointe Ridge is hereinafter referred to as the "Trail Pointe Ridge Developer."
WHEREAS, Halley Land Corporation is the developer of Smith Village Townhomes,
which consists of two, 3-unit townhome buildings. Each of the 6 units are for-sale custom
townhomes that will be approximately 3,500 square feet with two- or three- car garages. The
developer of Smith Village Townhomes is hereinafter referred to as the"Townhomes Developer".
Development Agreement—Applewood Pointe 1
NOW, THEREFORE, in consideration of the City adopting Resolution No.
for Guide Plan Change, Resolution No. for Planned Unit Development Concept
Review, Ordinance No. for Planned Unit Development District Review and Zoning
District Change from Public and Industrial (I-2) to RM2.5 on acres, Resolution No.
for Site Plan Review, and Resolution No. for Preliminary Plat,
Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated , reviewed and approved by the City Council on
, (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. ACCESS EASEMENT AND MAINTENANCE AGREEMENT FOR THE CITY
GROUND STORAGE WATER RESERVOIR AND PUMP HOUSE: The Developer
shall provide an Access Easement and Maintenance Agreement("City Access Easement")
in favor of the City for vehicular and pedestrian ingress and egress to and from Eden Prairie
Road to the City's property ("City Property") for purposes related to accessing the City
Property and performing routine and regular maintenance, repair and operation of the
City's water facility within the City Property.
The City Access Agreement must be in the form attached hereto as Exhibit E and approved
in writing by the City Engineer. The City Access Agreement shall address joint vehicle
access and maintenance over the Property and Outlot A, Legion Park. Upon execution of
the City Access Agreement, but in any event no later than May 7, 2019, Developer shall
tender an original executed City Access Agreement to the City. Developer shall file the
executed City Access Agreement with the Hennepin County Recorder/Registrar of Title
contemporaneous with the closing of Developer's purchase of any portion of the Property
that will be encumbered by the City Access Agreement. Developer shall submit to the City
Engineer proof that the City Access Agreement has been recorded in the Hennepin County
Recorder's Office and the Registrar of Titles' Office.
The City reserves the right to clear and grade within the City Access Agreement corridor
as necessary to access the City Property if access is required prior to land alteration being
initiated by the Developer.
4. SHARED ACCESS, PRIVATE UTILITIES, STORMWATER AND
MAINTENANCE EASEMENT AGREEMENT: Prior to release by the City of the
Final Plat for the Property (the "Final Plat"), Developer shall execute a non-exclusive
Shared Access, Private Utilities, Stormwater and Maintenance Easement Agreement
(hereinafter referred to as the "Shared Access and Maintenance Agreement") over the
private infrastructure located within the Property as depicted on the Plans that provides
shared access between Applewood Pointe,the Smith Village Townhomes and Trail Pointe
Development Agreement—Applewood Pointe 2
Ridge for shared use of private streets, access and private utilities and stormwater
management facilities within the Property. The form of the Shared Access and
Maintenance Agreement must be approved in writing by the City Engineer and shall be
subject to the City Access Agreement. The Shared Access and Maintenance Agreement
shall address temporary construction access for all developers, joint vehicle access and
maintenance over the private drives, no parking on private streets, city streets and city
owned property, storm sewers, and stormwater management facilities. All of the facilities
constructed under the terms of the Shared Access and Maintenance Agreement shall be
privately owned and maintained by the Developer pursuant to the Shared Access and
Maintenance Agreement. After approval by the City, Developer shall file the Shared
Access and Maintenance Agreement with the Hennepin County Recorder's Office and the
Hennepin County Registrar of Titles' Office, as appropriate, immediately after the
recording of the Final Plat and prior to recording of any document affecting the Property
including but not limited to any mortgage granted by the Developer or owners, its
successors and/or assigns.
The Shared Access and Maintenance Agreement shall also provide a cross access and
maintenance agreement on, over, under and across Glory Lane located within Outlot A,
Legion Park, for the benefit of Lot 1, Block 1, Legion Park.
Prior to the issuance of the first permit for the Property, Developer shall submit to the City
Engineer proof that the Shared Access and Maintenance Agreement has been recorded in
the Hennepin County Recorder's Office and the Hennepin County Registrar of Titles'
Office.
5. AFFORDABLE UNITS: The Developer shall at initial sale provide 10 affordable for-sale
units within the residential units in Applewood Pointe. Three of the units shall be 2-
bedroom units occupied by residents whose annual income is at 60% or less of Hennepin
County AMI as adjusted annually, 4 of the units shall be 2-bedroom units occupied by
residents whose annual income is at 80% or less of Hennepin County AMI as adjusted
annually, and 3 of the units shall be 2-bedroom units occupied by residents whose annual
income is at 100%or less of Hennepin County AMI as adjusted annually.No income limits
are required to apply to subsequent sales of the affordable units.
The Developer shall be responsible for submitting the income and the sale price of
membership interest for each initial transaction of an affordable unit at Applewood Pointe.
6. CROSS PROGRAMMING AND SITE AMENITIES: Developer has submitted a final
outdoor Site Amenities Plan for the Property as depicted on Exhibit B Plans with respect
to the Group Usable Open Space Plan requirements. The Group Usable Open Space
requirement is met only through the granting of a wavier pursuant to Paragraph 14, item 5.
The quality of all amenities to be installed and or constructed by Developer shall be equal
to or greater than what is required by the Plans. The Developer shall construct the Site
Amenities located on the Property prior to the issuance of the first Certificate of Occupancy
for the Property. The plans for such improvements allow occupants, guests and invitees of
Applewood Pointe, Trail Pointe Ridge and Smith Townhomes shared use of all sidewalks
Development Agreement—Applewood Pointe 3
identified as "Shared Site Amenities" on the Site Amenities Plan, all amenities and
improvements shown on the Site Amenities Plan within the Property and any benches
adjacent to a sidewalk. All of these amenities shall be privately owned and maintained by
the Developer or the Trail Pointe Ridge Developer as applicable, and maintained pursuant
to the terms of the Shared Access and Maintenance Agreement. The City is not responsible
for enforcing any use of areas not identified as shared. Sidewalk signs are limited to signs
that are directional in nature such as "No Through Connection" or"No Outlet."
After issuance of a Certificate of Occupancy for all of the developments, — Applewood
Pointe,Trail Pointe Ridge and Smith Village Townhomes-the Developer shall collaborate
with the other developers of the Smith Village Project to shall provide programming
available to all residents of the Smith Village Project to promote ongoing multigenerational
interaction and to provide opportunities to build community. The programing activities
may take place throughout each year and utilize gathering spaces and other locations agreed
upon by the Developer with the other developers of the Smith Village Project. The specific
activities to be offered shall be determined by the Developer in junction with the other
developers of the Smith Village Project. In its application submission to the City,
Developer identified the following as ways to promote a sense of community, create a
unified neighborhood, and encourage cross-generational interaction the following
activities:
• Create outdoor activity days throughout the summer season that will include
organized yard games, a picnic, and gardening lessons. These dates may
coincide with the summer holidays.
• Plan and implement Night to Unite block party to be hosted at a central
gathering location within the neighborhood.
• Host a gift-wrapping event in the Craft Room during the holiday season
where residents from Smith Village can come together, enjoy hot cocoa and
wrap gifts for family and friends.
• Host a holiday pot-luck dinner and extend an invitation to the residents of
the Smith Village.
• This list is not inclusive, and the Developer will identify additional
opportunities for cross programming as the residents of the Smith Village
Project begin to call it home. Overall,the goal of the cross programming for
the Smith Village Project is to create a long-lasting and vibrant housing
community encouraging resident interaction.
The City encourages consideration of the following activities: outdoor activity days
throughout the summer months, Night to Unite, Study Buddy program where older
residents can assist students, and gatherings for various holidays throughout the year. By
February 15th of each year, Developer shall provide the City Planner with an annual report
for the preceding year identifying the cross programming events Developer has provided
during the prior year and cross programming planned by the Developer for the following
year. The report shall identify the amount of resident participation in the events. After
submission of the third annual report the Developer may meet with the City Planner to
discuss the need for future reports and whether the annual reports demonstrate sufficient
Development Agreement—Applewood Pointe 4
resident participation to justify continued cross programming activities. Based on the
contents of the reports and the discussion with the Developer the City Planner may
continue, modify or waive the reporting and/or the cross programming requirement. The
City Planner's decision is subject to Administrative Appeal to the City Council pursuant to
City Code Section 2.80.
7. FINAL PLAT: The Developer shall record the Final Plat with the Hennepin County
Recorder's Office and/or the Hennepin County Registrar of Titles' Office, as applicable,
within ninety(90) days of approval of the Final Plat by the City Council or within two (2)
years of approval of the Preliminary Plat, whichever occurs first. If the Final Plat is not
recorded within the specified time,the City Council may,upon ten(10)days'written notice
to the Developer, consider a resolution revoking the approval.
8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS
A. FINAL GRADING AND DRAINAGE PLAN: The grading and drainage plan
contained in the Plans is final. The final grading and drainage plan is a combined
single plan for the Smith Village Project. Developer is responsible for coordinating
all activities required under the final grading and drainage plan with the other
developers of the Smith Village Project. If the final grading and drainage plan
requires activities off the Property in other portions of Smith Village Project in
order for the grading and drainage plan to function as designed within the Property,
no certificate of occupancy shall be issued to Developer until such off-site work is
performed in accordance with the final grading and drainage plan. This final
grading and drainage plan includes 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 have been
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
Developers to perform the monitoring of the Project shall be responsible for all
Development Agreement—Applewood Pointe 5
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
located on the Property, 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 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.
Development Agreement—Applewood Pointe 6
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 and planting of the Stormwater
Infiltration Systems.
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
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.
Development Agreement—Applewood Pointe 7
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.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough
sediment shall be removed as needed to restore hydraulic capacity,leaving as much
of the vegetation in place as possible. Any damaged turf or vegetation shall be
reseeded or replaced. 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.
After the two year period of maintenance, the owner of the Property shall continue
to be responsible for maintenance of the Stormwater Facilities located on the
Property. 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. 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.
9. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting
to the City Engineer, copies of all necessary approvals issued by other agencies for
Applewood Pointe. 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, Riley Purgatory Bluff Creek
Development Agreement—Applewood Pointe 8
Watershed District,Hennepin County Regional Rail Authority, Three Rivers Park District,
Hennepin County Transportation, Minnesota Department of Transportation.
The City Planner may determine that conditions of approval required by Riley Purgatory
Bluff 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.
10. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the
Property except for the 3 affordable units at 60% AMI in Applewood Pointe.
11. TRASH: Developer agrees that all trash, trash receptacles and recycling bins on
Applewood Pointe shall at all times be located inside of the building enclosures depicted
on the Plans.
12. ELECTRIC VEHICLE CHARGING STATION: The Applewood Developer shall at
all times provide an electric vehicle charging station within Applewood Pointe.The electric
vehicle charging station shall be installed and operational prior to the issuance of a
Certificate of Occupancy for Applewood Pointe.
13. ENCROACHMENT AGREEMENT: A portion of the pedestrian connection and
plantings between Applewood Pointe and the Smith Douglas More House Property will be
located on City property at 8107 Eden Prairie Road(PTO 17-116-22-14-0006). Prior to the
release of the final plat, the Applewood Developer shall execute an "Encroachment
Agreement" in the form attached hereto as Exhibit D and shall file the Encroachment
Agreement with the Hennepin County Recorder and the Registrar of Title as appropriate
immediately after the recording of the Final Plat and prior to recording of any document
affecting the property including but not limited to any mortgage granted by the Developer
or owners, its successors and/or assigns.
14. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the RM-2.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD (list PUD number):
1. Density. City Code allows 17.4 units per acre. The Waiver allows 24.57 units per
acre.
2. Gross Site Area: City Code requires 2,500 square feet per unit. The Waiver allows
1,773 square feet per unit.
3. Building Height: The maximum building height in City Code is 45 feet. The
Waiver allows Applewood Pointe building to range from 2 stories to 5 stories and
66 feet 7 inches for the 5 story section.
4. Lots Without Street Frontage: All lots in the City are required to have frontage
on a public street. The Waiver allows Outlot A to not have frontage on a public
street.
Development Agreement—Applewood Pointe 9
5. Group Usable Open Space: City Code requires 600 square feet of group usable
open space per unit("GUOSPU"). The Waiver allows 405 square feet per unit. The
"GUOSPU" calculation includes interior and outdoor spaces.
6. Landscaping: Not including tree replacement, the Smith Village Project requires
973 caliper inches of landscaping. The Waiver allows the project to provide 436
caliper inches using code calculations. The Plan provides many additional trees,
shrubs, perennials and grasses. Parking: The City Code requires 2 parking spaces
per unit. The Waiver allows Applewood Pointe to have 1.62 parking stalls per unit
based on providing off-site overflow parking as required herein.
15. PUBLIC UTILITY PLANS: The plans for sanitary sewer and water main for the Smith
Village Project are final and are as depicted on Exhibit B. Plans for public infrastructures
have been submitted in a plan view and profile on 24 x 36 plan sheets consistent with City
standards. Prior to release of the Final Plat for the Property, Developer shall furnish to the
City Engineer and receive the City Engineer's written approval of a surety equal to 125%
of the cost of all said improvements within the Smith Village Project. A permit fee of five
percent of construction value shall be paid to City by Developer. The design engineer shall
provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings. Release of said surety above shall be upon
acceptance of the public utilities by the City Engineer and submission of a 25%
maintenance surety.
16. RETAINING WALLS: Plans for any retaining walls greater than four feet in height are
final and are as depicted on Exhibit B. 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 of the Developer, its successors and assigns.
17. VACATION OF DRAINAGE AND UTILITY EASEMENTS: Prior to the release of
the issuance of a land alteration permit, building permit or the release of the Final Plat for
the Property, the following shall be required: The Developer shall submit to the City
Engineer: (i)written evidence that all utility companies with infrastructure within existing
drainage and utility easements within the Property have consented to the vacation of
drainage and utility easements identified in the Plans, such document to be in form and
content acceptable to the City, and (ii) that the Developer have a written agreement with
each utility company to relocate or abandon existing utility lines if required by the utility
company. Furthermore,prior to the issuance of a land alteration permit,building permit or
release of a Final Plat for the Property(whichever occurs first),the City Council shall have
adopted a resolution vacating drainage and utility easements as presented in the Plans.
18. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property 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
Development Agreement—Applewood Pointe 10
however, City need not issue a building or occupancy permit for construction or occupancy
on the Property 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.
19. 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.
20. EXTERIOR MATERIALS: Plans for exterior materials and colors to be used on the
buildings located within the Property are final and are as depicted on Exhibit B.
Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
21. 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.
22. LANDSCAPE PLAN AND TREE REPLACEMENT: The Landscape Plan and Tree
Replacement Plan are final and are as depicted on Exhibit B. The final landscape plan
depicts the quantity, type, and size of all plant materials shown on the landscape plan on
the Exhibit B Plans. The final landscape plan includes replacement trees of a 2.5-inch
diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The
final landscape plan provides 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. The final landscape plan for the Property includes all proposed trees shrubs,
perennials, and grasses as depicted on the Exhibit B Plans. Developer shall execute the
landscape agreement contemporaneous with this Agreement.
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 on the Property including
all proposed trees, shrubs, perennials, and grasses on the Property as depicted on the
Landscape and Tree Replacement Plan on the Exhibit B Plans.
Development Agreement—Applewood Pointe 11
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 final Landscape Plan as depicted
on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this
Development Agreement.
23. MECHANICAL EQUIPMENT SCREENING: The mechanical equipment screening
plan is final. 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 final 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 such constructed screening does not
meet the existing 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.
24. PERFORMANCE STANDARDS: Developer agrees that the Property and Outlot A,
Legion Park 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 and Outlot A,Legion Park shall be operated so noise,vibration,dust and
dirt, smoke, odor and glare do not go beyond the Property and Outlot A, Legion Park
boundary lines. No snow storage is allowed on any parking stall space designated on the
Plans.
25. 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.
26. 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.
Development Agreement—Applewood Pointe 12
Developer shall complete implementation of the approved lighting plan prior to issuance
of any occupancy permit for the Property.
27. AGREEMENT TO SECURE OVERFLOW PARKING OFF-SITE DURING
EVENTS: Developer shall provide for the availability off-site parking to accommodate
anticipated parking needs when the community room locating within the Property is
reserved for an event for guests who arrive at the Property in 10 or more vehicles. By
February 15th of each year, the Developer shall provide the City Planner with a report for
the preceding year identifying the property on which Developer has obtained overflow
parking rights and the Developer's plan for the current year. The report shall also include
the number of times overflow parking was utilized in the prior year. After the third annual
report the Developer may meet with the City Planner to discuss the need for future reports
and whether the reports demonstrate sufficient parking has been available on the Property
and that provisions for overflow parking are not needed. Based on the contents of the
reports and the discussion with the Developer the City Planner may continue, modify or
waive the reporting and/or the overflow parking off-site requirement. The City Planner's
decision is subject to Administrative Appeal to the City Council pursuant to City Code
Section 2.80.
28. PUBLIC ART: The Exhibit B plans include an area designated for public art. The
Developer shall submit to the City for its approval proposals for the public art. Developer
and City shall work together to evaluate the proposals and select the art and the timing of
installation. The Developers obligations to pay for public art required hereunder shall not
exceed an aggregate total of$25,000 for the total cost of original artwork installed(which
costs includes design,engineering and landscaping for the public art). The original artwork
cost does not include the cost for bike racks.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Development Agreement—Applewood Pointe 13
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By
Ronald A. Case
Its Mayor
By
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7th day of May, 2019 by Ronald A.
Case and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie,
a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
Development Agreement—Applewood Pointe 14
United Properties Development LLC
By
Its
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2019,by
and , the and
, of United Properties Development LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
Development Agreement—Applewood Pointe 15
EXHIBIT A
DEVELOPMENT AGREEMENT - APPLEWOOD POINTE
Lot 5 and Outlot A, Smith Village, Hennepin County, Minnesota and Outlot A, Legion Park,
Hennepin County, Minnesota
Development Agreement—Applewood Pointe 16
EXHIBIT B
DEVELOPMENT AGREEMENT - APPLEWOOD POINTE
PUD and Site Plan dated 10/29/18 by Plowe Engineering.
Grading Plan dated 10/29/18 by Plowe Engineering.
Erosion Control Plan dated 10/29/18 by Plowe Engineering.
Utility Plan— Storm Sewer dated 10/29/18 by Plowe Engineering.
Utility Plan-Watermain dated 10/29/18 by Plowe Engineering.
Utility Plan— Sanitary Sewer dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Details dated 10/29/18 by Plowe Engineering.
Group Usable Open Space dated 10/29/18 by Plowe Engineering.
Parking Lot landscape Analysis dated 10/29/18 by Plowe Engineering.
Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc.
Existing Conditions Map dated 09/20/18 by E.G. Rud and Sons, Inc.
Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc.
Preliminary Plat dated 10/29/18 by E.G. Rud and Sons, Inc.
Tree Preservation and Removal Plan dated 10/29/18 by WSB
Landscape Plan Layout dated 10/29/18 by WSB
Plan Schedules dated 10/29/18 by WSB
Plant Schedules AP1 dated 10/29/18 by WSB
Plan Schedules AP2 dated 10/29/18 by WSB
Landscape Enlargement CB1 dated 11/27
/18 by WSB
Landscape Enlargement CB2 dated 10/29/18 by WSB
Landscape Enlargement CB3 dated 10/29/18 by WSB
Landscape Enlargement CB4 dated 10/29/18 by WSB
Landscape Enlargement TH1 dated 10/29/18 by WSB
Landscape Enlargement AP1 dated 10/29/18 by WSB
Landscape Enlargement AP2 dated 10/29/18 by WSB
Landscape Enlargement AP3 dated 10/29/18 by WSB
Landscape Enlargement AP4 dated 10/29/18 by WSB
Landscape Enlargement AP5 dated 10/29/18 by WSB
Landscape Enlargement AP6 dated 10/29/18 by WSB
Landscape Enlargement AP3 dated 10/29/18 by WSB
Landscape Enlargement Exhibit 2A by WSB
Plant Details dated 10/29/18 by WSB
Miscellaneous Details dated 10/29/18 by WSB
Miscellaneous Details dated 10/29/18 by WSB
Architectural Site Plan dated 10/29/18 by kaas wilson architects
Floor Plans dated 10/29/18 by kaas wilson architects
Site Section dated 10/29/18 by kaas wilson architects
Development Agreement—Applewood Pointe 17
Exterior Elevations dated 10/29/18 by kaas wilson architects
Perspective Rendering dated 10/29/18 by kaas wilson architects
Finish Board dated 12/19/18 by kaas wilson architects
Finish Board dated 12/18/18 by United Properties
Cover Sheet dated 09/24/18 by JSSH Architects
Garage Plan dated 06/14/18 by JSSH Architects
First Floor Plan dated 10/29/18 by JSSH Architects
Second Floor Plan dated 10/29/18 by JSSH Architects
Third Floor Plan dated 10/29/18 by JSSH Architects
Fourth Floor Plan dated 10/29/18 by JSSH Architects
Fifth Floor Plan dated 10/29/18 by JSSH Architects
Roof Plan dated 09/24/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Exterior Elevations dated 10/29/18 by JSSH Architects
Shadow Plan
Shadow Plan
Shadow Plan
Shadow Plan
Group Usable Open Space Plan
Shared Amenity Exhibit dated 3/14/19 by Plowe Engineering [DO WE HAVE THIS AND IS
IT ACCEPTABLE. I do not see this referenced anywhere in the text.]
Site Amenities Plan
Development Agreement—Applewood Pointe 18
EXHIBIT C
DEVELOPMENT AGREEMENT - APPLEWOOD POINTE
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 the Property in accordance with Paragraph 10 as
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 Developer, 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:
Development Agreement—Applewood Pointe 19
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. To the best of Developer's knowledge after due inquiry 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,
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
Development Agreement—Applewood Pointe 20
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. Prior to the commencement of any improvements, Developer shall 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 1/2 by 6 inch sign or decal reading
"Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top
of the post.
Within 10 days of the approval of the Development this Agreement, the Developer shall
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Development Agreement—Applewood Pointe 21
appropriate. 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
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.
Development Agreement—Applewood Pointe 22
EXHIBIT D
DEVELOPMENT AGREEMENT — APPLEWOOD POINTE
ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC
PROPERTY
This Encroachment Agreement For Private Use of Public Property (hereinafter "Encroachment
Agreement") is made this day of , 2019, between the CITY OF EDEN
PRAIRIE, Minnesota, a municipal corporation (the "City"), and United Properties Development
LLC, a Minnesota limited liability company(the "Owner").
RECITALS:
A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota(the
"Owner's Property"), legally described as follows:
See Exhibit A attached hereto and made a part hereof.
B. The Owner's Property abuts 8107 Eden Prairie Road(PID 17-116-22-14-0006) (the Public
Property) as depicted Exhibit B (hereinafter the "Plan").
C. Owner and City have entered into the certain Development Agreement dated the
day of , 2019 (hereinafter "Development Agreement") for the development named
Applewood Pointe.
D. The Development Agreement requires this Encroachment Agreement.
E. The Owner desires to construct a 6 foot wide concrete sidewalk and place plantings within
the Public Property-(the"Improvements") as identified in the Plan and Exhibit A.
F. City is willing to permit the Improvements as depicted on the Plan, subject to the terms and
conditions of this Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
1. The recitals set forth above are incorporated herein.
2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach
on the Public Property,
3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the
responsibility to maintain, repair, replace and re-construct the Improvements, including but not
limited to; the pavement, snow and ice removal, all in accordance with all applicable laws and
Development Agreement—Applewood Pointe 23
regulations (collectively referred to as "Maintenance") in the location identified on the Plan in the
locations and subject to the terms set forth below in paragraph 4. The City shall retain the right to
manage the Public Property as provided in state statutes and city code. The City shall also retain
the right to approve the Maintenance and direct the Owner to correct any deficiencies in the
Maintenance.
4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be
that of the Owner. The Owner shall perform, as and when necessary, and pay the cost for, such
maintenance of the Improvements as may be reasonably necessary to maintain the Improvements
in good and aesthetic condition and repair.
5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its
employees, contractors, agents, representatives, elected and appointed officials, and attorneys
harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees,
arising from,based on,or related to the encroachment of the Improvements on the Road,including,
but not limited to, any claim asserted against the City as a result of the installation, placement,
building erection,maintenance,occupation or use of the Improvements and/or failure of the Owner
to maintain the Improvements in such a condition as to prevent against injury to persons or
property.
6. INSURANCE. Owner shall maintain a public liability insurance policy, naming
City as an additional insured, which provides coverage for damage to the property of others or
injury or death to persons. Such coverage shall be on an occurrence basis and shall include
contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said
policy shall contain a clause which provides the insurer will not change, non-renew, or materially
change the policy without first providing the City thirty(30) days prior written notice. The Owner
shall provide the City with a Certificate of Insurance for such coverage that specifically details the
conditions in Paragraphs 5 and 7 of this Agreement.
7. WAIVER OF CLAIMS. The Owner acknowledges the City's ownership of the
Road and knowingly and voluntarily waives and releases any and all claims against the City arising
from, based on, or related to Owner's being permitted to maintain the encroachment of the
Improvements on the Road as permitted by this Agreement, including but not limited to claims of
abandonment, diminution in value, takings and contractual claims arising out of this Agreement,
except any claims which are the result of the sole negligence or willful misconduct of the City or
its employees or agents. The Owner acknowledges being represented by legal counsel in
connection with this Agreement, and that the Owner has read and understands the terms of this
Agreement.
8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has
made no representations or warranties regarding the condition of the Public Property or its
suitability for the uses permitted by this Agreement.
9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as
creating or establishing any vested right of the Owner to the area encroached upon.
Development Agreement—Applewood Pointe 24
10. Termination of Agreement. Notwithstanding anything to the contrary contained in this
Agreement,the City may terminate this Agreement on sixty(60)days written notice to Owner(the
"Termination Notice"). Within sixty (60) days of the date of the Termination Notice, the Owner
shall remove the sidewalk from the Public Property. The Owner shall not be permitted to increase
the amount or scope of the encroachment.
11. Owner hereby agrees to the following additional conditions:
A. The Improvements shall be located as depicted in the Plan.
B. The design of the Improvements shall be subject to the terms of the
Development Agreement. The location of the Improvements shall be as
depicted in the Plan.
C. Owner shall secure from City all required municipal permits prior to any
construction within the Public Property including a right-of-way permit.
D. Drainage from Owner's and all adjacent properties shall at no time be
impeded or blocked due to the Improvements.
E. The Improvements and all work completed in relation thereto shall be in
accordance with the City's current standards and ordinances and other
applicable laws and/or regulations.
12. BINDING EFFECT. Except as hereinafter provided,this Agreement shall run with
the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors
and assigns.
13. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions
relating to the Improvements and replaces any oral agreements or other negotiations between the
parties. No modifications of this Agreement shall be valid until they have been placed in writing
and signed by all parties hereto.
14. RECORDING. The Owner shall cause this Agreement to be filed for record with
the Hennepin County Recorder and Registrar of Title (as applicable) within 30 days of its
execution by the Owner and the City. Evidence of filing shall be provided to the City within 30
days thereafter.
Development Agreement—Applewood Pointe 25
CITY OF EDEN PRAIRIE
By:
Ronald A. Case, Mayor
By:
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7th day of May, 2019, by Ronald A.
Case and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie,
Minnesota, a municipal corporation, on behalf of the corporation.
NOTARY PUBLIC
Development Agreement—Applewood Pointe 26
United Properties Development LLC
By:
Its:
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7th day of May, 2019, by
and , the and
of United Properties Development LLC, a Minnesota limited liability
company, on behalf of the company.
NOTARY PUBLIC
This instrument was drafted by:
Richard F. Rosow, Esq.
Gregerson, Rosow, Johnson&Nilan, Ltd.
650 Third Avenue South, Suite 1600
Minneapolis, MN 55402-4337
Telephone: (612) 436-7477
Development Agreement—Applewood Pointe 27
EXHIBIT A
Legal Description
Lot 5, Block 1, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota
Development Agreement—Applewood Pointe 28
EXHIBIT B
Legal Description of City Property
That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22,
described as follows: Commencing at the Northwest corner of said quarter quarter; thence South
along the West line of said quarter quarter distant 316.0 feet to the actual point of beginning,thence
East parallel with the North line of said quarter quarter distance 357.0 feet; thence South parallel
with the West line of said quarter quarter distant 242.0 feet; thence West parallel with the North
line of said quarter quarter distant 357.0 feet; thence North along the West line of said quarter
quarter distant 242.0 feet to the point of beginning, Hennepin County, Minnesota.
Development Agreement—Applewood Pointe 29
EXHIBIT E
DEVELOPMENT AGREEMENT - APPLEWOOD POINTE
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
FOR GROUND STORAGE WATER RESERVIOR AND PUMP
HOUSE
Development Agreement—Applewood Pointe 30
ACCESS EASEMENT AND MAINTENANCE AGREEMENT
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT (this "Agreement")
is made as of , 2019, by and between United Properties Development LLC, a
Minnesota limited liability company(hereafter referred to as the "Grantor"), and the City of
Eden Prairie, a Minnesota municipal corporation("Grantee").
RECITALS
WHEREAS, Grantor is the fee owner of that certain real property commonly known as 16397
Glory Lane, Eden Prairie, Minnesota, legally described on Exhibit A-1 and Exhibit A-2
attached hereto (the "UPD Property");
WHEREAS, Grantee is the owner of that certain real property located in Eden Prairie
Minnesota, legally described on Exhibit B attached hereto (the "City Property"). The City
Property is adjacent to the UPD Property and will contain a water storage facility(the
"Facility"); and
WHEREAS, Grantee wishes to obtain an easement for vehicular and pedestrian access to and
from Eden Prairie Road over a portion of the UPD Property , as described on Exhibit C and
generally depicted on Exhibit D attached hereto (the "Access Easement Area"), for the
purpose as more fully described in this Agreement.
GRANT OF EASEMENT
NOW THEREFORE, in consideration of and to memorialize the Recitals set forth above,
which are incorporated herein by this reference, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Grantors and Grantee hereby agree as
follows:
1. Grant of Access Easement. Subject to the terms and conditions set forth herein,
Grantor hereby grants to Grantee, its successors and assigns, a perpetual non-exclusive easement,
appurtenant to and for the benefit of the City Property, over the Access Easement Area for,
vehicular and pedestrian ingress and egress to and from Eden Prairie Road to the City Property,
solely for purposes related to the City's: (i) access to the City Property, and (ii) performance of
routine and regular maintenance,repair and operation of the Facility and the City Property and for
no other purpose ("Easement"). Grantee shall not permit any claim, lien or other encumbrance
arising from Grantee's use, maintenance, repair or operation of the Facility to accrue against or
attach to the Access Easement Area or UPD Property. In the exercise of its rights to the Easement,
Grantee: (i) shall use reasonable efforts to avoid causing any damage to the UPD Property or the
improvements located thereon or any interference with the use of UPD Property by Grantor; and
(ii) may use commercial, heavy or large machinery, trucks or vehicles on or over the Access
Easement Area only for maintenance and operation of the Access Easement and the City Property.
Grantee shall not use the Access Easement Area as access for vehicles or pedestrian use in
connection with construction of any future expansion of facilities on the City Property. Grantor
shall not interfere in Grantee's use of the Access Easement Area.
Development Agreement—Applewood Pointe 31
2. Maintenance of Access Easement Area. As between Grantor and Grantee, the
Access Easement Area shall be maintained and repaired by Grantor, as Grantor deems necessary
in its reasonable discretion, and at Grantor's sole cost. Grantor shall construct on the Access
Easement Area paved access from Glory Lane to the City Property. If the Access Easement Area
or the UPD Property is damaged by the actions of Grantee, its employees or contractors, Grantee
shall be obligated to promptly repair such damage at Grantee's sole cost and expense.
3. Notices. Any notices to be given to the party's shall be deemed effective upon
actual receipt if hand delivered or upon the third day after postmark by U.S. or certified mail,
return receipt requested, to the address set forth below:
If to UPD: United Properties Development LLC
651 Nicollet Mall, Suite 450
Minneapolis, MN 55402
If to Grantee: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Each party shall the right from time to time and at any time upon at least fifteen(15) days'
prior written notice thereof in to change its respect address and to specify any other address;
provided, however, notwithstanding anything herein contained to the contrary, in order for the
notice of address to change to be effective, it must actually have been received.
4. Insurance. Grantor and Grantee shall cause its commercial general liability
insurance policy in effect for the UPD Property and City Property, respectively, to extend to and
include the Access Easement Area, thereby insuring against claims for bodily injury, death or
property damage occurring on or from Grantor's and Grantee's use of the Access Easement Area.
5. Indemnification.
(a) By Grantee. Grantee shall defend, indemnify, and hold harmless Grantor
and its owners, officers, members, managers, employees, and agents from and against any
and all claims, demands, actions, suits, judgments, losses, damages, expenses, penalties,
fines, sanctions, court costs, litigation costs, and reasonable attorneys' fees arising out of
or relating to any destruction of or damage to any property or any injury to or death of any
person arising out of use, maintenance or repair of the Access Easement Area by Grantee,
its employees, agents, tenants, contractors or suppliers, except to the extent that such loss
is the result of negligence, gross negligence or willful misconduct by a Grantor.
(b) By Grantor. Grantor shall defend, indemnify, and hold harmless Grantee
from and against any and all claims, demands, actions, suits,judgments, losses, damages,
expenses,penalties, fines, sanctions, court costs, litigation costs, and reasonable attorneys'
fees arising out of or relating to any destruction of or damage to any property or any injury
to or death of any person arising out of use, maintenance or repair of the Access Easement
Area by Grantor, its employees, agents, tenants, contractors or suppliers, except to the
Development Agreement—Applewood Pointe 32
extent that such loss is the result of negligence, gross negligence or willful misconduct by
Grantee.
6. Ownership of Property. Grantor represents and warrants that it is the lawful owner
of a fee simple interest in the UPD Property. Grantee represents and warrants that it is the lawful
owner of a fee simple interest in the City Property.
7. Amendment. This Agreement may only be amended in a writing executed by all
parties hereto.
8. Waiver. The waiver or failure to enforce any provision of this Agreement shall not
operate as a waiver of any future breach of such provision or any other provision hereof. No
waiver shall be binding unless executed in writing by the party making the waiver. The failure of
either party to insist on strict compliance with any of the terms, covenants, or conditions of this
Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition.
9. Enforceability. If any provisions of this Agreement or the application thereof to
any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this
Agreement and the application of such provisions to other persons or circumstances shall not be
affected thereby and shall be enforced pursuant to the terms of this Agreement.
10. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of Minnesota.
11. Counterparts. This Agreement may be executed in counterparts, each of which
shall constitute an original and all of which together shall constitute one and the same instrument.
12. Attorneys' Fees. Should any action or proceeding be necessary to construe or
enforce the terms and conditions of this Agreement, or the rights and duties of the parties
hereunder, then the prevailing party shall be entitled to recover all court costs and reasonable
attorneys' fees.
13. Covenant Running with the Land. The provisions and conditions of this Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and assigns, and shall constitute a covenant running with the land. Notwithstanding the foregoing,
in the event the Grantee is no longer utilizing the Easement for the express and limited purpose
intended by this Agreement, the Easement shall terminate, this Agreement shall be of no further
force or effect and the parties agree to execute a mutually acceptable termination of this Agreement
and the Easement.
14. Not a Public Dedication. Nothing herein contained shall be deemed to be a
dedication of any portion of UPD Property or any portion of the Access Easement Area to the
general public, or for any public use or purpose whatsoever. Except as herein specifically
provided, no right or privilege of any party hereto shall inure to the benefit of any third party nor
shall any third party be deemed to be a beneficiary of any of the provisions contained herein.
Development Agreement—Applewood Pointe 33
IN WITNESS WHEREOF, Grantor and Grantee have executed and delivered this
Agreement as of the date first written above.
GRANTOR:
UNITED PROPERTIES DEVELOPMENT LLC,
a Minnesota limited liability company
By:
Name:
Its:
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me, a notary public, this 7th day of May, 2019, by
and , the and
, respectively of United Properties Development LLC, a Minnesota
limited liability company, on behalf of the company.
Notary Public
Development Agreement—Applewood Pointe 34
DMNORTH#6791426 v2
GRANTEE:
CITY OF EDEN PRAIRIE
By:
Name:
Its:
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me, a notary public, this 7TH day of May, 2019, by
Ronald A. Case, and Rick Getschow, the Mayor and City Manager, respectively, of the City of
Eden Prairie
Notary Public
Development Agreement—Applewood Pointe 35
DMNORTH#6791426 v2
EXHIBIT A -1
Legal Description of UPD Property
Lot 5, Block 1, Smith Village, and Outlot A, Legion Park, Hennepin County, Minnesota
Torrens Property
Development Agreement—Applewood Pointe 36
DMNORTH#6791426 v2
EXHIBIT B
Legal Description of City Property
That part of Tracts A and B described below:
Tract A. The west 800 feet of the North Half of the Southwest Quarter of the Northwest Quarter
of Section 16, Township 116 North,Range 22 West,Hennepin County,Minnesota;
excepting therefrom the right of way of the Chicago and North Western Transportation
Company(formerly the Minneapolis and St. Louis Railroad)as now located and
established and that part of the east 740 feet of the Southeast Quarter of the Northeast
Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County,
Minnesota, lying southerly and easterly of the southeasterly right of way line of the
Chicago and North Western Transportation Company(formerly the Minneapolis
and St. Louis Railroad) as now located and established and northerly of the
northerly right of way line of Scenic Heights Road as now located and established,
lying westerly of a line run parallel with and distant 100 feet southeasterly of the
following described line: Beginning at a point on the east and west quarter line of
said Section 17, distant 334.92 feet west of the east quarter corner thereof; thence
run northeasterly at an angle of 57 degrees 06 minutes 56 seconds from said east
and west quarter line (measured from east to north) for 1700 feet and there
terminating;
Tract B. Lots 17, 18, 19, 20 and 21, Block 1, Eden School Addition, according to the plat
thereof on file and of record in the office of the County Recorder in and for Hennepin
County, Minnesota;
which lies within Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B 18 as shown on Minnesota
Department of Transportation Right of Way Plat No. 27-84 as the same is on file and
of record in the office of the County Recorder in and for said Hennepin County; thence
southwesterly on an azimuth of 223 degrees 10 minutes 44 seconds along the boundary
of said plat for 1497.23 feet to Right of Way Boundary Corner B 17 and the point of
beginning of Line 1 to be described; thence on an azimuth of 43 degrees 10 minutes 44
seconds along the boundary of said plat for 631.32 feet;thence on an azimuth of 202
degrees 38 minutes 18 seconds for 133.74 feet; thence on an azimuth of 213 degrees 42
minutes 09 seconds for 1495.75 feet;thence on an azimuth of 277 degrees 04 minutes
20 seconds for 363.00 feet; thence on an azimuth of 43 degrees 11 minutes 00 seconds
for 1183.17 feet to the point of beginning;
containing 6.55 acres,more or less;
Development Agreement—Applewood Pointe 37
DMNORTH#6791426 v2
EXHIBIT C
INGRESS/EGRESS EASEMENT DESCRIPTION
A 22.00 foot wide perpetual easement for ingress and egress purposes over and across part of
Outlot A and Lots 2 and 3, Block 1, all in LEGION PARK, Hennepin County, Minnesota. The
centerline of said easement is described as follows:
Commencing at the southwest corner of said Outlot A, thence on an assumed bearing
of North 00 degrees 24 minutes 49 seconds East, along the west line of said Outlot A,
a distance of 22.37 feet to the point of beginning of the centerline to be described;
thence South 89 degrees 35 minutes 11 seconds East a distance of 171.27 feet; thence
northeasterly a distance of 87.18 feet along a tangential curve concave to the
northwest, having a radius of 111.00 feet and a central angle of 45 degrees 00
minutes 00 seconds; thence North 45 degrees 24 minutes 49 seconds East, tangent to
said curve, a distance of 82.61 feet; thence northeasterly a distance of 76.74 feet
along a tangential curve concave to the southeast, having a radius of 262.00 feet and
a central angle of 16 degrees 46 minutes 58 seconds to a point of compound
curvature; thence easterly a distance of 32.32 feet along a compound curve concave
to the south, having a radius of 26.00 feet and a central angle of 71 degrees 13
minutes 49 seconds; thence South 46 degrees 34 minutes 24 seconds East, tangent to
last described curve, a distance of 45.02 feet to a point hereinafter referred to as
"Point A", and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate on said west line
of Outlot A.
AND
A 10.00 foot wide perpetual easement for ingress and egress purposes over and across
part of Lot 2, Block 1, LEGION PARK, Hennepin County, Minnesota. The centerline of
said easement is described as follows:
Commencing at the aforementioned "Point A"; thence North 43 degrees 25 minutes
36 seconds East a distance of 2.63 feet to the point of beginning of the centerline to be
described; thence South 46 degrees 34 minutes 24 seconds East a distance of 4.11
feet; thence southeasterly a distance of 21.10 feet along a tangential curve concave to
the northeast, having a radius of 55.00 feet and a central angle of 21 degrees 58
minutes 37 seconds; thence South 68 degrees 33 minutes 01 seconds East, tangent to
said curve, a distance of 76.39 feet; thence southeasterly a distance of 18.75 feet along
a tangential curve concave to the southwest, having a radius of 100.00 feet and a
central angle of 10 degrees 44 minutes 38 seconds to the southeasterly line of said Lot
2 and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate on said
southeasterly line of Lot 2.
Development Agreement—Applewood Pointe 38
DMNORTH#6791426 v2
EXHIBIT D
Depiction of Access Easement Area
EDEN PRAIRIE ROAD
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Development Agreement—Applewood Pointe 39
DMNORTH#6791426 v2
EXHIBIT F
DEVELOPMENT AGREEMENT - APPLEWOOD POINTE
Legal Description of City Property
That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22,
described as follows: Commencing at the Northwest corner of said quarter quarter; thence South
along the West line of said quarter quarter distant 316.0 feet to the actual point of beginning,thence
East parallel with the North line of said quarter quarter distance 357.0 feet; thence South parallel
with the West line of said quarter quarter distant 242.0 feet; thence West parallel with the North
line of said quarter quarter distant 357.0 feet; thence North along the West line of said quarter
quarter distant 242.0 feet to the point of beginning, Hennepin County, Minnesota.
Development Agreement—Applewood Pointe 40
DMNORTH#6791426 v2
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Matt Bourne, Parks and Accept Quotes and Award Contract to
Natural Resources Manager, Midwest Playscapes for the Round Lake VIII. D.
Parks and Recreation Safety Surfacing Replacement
Requested Action
Move to: Accept quotes and award contract to Midwest Playscapes for the Replacement of
Safety Surfacing at Round Lake Park Play Area at a total cost of$92,010.69.
Synopsis
The safety surfacing in and around the playground and splash pad areas were installed during the
reconstruction of the beach and playground as part of the first phase of the Round Lake Park
Master Plan project. The elaborate design of the surfacing has led to many issues over the last
few years and has caused the surfacing to fail in many areas. Staff worked with the installer to
make repairs where possible, but the large amount of issues has led to the entire surfacing having
to be replaced. After meeting with the original contractor, Flagship Recreation, as well Midwest
Playscapes to research multiple different products available that can withstand the unique
environment of a chlorinated splash pad, staff feels that the product offered by Midwest
Playscapes should have better success. The installer hopes to have the replacement completed by
our annual opening day of the splash pad of Labor Day weekend.
Summary of Quotes
Contractor Quote
Midwest Playscapes 92,010.69
Flagship Recreation 99,706.00
Attachment
Standard Agreement for Contracted Services—Midwest Playscapes
2017 06 01
Agreement for Contract Services
This Agreement ("Agreement") is made on the 7th day of May, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Midwest Playscapes, a Minnesota business (hereinafter "Contractor")
whose business address is 8632 Eagle Creek Circle, Savage, MN 55378.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
removal, disposal, supply and installation of the Poured in Place at Round Lake Play Area and
Splash Pad hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of May
7, 2019. The Agreement shall continue for one (1) year thereafter. The project completion
must be completed by May 31, 2019 ready for owner inspection.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City's no smoking policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. Compensation for Services. City agrees to pay the Contractor a fixed sum of$92,010.69 as
full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
5. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. 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."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
6. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
Standard Agreement for Contract Services 2017 06 01.01
Page 2 of 11
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
Standard Agreement for Contract Services 2017 06 01.01
Page 3 of 11
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance
of the Work.
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coverages required herein.
1. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten(10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-,unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
Standard Agreement for Contract Services 2017 06 01.01
Page 4 of 11
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's
right to enforce the terms of Contractor's obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City(including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen(15) days of receiving
notice from the City.
9. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
10. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Standard Agreement for Contract Services 2017 06 01.01
Page 5 of 11
Agreement, from the date of City's written acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
11. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
Standard Agreement for Contract Services 2017 06 01.01
Page 6 of 11
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
12. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
13. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating 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
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
Standard Agreement for Contract Services 2017 06 01.01
Page 7 of 11
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties,unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
Standard Agreement for Contract Services 2017 06 01.01
Page 8 of 11
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data 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 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 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.
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.
Standard Agreement for Contract Services 2017 06 01.01
Page 9 of 11
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By:
Its:
Standard Agreement for Contract Services 2017 06 01.01
Page 10of11
Exhibit A
M I DW EST direct: 952.895.8888
-■ P LAYSCA P ES tax:952.8 5.847.1452
8652 Lagle Creek Circle.Savage. MN 55378
www.MIDWESTPLAYSCAPES.com playscapes@earthlink.net
Quotation (.4 n sass��
Project Round Lake Park/City of Eden Prairie Phone: 952-949-8536
Contact:Eill Olmschenk Fax:
Ship To: 16691 Valley View Rd Bill To: 15150 Technology Drive
Eden Prairie.mN 55346 Eden Prairie,MN 55344
Email: holmsctlenk(Medenorairie.Orq
Shipping Contact Name: Date: 3/26/2019
Qty Design/Item 4 Description Total
2293 sq ft PIP Splash Pad S 29.177.33
1 f2"Thickness Dura Splash-100%Color-2 scheme($12.73/sq ft)
(Colors:2 Blue Shade Mix)
1 To Scarify the Surface in Splash Pad area if needed S 3.350.00
4052 sq ft PIP Play Area S 59,483.36
3-1 f4"Thickness Duraplay(50%Tan 150%Black)($14.68/sq ft)
No Design
Subtotal $ 92.010.69
Freight $
Tax Exempt# 'Please provide certificate Sales Tax $ -
Total S 92.010.69
NOTE:Price includes 6'Construction Fence for the duration of the project. Removal&disposal of the old existing rubber.
Existing concrete base to remain. Installation of all materials included.
NOTE:For pricing above both projects need to be purchased and completed at the same time. Any additional sq footage
will be prorated and added to the total price.
NOTE:Any Insurance requirements above$1,000,000 General Liability will be subject to a surcharge
NOTE:UNLESS OTHERWISE NOTED,prices shown arc material only.They DO rlOT include:assembly,installation,border,safety surfacing,
drain tile,geolantile Fabric,removal of existing equipment,site preparation,excavation or sitc restoration,unloading of equipment,disposal of
packaging material.storage of equipment,additional insurance and bonding would be extra,unless whcrwisc staled above.If playground
equipment or materials are stored off site,customer is responsible for transporting equipment to job site.
Prices firm far bit dove,sublerr to review theteafler. Our heroes are net SO. A finance chow of 1.3%will be imposed on the outstanding balance unpaid
fur•wore than SO days after the shipment of materials.Equipment shall be invoiced seperately from other services and shall be payable in advance
of those-services acid project completion.Retalriage not nceepted.Once custOmei'has signed quotation.your order cannot he changed or canceled.Please
allow 3k,4 weeks far delivery after receipt of order, Standard manufacturing design,specification,,and construction apply unless noted otherwise. Customer
is responsible for the identification and marking of all underground utilities(public or private)to include drain tile and sprinkler systems.Area must be
accessible to Bobcat and other equipment necessary for installation or additional fees will be charged.Freight quote is based on customer unloading
egnipmetrl and checking in all equipment for any missing parrs.If product is refitted by customer upon delivery for any reason(unless damaged),
without prior rti�tthawr�,1I from hliglu�s 'Iut:stwpes.Inc the customer agrees to pay 71!%restocking lee plus freight charges.
Price does not r lrsilrrtx es. less otherwise noted. If we can be of Other Assistance,please feel free to contact us.
'4111111111
Signed: Accepted t
Bruce Pudwlli Data:
Printed Name:
Standard Agreement for Contract Services 2017 06 01.01
Page 11 of 11
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. :
Human Resources Direct Staff to not Waive the Monetary Limits
Alecia Rose, Administrative on Tort Liability Established by Minnesota VIII. E.
Services/HR Director Statutes 466.04
Requested Action
Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota
Statutes 466.04.
Synopsis
The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust.
Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits
to the extent of the coverage purchased. Staff recommends that the City choose not to waive.
Attachment
Waiver Form
0
LEAGUE OF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
LIABILITY COVERAGE—WAIVER FORM
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust(LMCIT)
must complete and return this form to LMCIT before the member's effective date of coverage. Return
completed form to your underwriter or email to pstechAlmc.org.
The decision to waive or not waive the statutory tort limits must be made annually by the
member's governing body, in consultation with its attorney if necessary.
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits
to the extent of the coverage purchased. The decision has the following effects:
• If the member does not waive the statutory tort limits, an individual claimant could recover no more than
$500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single
occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
would apply regardless of whether the member purchases the optional LMCIT excess liability coverage.
• If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant
could recover up to$2,000,000 for a single occurrence(under the waive option, the tort cap liability limits are
only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is
$2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply
would also be limited to$2,000,000, regardless of the number of claimants.
• If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for
a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
LMCIT Member Name: (iJ!+ 't
Check one:
►! The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. §
466.04.
❑ The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. 466.04, to
the extent of the limits of the liability coverage obtained from LMCIT.
Date of member's governing body meeting: \ c Y) l
Signature: Position:
145 UNIVERSITY AVE.WEST PHONE:(651)281-1200 FAX:(651)281-1299
ST. PAUL, MN 55103-2044 TOLL FREE:(800) 925-1122 WEB:WWWLMC.OILG
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 04-5632 ITEM NO.:
Mary Krause Approve Professional Services Agreement with VIII. F.
Public Works/Engineering HTPO for Pioneer Trail Reconstruction
Improvement Project
Requested Action
Move to: Approve Professional Services Agreement with HTPO for Pioneer Trail
Reconstruction Improvement Project.
Synopsis
This Professional Services Agreement will provide preliminary design services for the
reconstruction of Pioneer Trail. Pioneer Trail is a looped city street that takes access to CSAH
#1 (Pioneer Trail) at both its east and west termination points. A feasibility study was ordered by
City Council on September 7, 2004 for this project.
Background Information
Pioneer Trail is currently a paved bituminous street in poor condition that does not have concrete
curb and gutter or a storm sewer system. The pavement management system that is utilized to
assist in assessing the pavement conditions of the City street system has identified this street as a
candidate for reconstruction. The recently approved Abra Auto Body project abuts a portion of
Pioneer Trail in this area.
Financial Implications
Project costs will be funded through a combination of funding sources including special
assessments, Pavement Management and Storm Water Utilities.
Attachment
Professional Services Agreement
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the day of , 20 , 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.,
("Consultant"), a Minnesota corporation (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 Preliminary Design of Pioneer Trail (l.C. 04-5632) 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 (HTPO Ietter dated March 28, 2019) in connection with the Work. Exhibit A is
intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be
in effect in any manner.
2. Term. The term of this Agreement shall be from May 7, 2019 through December 31,
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 $28,500 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 th.e City Council. The City will not
pay additional compensation for services that do not have prior written
authorization.
Version 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.
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) clays
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
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 CO 00 01 12 07 or CO 00 0I 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
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
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 ❑r
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 9ofi0 2017 06 01
xi),; , -
II Engineering Surveying
" Landscape Architecture
� ]
March 28, 2019
Ms. Mary Krause
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
RE: Pioneer Trail Reconstruction
Dear Mary,
HTPO is pleased to provide this updated proposal for civil engineering
services to assist City staff with the feasibility and preliminary design
phase for the reconstruction of the old section of Pioneer Trail. The
previous professional services agreement for this project expired
December 31, 2018.
SCOPE OF SERVICES
We propose to provide the following services:
1. Feasibility Study and Preliminary Design
Includes review of current plans for adjacent development and
coordination for pond upsizing, review of stormwater
management options and coordination with watershed district,
preliminary stormwater management and storm sewer design,
update road design, update sanitary sewer and watermain
design, review of parking and access needs, identify required
easements, update of exhibits and cost estimates for feasibility
report, preparation of feasibility report narrative and
assessment tabulation, preparation of color presentation
drawings, attendance at two neighborhood meetings and two
MAC coordination meetings.
SCHEDULE
We assume that all work will be completed by December 31,2019.
COMPENSATION
Compensation for those items described in the Scope of Services above
is estimated as follows:
7510 Market Place Drive
Eden Prairie, MN 55344 Services Estimated Fee
952-829-0700 1. Preliminary Design $28,000
952-829-7808 fax Estimated Reimbursable Expenses $ 500
www.htpo.com Total $28,500
HANSEN THORP PELLINEN OLSON, INC.
Page 2 of 2
RE: Pioneer Trail Reconstruction
March 28,2019
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.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN TFiORP PELL1NEN OLSON, 11VC.
datAt. a 9,4„,
Laurie A.iohnso , PE Adam Pawelk, PE
President Project Engineer
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 15-5901 ITEM NO.:
Leslie Stovring Approve Professional Services Agreement with VIII. G.
Engineering Division/Water Blue Water Science for the 2019 Water Quality
Resources Monitoring Program
Requested Action
Move to: Approve Professional Services Agreement with Blue Water Science for the 2019
Water Quality Monitoring Program in the amount of$27,100.
Synopsis
The proposal from Blue Water Science continues the City's ongoing monitoring program to help
manage our lakes and ponds. Monitoring is conducted annually to evaluate water quality trends
in relation to maintaining the status of our lakes in relation to impaired waters criteria. In
addition, the monitoring is used to assess lakes for treatment options such as harvesting and the
use of alum to improve water quality. The costs of water quality improvement and monitoring
projects are paid out of the stormwater utility.
Background Information
The budget for the water quality sampling program was established in the City's Local Water
Management Plan. City staff have met with the Nine Mile Creek (NMCWD) and Riley-
Purgatory-Bluff Creek (RPBCWD) Watershed Districts to discuss projects proposed for the
upcoming year in order to coordinate activities and avoid duplication. A request for proposal
was sent to Wenck & Associates, WSB & Associates, Fortin Consulting and Blue Water
Science. The following actions are proposed:
• Vegetation sampling for Purgatory Creek Park to provide information regarding the extent of
invasive species within the wetland and ponding area.
• Water quality sampling for Idlewild, Mitchell, Red Rock, Round and Birch Island Lakes.
This will help monitor water quality conditions for comparison with improvement projects
and research studies that are currently ongoing in the watersheds by the City and Districts.
The estimated cost is $27,100 and will be paid from the storm water utility fund.
Attachment
Agreement for Professional Services
2017 06 01
Agreement for Professional Services
This Agreement ("Agreement") is made on the 25 day of April , 2019, between
the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and Blue Water Science ("Consultant"), a
Minnesota corporation (hereinafter "Consultant") whose business address is
550 South Snelling Avenue, St Paul, MN 55116
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 2019 Lake Sampling Program 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 (2019 Lake Sampling Program ) in connection with the
Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any
general or specific conditions, terms, agreements, consultant or industry proposal, or
contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are
deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from May 6, 2019 through
March 31,2020 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 $ 27,100 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 maybe terminated by either party by seven(7)days written
notice delivered to the other party at the address written above. Upon termination under
this provision,if there is no fault of the Consultant,the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however,the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement,no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten(10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
Page 3 of 10 2017 06 01
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
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.
Page 7 of 10 2017 06 01
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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
Page 8 of 10 2017 06 01
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.
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
Page 9 of 10 2017 06 01
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
Digitally signed by Steve McComas
Steve McComas ou,DN:cnemail=Stevemcco McComas@mas,opclink=Blue.com WatercUS Science,
= , =
Date:2019.04.25 09:27:13-05'00'
By: Steve McComas
Its: owner
Page 10 of 10 2017 06 01
a j
EXHIBIT A
550 South Snelling Ave P 651.690.9602
St. Paul, MN 55116 qT�R s��€, 4CW mccomas@pclink.com
Exhibit A: 2019 Lake Sampling Program
PROPOSAL
To: Leslie A. Stovring,Environmental Coordinator
From: Steve McComas,Blue Water Science
Date: April 25, 2019
Re: 2019 Lake Sampling Program Proposal for Eden Prairie
The sampling program will include the Tasks outlined below. All lake water quality data collected will be
entered into the Minnesota Pollution Control Agency's water quality database.
SECTION 1 -LAKE MONITORING TASKS
TASK 1 —LAKE WATER QUALITY SAMPLING-IDLEWILD/MITCHELL/RED ROCK/BIRCH
ISLAND
The following samples will be collected every other week from May through October for the lakes listed above.
Samples will be collected as surface samples except for total phosphorus and iron where top and bottom samples
will be collected.
Parameters to be analyzed in the field:
• Secchi disc
• Temperature and dissolved oxygen profiles
• Conductivity
• pH
Parameters to be analyzed by a laboratory:
• Total phosphorus (top and bottom)
• Orthophosphate
• Chlorophyll a
• Ammonium
• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity
• Total Suspended Solids
• Chloride
• Iron(top and bottom)
-1-
TASK 2—VEGETATION SAMPLING-ROUND LAKE
Blue Water Science will conduct one point intercept survey to map the aquatic vegetation within the lake,
including a determination of whether brittle naiad and/or EWM weevils are present within the lake. It is
anticipated the survey will be done in mid-summer.
TASK 3 —VEGETATION SAMPLING - PURGATORY CREEK PARK
Blue Water Science will conduct a survey within the wetland to determine the presence and approximate extent
of brittle naiad. It is anticipated the survey will be done in mid-summer.
SECTION 2- REPORTING REQUIREMENTS
Once the analysis is completed a final report will be prepared which summarizes the results for each individual
water body sampled. The report must include the following information:
• Analysis of existing conditions
• Comparison with historical conditions
• Recommendations for future actions
One(1)PDF copy of the Final Report should be submitted by March 31,2020.
Copies of all laboratory reports should be submitted separately. All laboratory results for the lakes will be
entered into the MPCA database.
Blue Water Science anticipates one meeting with City Staff or the City's Conservation Commission to discuss
the results of the project.
-2-
SECTION 3 - TERMS AND CONDITIONS
Quote for 2019: Lake and Pond Water Sampling and Projects
2/Month Costs Total
May-Oct Costs
Secchi,Temp, Diss oxygen,
Conductivity, pH,TP,OP, Labor For Lab Report
Chl, NO3 TKN, Sampling Costs Costs
Totaltal Alkalinityty,,TSS,
Chloride, Iron
TASK 1. LAKE WATER QUALITY SAMPLING
Birch Island 12 sampling trips $1,100 12 x$260 $600 $4,820
_$3,120
Idlewild 12 sampling trips $1,100 12 x$260 $600 $4,820
_$3,120
Mitchell 12 sampling trips $1,100 12 x$260 $600 $4,820
_$3,120
Red Rock 12 sampling trips $1,100 12 x$260 $600 $4,820
_$3,120
Round 12 sampling trips $1,100 12 x$260 $600 $4,820
_$3,120
Subtotal $5,500 $15,600 $3,000 $24,100
Total
Costs
TASK 2. VEGETATION SAMPLING-ROUND LAKE
Round Lake Mid Summer Point Intercept $1,900
Plant Survey
Subtotal $1,900
Total
Costs
TASK 3. VEGETATION SAMPLING-PURGATORY CREEK PARK
Purgatory Creek Park Mid Summer Plant Survey $800
Subtotal $800
Total
Costs
REPORT AND MEETING REQUIREMENTS
Report preparation included
Meeting $300
Subtotal $300
Summary of Proposed Costs for 2019 for Blue Water Science
Total Proposed Costs Summary
Task 1: Lake Water Quality Sampling $24,100
Task 2:Vegetation Sampling-Round Lake $1,900
Task 3:Vegetation Sampling-Purgatory Creek Park $800
Report Requirements and Meeting $300
Total $27,100
-3-
Memorandum
To: Interested Bidders ' '
From: Leslie A. Stovring,Water Resources Coordinator EDEN
Date: April 23,2019
Re: 2019 Lake Sampling Program PRAIRIE
Request for Proposal (RFP)
LIVE•WOftK•DftEAM
The City of Eden Prairie is requesting a proposal to provide water quality and vegetation sampling
services. The proposal must be itemized by Task and include a"not to exceed"amount for completing
the work items in each Task. The sampling program will include the Tasks outlined below. All lake
water quality data collected must be entered into the Minnesota Pollution Control Agency's water
quality database prior to final payment for the project. Proposals are due by 4:30 p.m. on May 3.
SECTION 1 —LAKE MONITORING TASKS
TASK 1 —LAKE WATER QUALITY SAMPLING - IDLEWILD /MITCHELL/ RED ROCK/ ROUND / BIRCH
ISLAND
The City requests that the following samples be collected every other week from May(after ice-out)
through the end of October for the lakes listed above. Samples should be collected as surface and
bottom samples within the deepest portion of the lakes,unless otherwise specified. The proposal must
include a price per lake for water quality sampling and analysis. If you feel additional parameters
would be useful,please provide a cost estimate for each additional parameter on a per sample basis.
Parameters to be analyzed in the field:
• Secchi disc
• Temperature and Dissolved oxygen- measurements taken throughout the water column (i.e.,
every meter)to develop a DO/temperature profile
• Conductivity
• pH
Parameters to be analyzed by a laboratory:
• Total phosphorus
• Orthophosphate
• Chlorophyll a
• Ammonium
• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity
• Total Suspended Solids
• Chloride
• Iron
RFP-2019 Lake Sampling Program Page 1
City of Eden Prairie
TASK 2—VEGETATION SAMPLING—ROUND LAKE
Please include a cost estimate to conduct one point intercept survey to map the aquatic vegetation
within the lake, including a determination of whether brittle naiad and/or EWM weevils are present
within the lake. It is anticipated the survey will be done in mid-summer.
TASK 3—VEGETATION SAMPLING—PURGATORY CREEK PARK
Please include a cost estimate to conduct a survey within the wetland to determine the presence and
approximate extent of brittle naiad. It is anticipated the survey will be done in mid-summer.
SECTION 2—REPORT AND MEETING REQUIREMENTS
Once the analysis is completed, one final report must be prepared which summarizes the results for
each individual water body sampled. The proposal must include:
• Prepare a report that includes the following information:
• Analysis of existing conditions
• Comparison with historical conditions
• Recommendations for future actions
• Submit one (1)PDF copy of the Final Report to the City by March 31, 2020 that summarizes
the work completed.
• Submit copies of all laboratory reports.
• Enter laboratory results for the lakes into the MPCA database.
• Meet with City Staff or the City's Conservation Commission once to discuss the results of the
sampling.
SECTION 3—TERMS AND CONDITIONS
The Proposal must include an itemized price and proposed schedule for completion for each Task.
Deletions of specific Tasks will be at the discretion of the City.
No additional work beyond the scope outlined in this RFP will be reimbursed without prior written
authorization by the City.
If your proposal is accepted, you will be required to submit an Agreement for Professional Services.
Attached is a copy of the Agreement for your information. A copy of the Fee Schedule that will be
used for the project must be included with the proposal.
RFP-2019 Lake Sampling Program Page 2
City of Eden Prairie
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #12-5822 ITEM NO.:
Leslie Stovring Approve Agreement for Contract Services with J&N VIII. H.
Engineering/Water Resources Weed Harvesting for weed harvesting in Mitchell and
Red Rock Lakes
Requested Action
Move to: Approve Agreement for Contract Services with J&N Weed Harvesting for aquatic weed
harvesting in Mitchell and Red Rock Lakes for a not to exceed sum of$20,250.
Synopsis
The Mitchell Lake Association(MLA) and the Friends of Red Rock Lake(FORRL)requested that the
City of Eden Prairie coordinate an aquatic plant-harvesting program in Mitchell and Red Rock Lakes
in coordination with the Riley-Purgatory-Bluff Creek Watershed District's aquatic invasive species
(AIS)plant management program. Costs will be paid from the stormwater utility.
Background Information
The City started conducting aquatic invasive species harvesting in Mitchell and Red Rock Lakes in
2014. In 2015, the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) completed Aquatic
Plan Management Plans for both lakes. The Board of Managers has taken responsibility for conducting
herbicide treatments in the lakes to aid in managing the water quality within the lakes. It is their hope
that implementation of the herbicide treatment program will help in managing the growth of curly leaf
pondweed, an aquatic invasive species, within these lakes. Curly leaf pondweed dies off in early
summer and has been found and as a result contributes phosphorus to the lake as it decays.
To supplement this work, the MLA and FORRL have requested that the City provide:
• Harvesting in the spring to supplement the herbicide treatment
• Harvesting during the summer to help maintain recreational access to the lake
Three quotes were received for the work. They included:
• J&N Weed Harvesting= $20,250
• Lakes Aquatic = $20,441.80
• Premier= $21,942
The City has also contracted with Blue Water Science to help delineate invasive species within the
lakes to determine where to focus the harvesting efforts and to finalize the amount of harvesting area
allowed under the Dept. of Natural Resources permitting requirements for the lakes.
Attachment
Agreement for Contract Services
2017 06 01
Agreement for Contract Services
This Agreement ("Agreement") is made on the day of , 20 , between
the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and J&N Weed Harvesting , a North Dakota
company (hereinafter "Contractor") whose business address is 301 W. 5th St., Bottineau
N.D. 58318.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety
of services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this Agreement is to set
forth the terms and conditions for the provision of services by Contractor for
Lake Harvesting hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide,perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part
of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in
any manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
May 7, 2019. The Work shall be completed by September 30, 2019.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits
as designated by City. Contractor's personnel will contact the appropriate person (i.e.
receptionist, maintenance personnel, security, etc,) immediately upon entering the
building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the performance
of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City's no smoking policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause may
include performance below acceptable standards or failure to present the necessary
image or attitude, in the judgment of the owner, to present a first class operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a not to exceed amount of
$ 20,250 as full and complete payment for the labor,materials and services rendered
pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall
be extended by a period of time lost by reason of the delay. Contractor will be entitled
to payment for its reasonable additional charges, if any, due to the delay.
Standard Agreement for Contract Services 2017 06 01.01
Page 2 of 10
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. 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."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City
in writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may
not remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Contractor's breach of this standard of care. Contractor
shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Contractor shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Standard Agreement for Contract Services 2017 06 01.01
Page 3 of 10
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract(including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured.
f. All policies, except 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 polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2)years following City's written acceptance of
the Work.
Standard Agreement for Contract Services 2017 06 01.01
Page 4 of 10
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coverages required herein.
1. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty(30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten(10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Contractor has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Contractor of any deficiencies in such documents and receipt thereof shall not
relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms
of Contractor's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City,the City's officials,agents and employees from any loss,claim,liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City(including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
Standard Agreement for Contract Services 2017 06 01.01
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If a claim arises within the scope of the stated indemnity,the City may require Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen(15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments,claims,damages, costs and
expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for
which it may be liable resulting from any breach of this Agreement by Contractor, its agents,
contractors and employees, or any negligent or intentional act or omission performed,taken or
not performed or taken by Contractor, its agents, contractors and employees, relative to this
Agreement. City will indemnify and hold Contractor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City's written acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period,upon notice from the City,the Contractor agrees,within ten(10) calendar
days after receiving written notice and without expense to the City, to repair, replace and in
general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation
of the City or the public.
The corrective Work referred to above shall include without limitation,(a)the cost of removing
the defective or nonconforming Work and materials from the site, (b)the cost of correcting all
Work of other Contractors destroyed or damaged by defective or nonconforming Work and
materials including the cost of removal of such damaged Work and materials form the site, and
(c) the cost of correcting all damages to Work of other Contractors caused by the removal of
the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
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12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following. The
party ("notifying party") who desires to terminate this Agreement for breach or non-
performance of the other party("notified party") shall give the notified party notice in
writing of the notifying party's desire to terminate this Agreement describing the
breach or non-performance of this Agreement entitling it to do so. The notified party
shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the right,
within a reasonable time after such termination to remove from City's premises any
and all of Contractor's equipment and other property. Except for liability resulting from
acts or omissions of a party, arising, taken or omitted prior to such termination, the
rights and obligations of each party resulting from this Agreement shall cease upon
such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this
Agreement by notice to Contractor, in which event, this Agreement shall terminate on
the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City,or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating 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
Standard Agreement for Contract Services 2017 06 01.01
Page 7 of 10
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder,the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this
Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys'fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations,amendments,deletions,or waivers of the provisions
of this Agreement shall be valid only when expressed in writing and duly signed by the
parties,unless otherwise provided herein.
Standard Agreement for Contract Services 2017 06 01.01
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23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement,the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized,reputable overnight courier,properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit,that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
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Page 9 of 10
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Contractor under this Agreement which the City requests to be
kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. This Agreement is subject to the Minnesota
Government Data 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
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 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.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By: 1 )--f-A
Its: dzo
Standard Agreement for Contract Services 2017 06 01.01
Page 10 of 10
J& N Weed Harvesting Inc. EXHIBIT A
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name: City of Eden Prairie Mitchell Lake
Address: 8080 Mitchell Rd
City, State, Zip Eden Prairie MN 55344
AGREEMENT FOR AQUATIC HARVESTING
Curly p Leaf spring proposal
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 16 acres,or32 hours, whichever comes first. Total payment of is $6400 due upon completion of
cut.
There will be an additional mobilization fee of$800
If any additional hours are needed, the cost will be $225 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
If the dump location is more than one mile from the loading ramp the rate is$2.50/mile.Total cost not to
exceed$7200.
On any balance not paid within 30 days of completion,the customer will be charges 12%yearly interest until
the balance is paid in full
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects. The Lake Association or City is responsible for getting
and paying for any permits and dump locations needed for the cutting and removal of any aquatic weeds for
this job
Accepted by: NOT APPLICABLE (NA) - See Agreement Date:
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders,and will
is
become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications.All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner.The above prices,specifications and conditions are satisfactory and are hereby accepted.You are
authorized to do the work as specified. Payment will be made ad outlined above.
Signature: Date: -
J& N Weed Harvesting inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name: City of Eden Prairie Red Rock
Address: 8080 Mitchell Rd
City, State, Zip Eden Prairie MN 55344
AGREEMENT FOR AQUATIC HARVESTING
Curly Leaf spring proposal
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 6 acres,or 12 hours, whichever comes first.Total payment of is$2700 due upon completion of
cut.
There will be an additional mobilization fee of$800
If any additional hours are needed, the cost will be $225 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
If the dump location is more than one mile from the loading ramp the rate is$2.50/mile. Total cost will
not exceed P500
On any balance not paid within 30 days of completion, the customer will be charges 12%yearly interest until
the balance is paid in full. The Lake Association or City is responsible for getting and paying for any permits and
dump locations needed for the cutting and removal of any aquatic weeds for this job.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects.
Accepted by: Date:
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate.All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications.All work is guaranteed to be as specified,and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner.The above prices,specifications and conditions are satisfactory and are hereby accepted.You are
authorized to do the work as specified. Payment will be made ad outlined above.
Signature: -- __ Date:
1& N Weed Harvesting inc.
301 West 5th Street
Bottineau, ND 58318
•
Proposal Submitted To: Work To Be Performed at:
Name: City of Eden Prairie Red Rock and Mitchell Lake
Address: 8080 Mitchell Rd
City, State, Zip Eden Prairie MN 55344
AGREEMENT FOR AQUATIC HARVESTING 2ND CUTTING JULY OR AUGUST
Red Rock
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 7 acres, or14 hours, whichever comes first. Total payment of is$3150 due upon completion of
cut. There will be an additional mobilization fee of$800
if the dump location is more than one mile from the loading ramp the rate is$2.50lmile.. Total cost not to
exceed $3950. •
Mitchell Lake
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation in 18 inches or more of water,with a maximum cutting depth of 6 feet. One cut of
approximately 12 acres, or 24 hours, whichever comes first. Total payment of is$4800 due upon completion
of cut. There will be an additional mobilization fee of$800
Both Lakes need to be cut in full for us to come for this cut due to distance of travel.
If the dump location is more than one mile from the loading ramp the rate is$.2.50/mile. Total cost will not
exceed $5600
If any additional hours are needed,the cost will be $220 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
On any balance not paid within 30 days of completion, the customer will be charges 12%yearly interest until
the balance is paid in full.The Lake Association or City is responsible for getting and paying for any permits and
dump locations needed for the cutting and removal of any aquatic weeds for this job.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects..
Accepted by: _ _ Date:
iA
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate.All agreements contingent upon strikes, accidents or delays beyond our
control.We have necessary insurance policies that meet your specifications.All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner.The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
Signature: — Date:
FEF�
p{F
1
Memorandum
To: Interested Bidders
From: Leslie A. Stovring,Environmental Coordinator EDEN
Date: April 4,2019
Re: Request for Quotes -Aquatic Invasive Species Harvesting PRAIRIE
Mitchell and Red Rock Lakes LIVE•WORK•DREAM
The City of Eden Prairie is requesting a quote for providing aquatic invasive species (AIS) weed
management services for Mitchell and Red Rock Lakes. The City will be collaborating with the Riley-
Purgatory-Bluff Creek Watershed District(RPBCWD)to coordinate invasive species treatment. The
City will be taking the lead for the harvesting operations while RPBCWD will be conducting
herbicide applications separately. Quotes are due before April 19, 2019.
The quote should be provided on a per site visit for harvesting. The herbicide application may result
in the cancellation of all or some of the harvesting, depending on the extent of the treatment.
The scope of services that must be provided with your proposal for harvesting includes:
• Locate and secure an optional disposal site in case the City site is unavailable;
• Provide transport to the disposal site (9811 Flying Cloud Dr., disposal to be coordinated with
the City as there is a locked gate and potential construction this summer);
• Furnish, transport and operate all equipment;
• Coordinate harvesting locations and operations with the City's lake monitoring consultant.They
will do all pre-harvesting surveys, provide final locations for harvesting operations and help
ensure harvested areas and herbicide treated areas are clearly delineated and mapped to avoid
overlap of treatment areas;
• Contact Lake Association members who wish to coordinate harvesting. *
• Maintain and restore off-loading sites in the same condition as before harvesting activities;
• Clean all debris at the parks and boat landings caused by harvesting activities and transportation;
• Track the number of loads of weeds cut and removed, including tonnage (estimated or actual)
per load.All data must be provided to the City prior to review and approval of invoices;
• Track harvester movements using GPS technology. Provide all point data in an Excel
spreadsheet and/or format compatible for downloading into ArcView or ArcMap;
• Provide an estimated start and end date for operations.
• Coordinate operations with the Parks Department after the final schedule is determined to
ensure there are no conflicts;
• Provide all data collected to the City
• Provide itemized invoices for time, number of loads/tonnage and materials used related to the
harvesting program; and
• Provide a copy of the DNR Permit Submittal for the Lakes harvested.
* The contact information for the winning bidder will be provided to the lake associations for each
lake to allow residents an opportunity to contract with the successful bidder for additional harvesting
City of Eden Prairie
Request for Proposal-Lake Harvesting
April 4, 2019
Page 2
around dock areas, which will be separate from this contract. Advance notice of a minimum of two
(2)weeks must be provided to allow for adequate notification to the homeowners.
Estimated Areas:
The City estimates that the following areas will be included in the harvesting operations.
Red Rock Lake:
• 6 acres for curly leaf pondweed harvesting(based on 2018 data)
• 7 acres for recreational area harvesting (for harvesting aquatic vegetation such as coontail
and/or filamentous algae in July or August)
Mitchell Lake:
• 16 acres for curly leaf pondweed harvesting (based on 2018 data)
• 12 acres for recreational area harvesting (for harvesting aquatic vegetation such as coontail
and/or filamentous algae in July or August)
Final areas for harvesting will be identified by Steve McComas of Blue Water Science. All harvesting
must be conducted in accordance with the maps provided by the City.
Bids are due by end of the day on April 19,2019. If your proposal is accepted, you will be required
to submit a Standard Agreement for Contract Services. A copy of the Agreement is attached for your
information.
All insurance requirements must be met and included in the quote. Certificates of insurance must be
provided prior to issuance of a Notice to Proceed by the City.
Please contact me at 952-949-8327 or lstovring@edenprairie.org if you have any questions regarding
this request.
Leslie A. Stovring
Water Resources Coordinator
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
CITY COUNCIL AGENDA DATE
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO.
Rick Wahlen Approve Resolution Approving Purchase of VIII. I.
Public Works Property from State of Minnesota for Conveyance
No. 2018-0129
Requested Action:
Move to: Approve Resolution Approving the Purchase of Property by the City of Eden Prairie from the
State of Minnesota for Conveyance No. 2018-0129.
Synopsis
The City has received an offer from the State of Minnesota,Depat intent of Transportation(MnDOT)to sell
excess right-of-way along Highway 212 for$38,247.00. The site is located east of Eden Prairie Road, south
of the regional trail and north of Highway 212 and is intended to be used for permanent access to the site
where construction of a new ground storage reservoir is planned.
Background Information
In March 2018,the City of Eden Prairie purchased the 6.55 acre site on which the ground storage reservoir
and pump station will be constructed. Since that time,negotiations with adjoining property owners including
the Smith Village development and the Minnesota Department of Transportation were undertaken to ensure
permanent, ongoing access would be available to this property for both construction and future maintenance.
The Minnesota Department of Transportation has been exceptionally understanding of Eden Prairie's need
for this access lane for vehicular traffic and underground utilities,and worked very cooperatively with the
City to bring this property conveyance to a satisfactory conclusion.
The MNDOT property site described in the attached letter is excess Highway 212 right-of-way and is located
east of Eden Prairie Road, south of the regional trail and north of Highway 212. After receiving the offer
letter from MnDOT the City completed due diligence on the site,including a title review, an ALTA survey,
and a review of the property tax records. Based on this review no significant concerns were identified.
The Water Utility Capital Improvement Plan includes $9.1 million for the construction of a ground storage
reservoir, scheduled for construction beginning spring 2019. The purchase of the property in the amount of
$38,247 will be paid from the Water Utility Enterprise Fund
Attachments
Resolution
Exhibit A—Description of Conveyance
MnDOT Offer Letter
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
_
RESOLUTION APPROVING THE PURCHASE OF PROPERTY
BY THE CITY OF EDEN PRAIRIE FROM THE STATE OF MINNESOTA
FOR CONVEYANCE NO. 2018-0129
WHEREAS,the City is authorized pursuant to Minn. Stat. §412.211 to acquire such real property
as its interests require; and
WHEREAS,the State of Minnesota,Department of Transportation provided a letter dated April 3,
2019 offering to convey to the City for a consideration of$38,247.00 real property as described in
Exhibit A and referenced by Conveyance No. 2018-0129; and
WHEREAS, it is proposed that the City acquire from the State of Minnesota, Department of
Transportation,real property as described in Exhibit A in Hennepin County Minnesota,(hereinafter
the"Property").
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE:
1. The Offer Letter from the State of Minnesota, Department of Transportation dated
April 3, 2019 is hereby accepted.
2. The Purchase of the Property from the State of Minnesota, Department of
Transportation is hereby approved.
3. The Mayor and City Manager are hereby authorized to execute such other documents,
certificates, and affidavits as are necessary and recommended by the City Attorney
for consummation of the transaction.
ADOPTED by the Eden Prairie City Council on May 07, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
April 3, 2019
2018-0129-2762
DESCRIPTION FOR CONVEYANCE
Parcels 7, 8, 9, 10 and 11 C.S. 2762 (212=260) 902
That part of Tracts A, B, C, D, and E:
Tract A. That part of the Northeast Quarter of the Southeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Commencing at the northeast corner of said
Southeast Quarter; thence South 89 degrees 09 minutes West along the
north line of said Southeast Quarter, 1095.16 feet to the southeasterly
right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence South
42 degrees 24 minutes West along said right of way, 74 feet to the point of
beginning of Tract A to be described; thence South 60 degrees 14 minutes
East, 355.69 feet; thence South 40 degrees 35 minutes West, 101.80 feet;
thence North 60 degrees 14 minutes West, 359 feet; thence North 42
degrees 24 minutes East, 102.48 feet to the point of beginning; excepting
therefrom the rights of way of Easy Street and Scenic Heights Road;
Tract B. That part of the North Half of the Southeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Beginning at the east quarter corner of said Section
17; thence run westerly on the east and west quarter line of said Section
17 to its intersection with the southeasterly right of way line of the Chicago
and North Western Transportation Company (formerly the Minneapolis
and St. Louis Railroad); thence southwesterly along said right of way to
the west line of the East Half of said Southeast Quarter; thence southerly
along said west line, 171 feet; thence West to said right of way; thence
southwesterly along said right of way to a point due West of a point in the
center of Eden Prairie Road (formerly Shakopee Road), 548 feet along
said road from the south line of the Northeast Quarter of said Southeast
Quarter; thence East to the centerline of said road; thence southeasterly
along said road, 548 feet to the south line of said Northeast Quarter of the
Southeast Quarter; thence East to the east line of said Section 17; thence
North to the point of beginning; excepting therefrom that part thereof
contained within the following described tract: Commencing at the
northeast corner of said Southeast Quarter; thence South 89 degrees 09
minutes 00 seconds West, 1311.71 feet along the north line of said
BLANKDESCRIPTION Page 1 of 4 RLD1001 4/3/2019
Southeast Quarter to the center line of Hennepin County State Aid
Highway No. 4; thence South 00 degrees 28 minutes 00 seconds East
along the center line of said County State Aid Highway No. 4 a distance of
153.58 feet; thence on a tangential curve to the left, 445.55 feet to the
point of beginning of the tract to be described; thence North 89 degrees 36
minutes 00 seconds West, 352.90 feet to the southeasterly right of way
line of the Chicago and North Western Transportation Company (formerly
the Minneapolis and St Louis Railroad); thence South 42 degrees 24
minutes 00 seconds West along said right of way line, 210.25 feet; thence
South 89 degrees 36 minutes 00 seconds East, 510.11 feet to a point on
the center line of said County State Aid Highway No. 4, which is 528.3 feet
north of the south line of the North Half of said Southeast Quarter as
measured along the center line of said County State Aid Highway No. 4;
thence North 05 degrees 58 minutes 30 seconds West, 52.27 feet; thence
on a tangential curve to the right, 105.28 feet to the point of beginning;
also excepting therefrom that part thereof described as follows:
Commencing at the northeast corner of said Southeast Quarter; thence
South 89 degrees 09 minutes 00 seconds West, 1311.71 feet along the
north line of said Southeast Quarter to the center line of Hennepin County
State Aid Highway No. 4; thence South 00 degrees 28 minutes 00
seconds East along the center line of said County State Aid Highway,
153.58 feet; thence on a tangential curve to the left 550.58 feet; thence
South 05 degrees 58 minutes 30 seconds East, tangent to the last
described curve 50.78 feet to the point of beginning of the tract to be
described; thence East 167.17 feet;thence South 210 feet; thence West
150 feet to the center line of said County State Aid Highway No. 4; thence
North 02 degrees 42 minutes 00 seconds West, 10 feet; thence on a
tangential curve to the left 132.00 feet; thence North 05 degrees 58
minutes 30 seconds West, tangent to last described curve, 68.77 feet to
the point of beginning; also excepting therefrom that part thereof
described as follows: Commencing at the northeast corner of said
Southeast Quarter; thence South 89 degrees 09 minutes West along the
north line of said Southeast Quarter, 1095.16 feet to the southeasterly
right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence South
42 degrees 24 minutes West along said right of way, 74 feet to the point of
beginning of the tract to be described; thence South 60 degrees 14
minutes East, 355.69 feet; thence South 40 degrees 35 minutes West,
101.80 feet; thence North 60 degrees 14 minutes West, 359 feet; thence
North 42 degrees 24 minutes East, 102.48 feet to the point of beginning;
also excepting therefrom the rights of way of County State Aid Highway
No. 4 (Eden Prairie Road), Easy Street and Scenic Heights Road;
Tract C. That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Beginning at a point on the south line of said
BLANKDESCRIPTION Page 2 of 4 RLD1001 4/3/2019
Southeast Quarter of the Northeast Quarter, distant 863.5 feet west of the
southeast corner thereof; thence west along said south line a distance of
209.60 feet, more or less, to the southeasterly right of way line of the
Chicago and North Western Transportation Company (formerly the
Minneapolis and St. Louis Railroad); thence northeasterly along said right
of way a distance of 305.85 feet; thence southerly to the point of
beginning; excepting therefrom the right of way of Easy Street;
Tract D. That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Beginning at a point on the south line of said
Southeast Quarter of the Northeast Quarter, distant 740 feet west of the
southeast corner thereof; thence west along said south line a distance of
123.51 feet; thence north to a point on the southeasterly right of way line
of the Chicago and North Western Transportation Company (formerly the
Minneapolis and St. Louis Railroad); a distance of 305.85 feet
northeasterly of the intersection of said southeasterly right of way with
south line of said Southeast Quarter of the Northeast Quarter; thence
northeasterly along said southeasterly right of way line a distance of
201.14 feet; thence southerly a distance of 369.51 feet, more or less, to
the point of beginning; excepting therefrom the right of way of Easy Street;
Tract E. That part of the east 740 feet of the Southeast Quarter of the Northeast
Quarter of Section 17, Township 116 North, Range 22 West, Hennepin
County, Minnesota, lying southerly and easterly of the southeasterly right
of way line of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railroad) as now located and•
established and northerly of the northerly right of way line of Scenic
Heights Road as now located and established;
which lies within the following described tract: Commencing at Right of Way Boundary
Corner B16 as shown on Minnesota Department of Transportation Right of Way Plat
No. 27-84, as the same is on file and of record in the office of the County Recorder in
and for said Hennepin County; thence westerly on an azimuth of 268 degrees 34
minutes 22 seconds along the boundary of said plat for 495.68 feet to Right of Way
Boundary Corner B17 on the southeasterly right of way line of the Chicago and North
Western Transportation Company; thence on an azimuth of 223 degrees 11 minutes 00
seconds along said southeasterly right of way line for 1183.17 feet to the point of
beginning of the tract to be described; thence on an azimuth of 97 degrees 04 minutes
20 seconds for 49.51 feet; thence on an azimuth of 223 degrees 11 minutes 00 seconds
for 517.88 feet; thence on an azimuth of 133 degrees 11 minutes 00 seconds for 100.00
feet; thence on an azimuth of 223 degrees 11 minutes 00 seconds for 250.00 feet;
thence on an azimuth of 313 degrees 11 minutes 00 seconds for 100.00 feet; thence on
an azimuth of 223 degrees 11 minutes 00 seconds for 169.76 feet to a point hereafter
referred to as "Point A";
BLANKDESCRIPTION Page 3 of 4 RLD1001 4/3/2019
thence on an azimuth of 358 degrees 34 minutes 21 seconds for 56.95 feet to the
southeasterly right of way line of the Chicago and North Western Transportation
Company; thence on an azimuth of 43 degrees 11 minutes 00 seconds along said
southeasterly right of way line for 867.92 feet to the point of beginning;
containing 39,028 square feet, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 212 from the lands herein
conveyed; except that access shall be permitted along the following described line:
Beginning at Point "A" hereinbefore described; thence northerly on an azimuth of 358
degrees 34 minutes 21 seconds for 56.95 feet to the southeasterly right of way line of
the Chicago and North Western Transportation Company and there terminating.
BLANKDESCRIPTION Page 4 of 4 RLD1001 4/3/2019
M4DEPARTMENT OF 395 John Ireland Boulevard
TRANSPORTATION Saint Paul, MN 55155
April 3, 2019
Certified Mail Return Receipt Requested
Rick Wahlen, City Manager of Utility Operations
City of Eden Prairie
Eden Prairie City Hall
8080 Mitchell Rd
Eden Prairie, MN 55344-2203
In reply refer to: C.S. 2762 (212=260) 902 Parcel 11, 8, 10, 7, 9
Hennepin County
Conveyance No. 2018-0129
Dear Mr. Wahlen,
We are pleased to inform you that conditional approval has been obtained for the
conveyance of the above-referenced real property as described in Exhibit "A" and
shown in Exhibit "B" (the "Property").
The State of Minnesota, Department of Transportation ("Seller") offers to convey the
Property to City of Eden Prairie ("Buyer") for a consideration of $38,247.00 in
accordance with the following terms and conditions:
1. All current real estate taxes, existing or pending assessments, delinquent taxes,
fees and penalties will be paid by Buyer.
2. Seller makes no representations about the status of the title to the Property and
is not obligated to correct any title defects.
3. This conveyance is subject to the following, which will be included in the deed
issued to Buyer (the Grantee described below is one and the same as the Buyer
described in this offer letter):
a. Access control described in Exhibit "A" and shown in Exhibit "B".
b. The Property is subject to the rights of existing utilities, if any, as provided
in Minnesota Statutes §161.45 subd. 3.
c. The Grantee, by acceptance of this quitclaim deed, hereby covenants and
agrees that no billboard, placard or advertising device of any nature will
ever be placed on the premises hereby conveyed, except: (1) signs,
displays and devices advertising the sale or lease of the premises and (2)
signs, displays and devices advertising activities conducted on the
premises.
An Equal Opportunity Employer
Conveyance Offer Letter-Indemnity RC1019 4/3/2019
Rick Wahlen, City Manager of Utility Operations
April 3, 2019
Page 2
4. The Property and all improvements, if any, are being conveyed as-is and where-
is.
5. Payment must be made in the form of a cashier's check, certified check or
money order made payable to "Commissioner of Transportation —Trunk Highway
Fund" in the amount of$38,247.00
6. This offer is subject to and specifically conditioned upon receipt of the above-
mentioned consideration on or before May 31, 2019- If such consideration is not
received on or before that date, this offer is null and void and of no further force
and effect; and Seller is released from any further obligation to Buyer and may
negotiate with other parties for sale or other disposition of the Property.
7. Upon receipt of payment for the conveyance, Seller will issue to Buyer a
quitclaim deed in substantially the form attached hereto as Exhibit "C", using the
legal description in Exhibit "A". Buyer agrees that upon issuance of the quitclaim
deed, the Seller may record the deed in the Office of the County Recorder or
Registrar of Titles as appropriate, Seller will provide Buyer with the recorded
deed within 15 days of the return of the deed from the County.
8. The Seller may revoke this offer and cancel this conveyance in its
discretion at any time before payment is received. The Seller shall notify
Buyer in writing of such revocation and cancellation. Upon cancellation,
this offer is null and void and shall be of no further force and effect; and
the Seller is released from any further obligation to Buyer.
Please submit payment and any questions you may have regarding this transaction to:
Jennie Bailey, Minnesota Department of Transportation, 395 John Ireland Blvd., St. Paul,
MN 55155-1800. Jennie may be reached at: 651-366-3474, or Michael Geertsema at
651-366-3492.
Sincerely,
r
Foi ' C'' .- L-1-1---
•seph . Pignato, Director
toffice of Land Management
Enclosures: Exhibits A, B & C
c: Julie Groetsch, Assistant Director
Conveyance Offer Letter-Indemnity RC1019 4/3/2019
1
//
pH/f1/7
April 3, 2019
2018-0129-2762
DESCRIPTION FOR CONVEYANCE
Parcels 7, 8, 9, 10 and 11 C.S. 2762 (212=260) 902
That part of Tracts A, B, C, D, and E:
Tract A. That part of the Northeast Quarter of the Southeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Commencing at the northeast corner of said
Southeast Quarter; thence South 89 degrees 09 minutes West along the
north line of said Southeast Quarter, 1095.16 feet to the southeasterly
right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence South
42 degrees 24 minutes West along said right of way, 74 feet to the point of
beginning of Tract A to be described; thence South 60 degrees 14 minutes
East, 355.69 feet; thence South 40 degrees 35 minutes West, 101.80 feet;
thence North 60 degrees 14 minutes West, 359 feet; thence North 42
degrees 24 minutes East, 102.48 feet to the point of beginning; excepting
therefrom the rights of way of Easy Street and Scenic Heights Road;
Tract B. That part of the North Half of the Southeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Beginning at the east quarter corner of said Section
17; thence run westerly on the east and west quarter line of said Section
17 to its intersection with the southeasterly right of way line of the Chicago
and North Western Transportation Company (formerly the Minneapolis
and St. Louis Railroad); thence southwesterly along said right of way to
the west line of the East Half of said Southeast Quarter; thence southerly
along said west line, 171 feet; thence West to said right of way; thence
southwesterly along said right of way to a point due West of a point in the
center of Eden Prairie Road (formerly Shakopee Road), 548 feet along
said road from the south line of the Northeast Quarter of said Southeast
Quarter; thence East to the centerline of said road; thence southeasterly
along said road, 548 feet to the south line of said Northeast Quarter of the
Southeast Quarter; thence East to the east line of said Section 17; thence
North to the point of beginning; excepting therefrom that part thereof
contained within the following described tract: Commencing at the
northeast corner of said Southeast Quarter; thence South 89 degrees 09
minutes 00 seconds West, 1311.71 feet along the north line of said
BLANKDESCRIPTION Page 1 of 4 RLD1001 4/3/2019
Southeast Quarter to the center line of Hennepin County State Aid
Highway No. 4; thence South 00 degrees 28 minutes 00 seconds East
along the center line of said County State Aid Highway No. 4 a distance of
153.58 feet; thence on a tangential curve to the left, 445.55 feet to the
point of beginning of the tract to be described; thence North 89 degrees 36
minutes 00 seconds West, 352.90 feet to the southeasterly right of way
line of the Chicago and North Western Transportation Company (formerly
the Minneapolis and St. Louis Railroad); thence South 42 degrees 24
minutes 00 seconds West along said right of way line, 210.25 feet; thence
South 89 degrees 36 minutes 00 seconds East, 510.11 feet to a point on
the center line of said County State Aid Highway No. 4, which is 528.3 feet
north of the south line of the North Half of said Southeast Quarter as
measured along the center line of said County State Aid Highway No. 4;
thence North 05 degrees 58 minutes 30 seconds West, 52.27 feet; thence
on a tangential curve to the right, 105.28 feet to the point of beginning;
also excepting therefrom that part thereof described as follows:
Commencing at the northeast corner of said Southeast Quarter; thence
South 89 degrees 09 minutes 00 seconds West, 1311.71 feet along the
north line of said Southeast Quarter to the center line of Hennepin County
State Aid Highway No. 4; thence South 00 degrees 28 minutes 00
seconds East along the center line of said County State Aid Highway,
153.58 feet; thence on a tangential curve to the left 550.58 feet; thence
South 05 degrees 58 minutes 30 seconds East, tangent to the last
described curve 50.78 feet to the point of beginning of the tract to be
described; thence East 167.17 feet; thence South 210 feet; thence West
150 feet to the center line of said County State Aid Highway No. 4; thence
North 02 degrees 42 minutes 00 seconds West, 10 feet; thence on a
tangential curve to the left 132.00 feet; thence North 05 degrees 58
minutes 30 seconds West, tangent to last described curve, 68.77 feet to
the point of beginning; also excepting therefrom that part thereof
described as follows: Commencing at the northeast corner of said
Southeast Quarter; thence South 89 degrees 09 minutes West along the
north line of said Southeast Quarter, 1095.16 feet to the southeasterly
right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence South
42 degrees 24 minutes West along said right of way, 74 feet to the point of
beginning of the tract to be described; thence South 60 degrees 14
minutes East, 355.69 feet; thence South 40 degrees 35 minutes West,
101.80 feet; thence North 60 degrees 14 minutes West, 359 feet; thence
North 42 degrees 24 minutes East, 102.48 feet to the point of beginning;
also excepting therefrom the rights of way of County State Aid Highway
No. 4 (Eden Prairie Road), Easy Street and Scenic Heights Road;
Tract C. That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Beginning at a point on the south line of said
BLANKDESCRIPTION Page 2 of 4 RLD1001 4/3/2019
Southeast Quarter of the Northeast Quarter, distant 863.5 feet west of the
southeast corner thereof; thence west along said south line a distance of
209.60 feet, more or less, to the southeasterly right of way line of the
Chicago and North Western Transportation Company (formerly the
Minneapolis and St. Louis Railroad); thence northeasterly along said right
of way a distance of 305.85 feet; thence southerly to the point of
beginning; excepting therefrom the right of way of Easy Street;
Tract D. That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota,
described as follows: Beginning at a point on the south line of said
Southeast Quarter of the Northeast Quarter, distant 740 feet west of the
southeast corner thereof; thence west along said south line a distance of
123.51 feet; thence north to a point on the southeasterly right of way line
of the Chicago and North Western Transportation Company (formerly the
Minneapolis and St. Louis Railroad); a distance of 305.85 feet
northeasterly of the intersection of said southeasterly right of way with
south line of said Southeast Quarter of the Northeast Quarter; thence
northeasterly along said southeasterly right of way line a distance of
201.14 feet; thence southerly a distance of 369.51 feet, more or less, to
the point of beginning; excepting therefrom the right of way of Easy Street;
Tract E. That part of the east 740 feet of the Southeast Quarter of the Northeast
Quarter of Section 17, Township 116 North, Range 22 West, Hennepin
County, Minnesota, lying southerly and easterly of the southeasterly right
of way line of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railroad) as now located and.
established and northerly of the northerly right of way line of Scenic
Heights Road as now located and established;
which lies within the following described tract: Commencing at Right of Way Boundary
Corner B16 as shown on Minnesota Department of Transportation Right of Way Plat
No. 27-84, as the same is on file and of record in the office of the County Recorder in
and for said Hennepin County; thence westerly on an azimuth of 268 degrees 34
minutes 22 seconds along the boundary of said plat for 495.68 feet to Right of Way
Boundary Corner B17 on the southeasterly right of way line of the Chicago and North
Western Transportation Company; thence on an azimuth of 223 degrees 11 minutes 00
seconds along said southeasterly right of way line for 1183.17 feet to the point of
beginning of the tract to be described; thence on an azimuth of 97 degrees 04 minutes
20 seconds for 49.51 feet; thence on an azimuth of 223 degrees 11 minutes 00 seconds
for 517.88 feet; thence on an azimuth of 133 degrees 11 minutes 00 seconds for 100.00
feet; thence on an azimuth of 223 degrees 11 minutes 00 seconds for 250.00 feet;
thence on an azimuth of 313 degrees 11 minutes 00 seconds for 100.00 feet; thence on
an azimuth of 223 degrees 11 minutes 00 seconds for 169.76 feet to a point hereafter
referred to as "Point A";
BLANKDESCRIPTION Page 3 of 4 RLD1001 4/3/2019
thence on an azimuth of 358 degrees 34 minutes 21 seconds for 56.95 feet to the
southeasterly right of way line of the Chicago and North Western Transportation
Company; thence on an azimuth of 43 degrees 11 minutes 00 seconds along said
southeasterly right of way line for 867.92 feet to the point of beginning;
containing 39,028 square feet, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 212 from the lands herein
conveyed; except that access shall be permitted along the following described line:
Beginning at Point "A" hereinbefore described; thence northerly on an azimuth of 358
degrees 34 minutes 21 seconds for 56.95 feet to the southeasterly right of way line of
the Chicago and North Western Transportation Company and there terminating.
BLANKDESCRIPTION Page 4 of 4 RLD1001 4/3/2019
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QUITCLAIM DEED
STATE DEED TAX DUE HEREON: $ C.S. 2762 (212=260) 902
Parcel 11, 8, 10, 7, 9
County of Hennepin
Conveyance No. 2018-0129
The State of Minnesota having heretofore acquired in fee the real
estate hereinafter described for trunk highway purposes, and the Commissioner of
Transportation of said State having determined that the same is no longer needed;
Now, therefore, upon said determination and pursuant to Minnesota Statutes
Section 161.44, the State of Minnesota, by Margaret Anderson Kelliher, its Commissioner of
Transportation, Grantor, for and in consideration of the sum of thirty-eight thousand two
hundred forty-seven and no/100 Dollars ($38,247.00) paid to the State for deposit in the trunk
highway fund, does hereby release, quitclaim and convey to City of Eden Prairie, a municipal
corporation, under the laws of the state of Minnesota, Grantees, all its interest in and to the
real estate in Hennepin County, Minnesota, described as follows:
That part of Tracts A, B, C, D, and E:
Tract A. That part of the Northeast Quarter of the Southeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota, described
as follows: Commencing at the northeast corner of said Southeast Quarter;.
thence South 89 degrees 09 minutes West along the north line of said
Southeast Quarter, 1095.16 feet to the southeasterly right of way line of the
Chicago and North Western Transportation Company (formerly the Minneapolis
Page 1 of 5
and St. Louis Railroad); thence South 42 degrees 24 minutes West along said
right of way, 74 feet to the point of beginning of Tract A to be described; thence
South 60 degrees 14 minutes East, 355.69 feet; thence South 40 degrees 35
minutes West, 101.80 feet; thence North 60 degrees 14 minutes West, 359 feet;
thence North 42 degrees 24 minutes East, 102.48 feet to the point of beginning;
excepting therefrom the rights of way of Easy Street and Scenic Heights Road;
Tract B. That part of the North Half of the Southeast Quarter of Section 17, Township
116 North, Range 22 West, Hennepin County, Minnesota, described as follows:
Beginning at the east quarter corner of said Section 17; thence run westerly on
the east and west quarter line of said Section 17 to its intersection with the
southeasterly right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence
southwesterly along said right of way to the west line of the East Half of said
Southeast Quarter; thence southerly along said west line, 171 feet; thence West
to said right of way; thence southwesterly along said right of way to a point due
West of a point in the center of Eden Prairie Road (formerly Shakopee Road),
548 feet along said road from the south line of the Northeast Quarter of said
Southeast Quarter; thence East to the centerline of said road; thence
southeasterly along said road, 548 feet to the south line of said Northeast
Quarter of the Southeast Quarter; thence East to the east line of said Section
17; thence North to the point of beginning; excepting therefrom that part thereof
contained within the following described tract: Commencing at the northeast
corner of said Southeast Quarter; thence South 89 degrees 09 minutes 00
seconds West, 1311.71 feet along the north line of said Southeast Quarter to
the center line of Hennepin County State Aid Highway No. 4; thence South 00
degrees 28 minutes 00 seconds East along the center line of said County State
Aid Highway No. 4 a distance of 153.58 feet; thence on a tangential curve to the
left, 445.55 feet to the point of beginning of the tract to be described; thence
North 89 degrees 36 minutes 00 seconds West, 352.90 feet to the
southeasterly right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence South 42
degrees 24 minutes 00 seconds West along said right of way line, 210.25 feet;
thence South 89 degrees 36 minutes 00 seconds East, 510.11 feet to a point on
the center line of said County State Aid Highway No. 4, which is 528.3 feet
north of the south line of the North Half of said Southeast Quarter as measured
along the center line of said County State Aid Highway No. 4; thence North 05
degrees 58 minutes 30 seconds West, 52.27 feet; thence on a tangential curve
to the right, 105.28 feet to the point of beginning; also excepting therefrom that
part thereof described as follows: Commencing at the northeast corner of said
Southeast Quarter; thence South 89 degrees 09 minutes 00 seconds West,
1311.71 feet along the north line of said Southeast Quarter to the center line of
Hennepin County State Aid Highway No. 4; thence South 00 degrees 28
minutes 00 seconds East along the center line of said County State Aid
Highway, 153.58 feet; thence on a tangential curve to the left 550.58 feet;
Page 2 of 5
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thence South 05 degrees 58 minutes 30 seconds East, tangent to the last
described curve 50.78 feet to the point of beginning of the tract to be described;
thence East 167.17 feet; thence South 210 feet; thence West 150 feet to the
center line of said County State Aid Highway No. 4; thence North 02 degrees 42
minutes 00 seconds West, 10 feet; thence on a tangential curve to the left
132.00 feet; thence North 05 degrees 58 minutes 30 seconds West, tangent to
last described curve, 68.77 feet to the point of beginning; also excepting
therefrom that part thereof described as follows: Commencing at the northeast
corner of said Southeast Quarter; thence South 89 degrees 09 minutes West
along the north line of said Southeast Quarter, 1095.16 feet to the southeasterly
right of way line of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railroad); thence South 42 degrees 24
minutes West along said right of way, 74 feet to the point of beginning of the
tract to be described; thence South 60 degrees 14 minutes East, 355.69 feet;
thence South 40 degrees 35 minutes West, 101.80 feet; thence North 60
degrees 14 minutes West, 359 feet; thence North 42 degrees 24 minutes East,
102.48 feet to the point of beginning; also excepting therefrom the rights of way
of County State Aid Highway No. 4 (Eden Prairie Road), Easy Street and
Scenic Heights Road;
Tract C. That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota, described
as follows: Beginning at a point on the south line of said Southeast Quarter of
the Northeast Quarter, distant 863.5 feet west of the southeast corner thereof;
thence west along said south line a distance of 209.60 feet, more or less, to the
southeasterly right of way line of the Chicago and North Western Transportation
Company (formerly the Minneapolis and St. Louis Railroad); thence
northeasterly along said right of way a distance of 305.85 feet; thence southerly
to the point of beginning; excepting therefrom the right of way of Easy Street;
Tract D. That part of the Southeast Quarter of the Northeast Quarter of Section 17,
Township 116 North, Range 22 West, Hennepin County, Minnesota, described
as follows: Beginning at a point on the south line of said Southeast Quarter of
the Northeast Quarter, distant 740 feet west of the southeast corner thereof;
thence west along said south line a distance of 123.51 feet; thence north to a
point on the southeasterly right of way line of the Chicago and North Western
Transportation Company (formerly the Minneapolis and St. Louis Railroad); a
distance of 305.85 feet northeasterly of the intersection of said southeasterly
right of way with south line of said Southeast Quarter of the Northeast Quarter;
thence northeasterly along said southeasterly right of way line a distance of
201.14 feet; thence southerly a distance of 369.51 feet, more or less, to the
point of beginning; excepting therefrom the right of way of Easy Street;
Tract E. That part of the east 740 feet of the Southeast Quarter of the Northeast Quarter
of Section 17, Township 116 North, Range 22 West, Hennepin County,
Page 3 of 5
Minnesota, lying southerly and easterly of the southeasterly right of way line of
the Chicago and North Western Transportation Company (formerly the
Minneapolis and St. Louis Railroad) as now located and established and
northerly of the northerly right of way line of Scenic Heights Road as now
located and established;
which lies within the following described tract: Commencing at Right of Way Boundary Corner
B16 as shown on Minnesota Department of Transportation Right of Way Plat No. 27-84, as
the same is on file and of record in the office of the County Recorder in and for said Hennepin
County; thence westerly on an azimuth of 268 degrees 34 minutes 22 seconds along the
boundary of said plat for 495.68 feet to Right of Way Boundary Corner B17 on the
southeasterly right of way line of the Chicago and North Western Transportation Company;
thence on an azimuth of 223 degrees 11 minutes 00 seconds along said southeasterly right
of way line for'1183.17 feet to the point of beginning of the tract to be described; thence on
an azimuth of 97 degrees 04 minutes 20 seconds for 49.51 feet; thence on an azimuth of 223
degrees 11 minutes 00 seconds for 517.88 feet; thence on an azimuth of 133 degrees 11
minutes 00 seconds for 100.00 feet; thence on an azimuth of 223 degrees 11 minutes 00
seconds for 250.00 feet; thence on an azimuth of 313 degrees 11 minutes 00 seconds for
100.00 feet; thence on an azimuth of 223 degrees 11 minutes 00 seconds for 169.76 feet to a
point hereafter referred to as "Point A";
thence on an azimuth of 358 degrees 34 minutes 21 seconds for 56.95 feet to the
southeasterly right of way line of the Chicago and North Western Transportation Company;
thence on an azimuth of 43 degrees 11 minutes 00 seconds along said southeasterly right of
way line for 867.92 feet to the point of beginning;
containing 39,028 square feet, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 212 from the lands herein conveyed;
except that access shall be permitted along the following described line: Beginning at Point
"A" hereinbefore described; thence northerly on an azimuth of 358 degrees 34 minutes 21
seconds for 56.95 feet to the southeasterly right of way line of the Chicago and North
Western Transportation Company and there terminating.
THE ABOVE DESCRIBED REAL PROPERTY IS SUBJECT TO THE RIGHTS OF
EXISTING UTILITIES, IF ANY, AS PROVIDED IN MINNESOTA STATUTES §161.45
SUBDIVISION 3.
The Seller certifies that the Seller does not know of any wells on the described real property.
Dated this day of , .
Page 4 of 5
STATE OF MINNESOTA
By
(Commissioner of Transportation)
(Director of the Office of Land Management)
(Assistant Director of the Office of
Land Management)
Seal of the Commissioner
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this day of , , before me, a Notary Public
within and for said County, personally appeared
to me personally known to be the person who executed the foregoing instrument and who did
say that he is the (Commissioner of Transportation) (Director of the Office of Land
Management and duly authorized agent of the Commissioner of Transportation) (Assistant
Director of the Office of Land Management and duly authorized agent of the Commissioner of
Transportation) of the State of Minnesota and acknowledged that he executed the foregoing
instrument and caused the seal of the Commissioner of Transportation to be affixed thereto,
by authority of Minnesota Statutes, Section 161.44, and as the free act and deed of said
State.
My commission expires:
Send Tax Statement to:
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Legal and Property
Management Unit,
St. Paul, MN 55155-1800
Page 5 of 5
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 19808 ITEM NO.:
Mary Krause Award Contract for the 2019 Mill and Overlay VIII. J.
Public Works/Engineering Project to Bituminous Roadways, Inc.
Requested Action
Move to: Award the Contract for 2019 Mill and Overlay Project to Bituminous Roadways,
Inc. in the amount of$2,039,055.00.
Synopsis
Sealed bids were received on Thursday, April 18, 2019 for the 2019 Mill and Overlay Project.
Five (5) bids were received and are summarized below. The low bid in the amount of
$2,039,055.00 was submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and
recommends awarding the contract for the project to Bituminous Roadways, Inc. in the amount
of$2,039,055.00.
Bid Summary:
Bituminous Roadways, Inc. $2,039,055.00
GMH Asphalt $2,410,685.18
Park Construction $2,429,419.00
Valley Paving $2,444,444.00
MN paving &Materials $2,703,835.26
Background Information
The Bituminous Mill and Overlay Project is an annual street maintenance project. The 2019
Operating and Maintenance budget for milling and overlay is $141,000 with the majority of
funding being generated from the Pavement Management CIP. The Pavement Management CIP
is funded through franchise fees collected from Centerpoint Energy, Xcel Energy and Minnesota
Valley Electric collecting monies annually for pavement maintenance. In addition to the overlay
project, the pavement maintenance CIP fund also finances seal coating and other pavement
improvement projects.
Attachment
Contract
CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this day of 20_, by and between
City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, Inc.,
hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
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. 19808-2019 Bituminous Mill and Overlay Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices,based
on estimated required quantities is estimated to be $2,039,055.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
b. Proposal Form
c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
By
Its City Mayor
By
Its City Manager
CONTRACTOR
In Presence Of:
By
Its
Its
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 19807 ITEM NO.:
Mary Krause Award Contract to Pearson Brothers, Inc., for the VIII. K.
Public Works/Engineering 2019 Sealcoating Project
Requested Action
Move to: Award the Contract for 2019 Sealcoating Project to Pearson Brothers, Inc., in the
amount of$681,340.00.
Synopsis
Bids were received on Thursday, April 18, 2019 for the 2019 Sealcoating project. Three bids
were received and are tabulated as follows:
Pearson Brothers, Inc. $681,340.00
Allied Blacktop Company $773,650.00
ASTECH Corporation $830,235.00
Background Information
Street sealcoating is an annual street maintenance project. The unit prices for sealcoat this year
are higher than 2018 prices. The 2019 Operating and Maintenance budget for sealcoating is
$215,000. The balance between the actual project costs and the budgeted amount will be taken
from the CIP pavement management fund.
Attachment
Contract
CONSTRUCTION SHORT FORM CONTRACT
THIS AGREEMENT, made and executed this day of 2019, by and between
City of Eden Prairie hereinafter referred to as the "CITY", and Pearson Brothers, Inc., hereinafter
referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
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. 19807-2019 Street Sealcoat Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices,based
on estimated required quantities is estimated to be $681,340.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
b. Proposal Form
c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
By
Its City Mayor
By
Its City Manager
CONTRACTOR
In Presence Of:
By
Its
Its
CITY COUNCIL AGENDA DATE
SECTION: Consent Calendar May 7, 2019
DEPARTMENT /DIVISION ITEM DESCRIPTION ITEM NO.
Fire
Paul Schlueter/Fleet Services Replace Assistant Fire Chief Vehicle#351 VIII. L.
Requested Action
Move to: Award contract to Ford of Hibbing to purchase a new 2020 Ford Utility Interceptor Hybrid for
a cost of$42,471.84.
Synopsis
Assistant Fire Chief Vehicle# 351 was approved for replacement by the City Council on October 16, 2018.
The vehicle being replaced is a 2011 Chevrolet Tahoe Special Service Vehicle. It is the desire of the Fire
Department to replace this vehicle with a 2020 Ford Police Interceptor Utility Hybrid. The hybrid
powertrain of this vehicle will significantly reduce life cycle fuel costs and contribute to a cleaner
environment.
Fleet Services typically purchases vehicles using the State of Minnesota Cooperative Purchasing Venture
(CPV)under contracts that are already negotiated and in place with the State. This Ford Utility Interceptor
Hybrid is not on any current State contract. Per City Purchasing Policy, Fleet Services solicited quotes for
this vehicle and a summary of the quotes received are noted below.
Vendor: Quoted Price:
Ford of Hibbing $42,471.84
Midway Ford $43,777.00
The low quote that met our specifications is from Ford of Hibbing. Staff is requesting approval and award
of the purchase contract to Ford of Hibbing for the quoted amount of$42,471.84.
Funds for this purchase are included in the 2019 Fleet Capital Internal Service Fund budget.
Attachment
City of Eden Prairie /Ford of Hibbing— Standard Contract for Goods and Services
2017 06 10
Contract for Goods and Services
This Contract ("Contract") is made on the 7th day of May 2019, between the City of Eden Prairie,
Minnesota(hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Ford of Hibbing, a Minnesota Corporation (hereinafter "Vendor") whose business
address is 1502 E Howard Street, Hibbing MN 55746.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services
by Vendor for supplying and delivering a 2020 Ford Police Interceptor Utility Hybrid hereinafter
referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by October 1, 2019.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$42,471.84 with
total payments not to exceed $42,471.84 as full and complete payment for the goods, labor,
materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
6. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor's services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City's written acceptance of the Work. The City's rights under the
Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
9. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
10. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
12. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
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.
Standard Purchasing Contract 2017 06 01 Page 2 of 5
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City's public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
Standard Purchasing Contract 2017 06 01 Page 3 of 5
all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Vendor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to examination
by the City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Contract is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of
the Data Practice Act and Vendor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Vendor in relation to this Contract
shall contain similar Data Practices Act compliance language.
Standard Purchasing Contract 2017 06 01 Page 4 of 5
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
VENDOR
By:
Its:
Standard Purchasing Contract 2017 06 01 Page 5 of 5
EXHIBIT-A
HYBRID ENGINE ONLY BASE PRICE $ 34,759.34
Police Interceptor Utility AWD K8A S
AWD 3.3L V6 Direct-Injection Hybrid Engine System with 10-Speed Automatic Transmission(136-MPH
Top Speed)99W+44B 99W STD X INCL
(Vermillion Red E4 N/C X N/C
EQUIPMENT GROUP
Interior Upgrade Package
•1st and 2nd Row Carpet Floor Covering
•Cloth Seats—Rear
•Center Floor Console less shifter w/unique Police console finish plate
•Includes Console and Top Plate with 2 cup holders
•Floor Mats,front and rear(carpeted) 65U 371.00 X $ 371.00
•Deletes the standard console mounting plate(85D)
•SYNC°30
—Enhanced Voice Recognition Communications and Entertainment System
—4.2"Color LCD Screen Center-Stack"Smart Display"
—AppLink°
—911 Assist°
Note:SYNC°AppLink°lets you control some of your favorite compatible mobile apps with your voice.It is
compatible with select smartphone platforms.Commands may vary by phone and Applink°software.
Note:Not available with options:67H,67U,85R
Front Headlamp Lighting Solution
•Includes LED Low beam/High beam headlamp,Wig-wag function and Red/Blue/White LED side
warning lights(driver's side White/Red/passenger side White/Blue)
•Includes pre-wire for grille LED lights,siren and speaker(60A) 66A 850.00 X $ 850.00
•Wiring,LED lights included.Controller"not"included
Note:Not available with option:67H
Note:Recommend using Ultimate Wiring Package(67U)
Tail Lamp Lighting Solution
•Includes LED lights plus two(2)rear integrated hemispheric lighthead white LED side warning
lights in taillamps
•LED lights only.Wiring,controller"not"included
Note:Not available with option:67H
Note:Recommend using Ultimate Wiring Package(67U)
66B 0 66C 433.00 X $ 433.00
Rear Lighting Solution
•Includes two(2)backlit flashing linear high-intensity LED lights(driver's side red/passenger side
blue)mounted to inside liftgate glass
•Includes two(2)backlit flashing linear high-intensity LED lights(driver's side red/Passenger side
blue)installed on inside lip of liftgate(lights activate when liftgate is open)
•LED lights only.Wiring,controller"not"included
Note:Not available with option:67H
Note:LED lights only—does"not"include wiring or controller
Note:Recommend using Ultimate Wiring Package(67U)
Police Wire Harness Connector Kit—Front/Rear
For connectivity to Ford PI Package solutions includes:
•Front
—(2)Male 4-pin connectors for siren
—(5)Female 4-pin connectors for lighting/siren/speaker
—(1)4-pin IP connector for speakers
—(1)4-pin IP connector for siren controller connectivity
—(1)8-pin sealed connector
—(1)14-pin IP connector 67V 176.00 X $ 176.00
•Rear
—(2)Male 4-pin connectors for siren
—(5)Female 4-pin connectors for lighting/siren/speaker
—(1)4-pin IP connector for speakers
—(1)4-pin IP connector for siren controller connectivity
—(1)8-pin sealed connector
—(1)14-pin IP connector
Note:Note:See Upfitters guide for further detail www.fordpoliceinterceptorupfit.com
KEY EXTERIOR OPTIONS
Engine Block Heater 41H 86.00 X $ 86.00
License Plate Bracket—Front 153 N/C X N/C
Lamps/Lighting
Daytime Running Lamps 942 42.00 X $ 42.00
Switchable Red/White Lighting in Cargo Area(deletes 3rd row overhead map light) 17T 49.00 X $ 49.00
Front Warning Auxiliary LED Lights(Driver side—Red/Passenger side—Blue)
Note:Requires 60A 21L 524.00 X $ 524.00
Front Interior Visor Light Bar(LED)
•Super low-profile warning LED light bar fully integrated into the top of the windshield near the
headliner—fully programable.(Red/Red or Blue/Blue operation.White"take down"and"scene"
capabilities) 96W 1,087.00 X $ 1,087.00
Note:Recommend using Ready for the Road Package(67H)or Ultimate Wiring Package(67U)(when not
ordering the Interior Upgrade Package[65U])
Note:Front Console Plate no longer required;can be ordered with Interior Upgrade Package(65U)
Pre-wiring for grille LED lights,siren and speaker 60A 0/P-66A/P-67H/P-67U 60A 49.50 X $ 49.50
Rear Quarter Glass Side Marker LED Lights(Driver side—Red/Passenger side—Blue) 63L 546.00 X $ 546.00
Rear Spoiler Traffic Warning Lights(LED)
•Fully integrated in rear spoiler for enhanced visibility
•Provides red/blue/amber directional lighting—fully programmable 96T 1,420.00 X $ 1,420.00
Note:Rear Console Plate no longer required;can be ordered with Interior Upgrade Package(65U)
Note:Recommend using Ready for the Road Package(67H)or Ultimate Wiring Package(67U)(when not
ordering the Interior Upgrade Package[65U])
Side Marker LED—Sideview Mirrors(Driver side—Red/Passenger side—Blue)
•Located on exterior mirror housing 63B 276.00 X $ 276.00
•LED lights only.Wiring,controller"not"included
Note:Recommend using Ready for the Road Package(67H)or Ultimate Wiring Package(67U)
Wheels
18"Painted Aluminum Wheel
Note:Spare wheel is an 18"conventional(Police)black steel wheel.Not available with 65L. 64E 451.00 X $ 451.00
Audio/Video
Rear View Camera displayed in rear view mirror(Includes Electrochromic Rear View Mirror)
Note:This option replaces the standard display in the center stack area. 87R N/C X N/C
Note:Camera can only be displayed in the center stack(std)"OR"the rear view mirror(87R)
Safety&Security
BLIS®—Blind Spot Monitoring with Cross-traffic Alert(Requires 54Z)
Note:Includes manual fold-away mirrors,w/heat,w/o memory,w/o puddle lamps 55B 517.00 X $ 517.00
Reverse Sensing System 76R 261.00 X $ 261.00
Misc
E Class III Trailer Tow Lighting Package(4-pin and 7-pin connectors and wiring)NEW OPTION 52T 76.00 X $ 76.00
OH8 AGM Battery(900 CCA/92-amp)NEW OPTION 19K ▪ 104.00 X $ 104.00
Noise Suppression Bonds(Ground Straps) 60R 95.00 X $ 95.00
100 Watt Siren/Speaker(includes bracket and pigtail) 18X ▪ 299.00 X $ 299.00
BRAKE CONTROLLER DLR INSTALLED DLR1 242.00 -
TOTAL PER UNIT COST $ 42,471.84
CITY COUNCIL AGENDA DATE
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO.
Department Approve Contract with US Digital Designs VIII. M.
Scott Gerber/Fire Department for G2 Fire Station Alerting System
Requested Action
Move to: Approve contract with US Digital Designs for G2 Fire Station Alerting System in an amount
not to exceed $174,912.04 and authorize Mayor and City Manager to execute the contract and all related
documents.
Synopsis
The Fire Department has historically relied on pagers and an outdated station alerting system to alert
firefighters to an emergency situation. An up to date Fire Station Alerting system provides a better method
of alerting firefighters in our fire stations to respond to an emergency, a more effective dispatch process,
and a more effective use of resources. The Department has researched various systems and determined
that the G2 Fire Station Alerting system offered by US Digital Designs is the only system that offers the
features required by the Department.
Background
Pagers are currently used to alert firefighters to an emergency situation while at their homes, in the
community, and in our fire stations. We also currently utilize an outdated and patched in station alerting
system. Studies have shown that both systolic and diastolic pressure increases occur with jarring alerting
systems and such increases are associates with an increased risk of heart attack and stroke. The Digital
Design system is a station based alerting system that automatically alerts our duty crews when a 911 call
is entered into the CAD (Computer Aided Dispatch) system. The Alerting system alerts fire stations
automatically as information is entered into the CAD system,thereby enhancing dispatcher effectiveness,
freeing up dispatchers to communicate with callers, and manage the dispatch process/resources more
successfully. The alerting system utilizes ramped alert tones, ramped lightning, and zoned alerting only
notify required resources. Firefighters/duty crew response times are enhanced because they don't have to
wait for the dispatcher to get all of the information before alerting. The system meets the NFPA standard
on Health and Wellness,provides consistent station alerting vocals, and provides a mobile app to help off
duty firefighters maintain situational awareness. The Fire Department explored purchasing such a system
through National Purchasing Partners and its government division NPPGOV, dba FireRescue GPO
(NPPGov) which used Public Purchasing Authority as its lead purchasing agent. NPPGov solicited
responses from five vendors and using a weighted evaluation system selected two successful vendors US
Digital Design and Purvis Systems. In examining the offering of both,the Fire Department has determined
the US Digital Design system contains features that are advantageous for the City. Because NPPGov used
an RFP process to arrive at two successful vendors, the City Attorney advised that the Fire Department
could make the purchase without seeking addition quotations,since no other vendor offered mobile paging
app required by the Department and further could rely on the NPPGov process which selected US Digital
as one of its successful vendors if the price was less that $175,000.00.
Attachments
Quote and Contract for G2 Fire Station Alerting System.
2017 06 01
Agreement for Contract Services
This Agreement ("Agreement") is made on the 7th day of May, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Racom Corporation, an Iowa Minnesota corporation, hereinafter
"Contractor")whose business address is 1521 Oxford Street, Worthington, MN 56187.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
installation of USDD Phoenix G2 Alerting System hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of May
7, 2019. The Work shall be completed by July 31, 2019.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City's no smoking policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$22,736.00 as
full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. 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."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not
remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
Standard Agreement for Contract Services 2017 06 01.01
Page 2 of 10
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
Standard Agreement for Contract Services 2017 06 01.01
Page 3 of 10
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured.
f. All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance
of the Work.
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coverages required herein.
1. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten(10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-,unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
Standard Agreement for Contract Services 2017 06 01.01
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of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's
right to enforce the terms of Contractor's obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City(including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen(15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Standard Agreement for Contract Services 2017 06 01.01
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Agreement, from the date of City's written acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or
nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
Standard Agreement for Contract Services 2017 06 01.01
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proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating 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
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
Standard Agreement for Contract Services 2017 06 01.01
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17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City's public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties,unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Contractor shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
Standard Agreement for Contract Services 2017 06 01.01
Page 8 of 10
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data 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 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 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.
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.
Standard Agreement for Contract Services 2017 06 01.01
Page 9 of 10
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
RACOM CORPORATION
By:
Its:
Standard Agreement for Contract Services 2017 06 01.01
Page 10 of 10
US DIGITAL DESIGNS
Tempe, Arizona USA
Phoenix G2 -Automated Fire Station Alerting
Quotation to:
Eden Prairie, Minnesota
Eden Prairie Fire Department
Project:
G2 Fire Station Alerting System
One (1) Dispatch System & Four(4) Station System
Proposal number
MN_EDNP001
Revision#
5
[Pricing Protected per Public Procurement Authority(PPA),Master Price Agreement(MPA)and available
to members of National Purchase Partners,LLC dba FireRescueGPO,dba Public Safety GPO,dba Law
Enforcement GPO and dba NPPGov-more information available at https://nppgov.com/contract/us-digital-
designs] Eden Prairie Fire Department is a member. Member#M-5710170
Quote Date:
17-Apr-2019
Quote Expires:
16-Jul-2019
INSTALLATION BY:
Customer to contract directly with Racom
Kevin Hlavac kevin.hlavac@racom.net
By:
James Amos
Project Manager
US Digital Designs, Inc.
1835 E Sixth St#27
Tempe,AZ 85281
602-687-1748 direct
480-290-7892 fax
jamos@usdd.com
[This Proposal is subject to corrections due to Errors or Omissions]
PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 25
US DIGITAL DESIGIIS QUOTE
1835 E.Sixth St.Suite#27
Tempe,Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/17/19
Expires: 7/16/19
Quote SUBMITTED TO:
Eden Prairie, Minnesota
Eden Prairie Fire Department
REF PROPOSAL
MN EDNP001 v5 DISPATCH-LEVEL
PRIMARY DISPATCH G2 FSA SYSTEM
Dispatch center costs typically only need to be assumed once per dispatching agency, no matter how many stations are
dispatched(unless redundant centers or further modifications are needed).
DISPATCH SYSTEM INTERFACES
Item Unit Mfr Qty Description Part No. US List Unit I QUOTE UNIT QUOTE EXT
Radio System Interface(Full Console
DI1 LOT USDD 0 Interface-Requires(owner furbished) RSI-P $ 13,650.00 $12,285.00 $ -
dedicated console,specifically and
solely tasked for Station Alerting)
DI2 LOT USDD 0 Additional Radio Channel ARC $ 4,225.00 $ 3,802.50 $ -
CAD Interface-Tyler Technologies
DI3 LOT CAD (USDD-side Only-Customer CADI-P $ 11,950.00 $10,755.00 $ 10,755.00
responsibility to discuss CAD-side
costs(if any)with their vendor)
DISPATCH SYSTEM COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
G2 Communications Gateway Pair
DC1 PR USDD 1 (Hardware for CAD interface)2@1 RU G2-GW $ 9,250.00 $ 8,325.00 $ 8,325.00
each(2RU Total) _
DC2a Kit USDD 0 G2 Gateway Audio Radio Interface GaRi-RM $ 2,075.00 $ 1,867.50 $ -
(GaRi)-Rack Mount
DC2b Kit USDD G2 Gateway Audio Radio Interface GaRi-FM $ 2,075.00 $ 1,867.50 $ 1,867.50
(GaRi)-Flange Mount
DC3 Kit USDD 0 G2 Gateway Audio Serial Interface GaSi $ 1,440.00 $ 1,296.00 $ -
(GaSi)
DC4 Kit USDD 0 iG2 HDTV REMOTE Module(TV& TVR $ 975.00 I $ 877.50 $ -
Electrical Outlet by Others)
DC5 Kit USDD 0 G2 Light Tower Interface LTI $ 575.00 $ 517.50 $ -
PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 2 of 25
DISPATCH SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
DS1 HR USDD 50 Gateway Configuration& GW-CM $ 310.00 $ 279.00 $ 13,950.00
Modifications
DS2 LOT USDD 0 Radio System Interface Modification RSI-CM $ 4,225.00 $ 3,802.50 $ -
DS3 LOT USDD 1 Gateway Installation and Start-up GW-ISU $ 6,425.00 $ 5,782.50 $ 5,782.50
DS4 LOT USDD 1 Gateway Project Management GW-PM $ 305.78 $ 275.20 $ 275.20
Training-System Administrator/
DS5a LOT USDD 1 Dispatch Supervisor-On-Site(4 TRA-DIS-O $ 4,025.00 $ 3,622.50 $ 3,622.50
Hours)
Training-System Administrator/
DS5b LOT USDD 0 Dispatch Supervisor-Remote TRA-DIS-R $ 1,200.00 $ 1,080.00 $ -
Refresh (4 Hours)
Training-Station-Level
DS6a LOT USDD 1 Configuration and Equipment Usage TRA-STA-O $ 4,025.00 $ 3,622.50 $ 3,622.50
-On-Site(4 Hours)
Training-Station-Level
DS6b LOT USDD 0 Configuration and Equipment Usage TRA-STA-R $ 1,200.00 $ 1,080.00 $-Remote Refresh (4 Hours)
Training-Installation Contractor-
DS7a LOT USDD 0 On-Site/USDD G2 Certification/8 TRA-IC-O $ 5,325.00 $ 4,792.50 $ -
Hours(TBD-only needed if required
to use non-certified contractor)
Training-Installation Contractor-At
Arizona Training Center/USDD G2
DS7b LOT USDD 0 Certification/8 Hours (TBD-only TRA-IC-AZ $ 2,725.00 $ 2,452.50 $ -
needed if required to use non-certified
contractor)
Management Meeting with Customer/
DS8a HR USDD 0 at USDD Tempe,AZ location(per MTG-MGT-U $ 244.00 $ 219.60 $ -
Hour/Per Person)
Management Meeting with Customer/
DS8b LOT USDD at Customer Site(above per hour/per
0 person cost+required travel and MTG-MGT-C $ $ $
accomodation)
DS9 LOT USDD 0 Misc Option 1 $ - $ - $ -
DS10 LOT USDD 0 Misc Option 2 $ - $ - $ -
PRIMARY DISPATCH G2 FSA SYSTEM System Total: $ 48,200.20
Shipping Total: $ 99.00
System Subtotal $ 48,299.20
PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 3 of25
PRIMARY DISPATCH WARRANTY & SUPPORT
INCLUDES G2 MOBILE SMART-PHONE ALERTING APPS&USDD-HOSTED MAPPING SERVICES(if available).Customer
must elect to choose any coverage they require beyond initial warranty period,or USDD will not be authorized to provide any
service or support. Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or
elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details,
please review current USDD Warranty Statement and Service Agreement
DISPATCH-LEVEL WARRANTY&OPTIONAL RECURRING ANNUAL SUPPORT
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
[STANDARD]1st YEAR WARRANTY
&SUPPORT FOR THIS DISPATCH
SYSTEM(or Component):Telephone/
Remote Access Support(8:00 AM- 2827.9125 but No
5:00 PM MST) PLEASE NOTE: An Charge For Initial
17 HR USDD 1.5 additional 6 months(for total of 18 RS-IYR-STD $ 2,094.75 $1,885.28 Warranty Period/
months/1.5 years)of initial warranty Not Included in
has been offered by USDD for no Subtotals
additional cost so all stations can be
installed and enjoy same
warranty/support start/stop dates)
[STANDARD]EACH ADDITIONAL
YEAR(12-Months)WARRANTY&
SUPPORT FOR THIS DISPATCH
SYSTEM(or Component):Telephone/
18 LOT USDD 0.0 Remote Access Support(8:00 AM RS-AYR-STD $ 2,094.75 $ 1,885.28 $ -
5:00 PM MST) IF QUANTITY'0'THEN
NO ADDITIONAL SUPPORT IS
ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY
PERIOD
INDIVIDUAL DISPATCH SYSTEMS TOTALS
I PRIMARY DISPATCH G2 FSA SYSTEM TOTAL: $ 48,299.20 I
ENTIRE DISPATCH-LEVEL SUBTOTALS(NOW INCLUDING WARRANTY,OPTIONAL SUPPORT&TAX AS WELL
ALL DISPATCH-LEVEL SYSTEMS SUBTOTAL: $ 48,200.20
ALL DISPATCH-LEVEL SHIPPING SUBTOTAL: $ 99.00
ALL DISPATCH-LEVEL WARRANTY&SUPPORT: $ALL DISPATCH-LEVEL MISCELLANEOUS. (if applicable): $ -
PRIMARY DISPATCH-LEVEL GRAND TOTAL: $48,299.20
(SEE'SECTION TOTALS'PAGE FOR EVEN MORE DETAIL)
PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 4 of 25
This quote does not include or assume any amounts forsales or use tax. Customer needs to contact its procurement department to determine if sales or use
tax is payable,and if so,to make the determination of the amount to be paid. Per our contracts,Customer is responsible for the payment of any sales or use
taxes owed from any purchase from USDD.
PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 5 of 25
US DIGITAL DESIGI1S QUOTE
1835 E.Sixth St.Suite#27
Tempe,Arizona 85281
877-551-8733 tel 480-290-7892 fax _ DATE: 4/17/19
Expires: 7/16/19
Quote SUBMITTED TO:
Eden Prairie,Minnesota
Eden Prairie Fire Department
REF PROPOSAL
MN EDNP001 v5 STATION-LEVEL
STATION 01
Based from USDD G2 Fire Station Alerting System Design Drawing#USDD.MN_EDNP.ALL STATIONS.FSA.2019.04.17.pdf
STATION SYSTEM LICENSES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SL1 Ea USDD 1 G2 VOICEALERT- Single Station License. VA $ 1,030.00 $ 927.00 $ 927.00
G2 MOBILE FSAS APP- Single Device License. Up
to 24 Licenses-Per-ATX are offered at$0.00 cost each
SL2 Ea/Yr USDD 24 as long as system is currently under warranty or elected G2-APP-DLI $ 108.00 $ 97.20 N/A-Included
recurring annual support coverage. See'Mobile'Section
for more detail.
STATION SYSTEM CONTROLLER
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
G2 ATX STATION CONTROLLER-
SC1 Kit USDD 1 Power/Signal/Control up to 8 peripheral Remote ATX $ 21,750.00 $ 19,575.00 $ 19,575.00
Options. 4 Unique Amps/Zones available.
G2 EXPANSION KIT -Allows ability to
SC2 Kit USDD 0 Power/Signal/Control up to 12 more peripheral EXP $ 7,325.00 $ 6,592.50 $ -
Remote options per EXP.
SC3 Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 54.00 $ 48.60 $ -
SC4 Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 54.00 $ 48.60 $ -
SC5 Ea TBD 0 ATX UPS,Standard UPS-STD $ 923.00 $ 830.70 $ -
SC6 Ea TBD 0 Shelf/Bracket,Wall-Mount for UPS UPS-WMB $ 57.00 $ 51.30 $ -
STATION SYSTEM PERIPHERAL COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SP1a Ea Atlas 0 Audio Amplifier,External,Standard AMP $ 987.00 $ 888.30 $ -
SP1 b Ea Atlas 0 Shelf,Under Table or Wall Mount,for 1 U 1/2 Rack AMP-S $ 66.00 $ 59.40 $ -
SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module-Up to CIR $ 725.00 $ 652.50 $
8 unique colors
SP3a Ea USDD 0 G2 HDTV REMOTE Module(TV&Electrical Outlet TVR $ 975.00 $ 877.50 $
by Others; C.E.C.control subject to TV ability)
Flat Panel Monitor/Smart HDTV 40-43"(Electrical
SP3b Ea USDD 0 Outlet/Provision By Others; C.E.C.control subject FP-43 $ 1,377.57 $ 1,239.81 $ -
to TV ability)
SP3c Ea USDD 0 Flat Panel/TV Mount-Universal 23"-46"Tilt FPM-U $ 107.86 $ 97.07 $ -
SP4 Ea USDD 0 G2 I/O REMOTE Module w/8 In&8 Out IOR $ 1,275.00 $ 1,147.50 $ -
SP5 Ea USDD 0 Push Button,Standard(Black) PB-B $ 110.00 $ 99.00 $ -
SP6 Ea USDD 0 Push Button,Emergency(Red) PB-R $ 110.00 $ 99.00 $ -
SP7 Ea USDD 0 G2 MESSAGE REMOTE 2 Module(2017 Version MR2 $ 1,275.00 $ 1,147.50 $
PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 6 of 25
G2 MESSAGE SIGN(Digital LED)MINI
SP9a Ea USDD 0 GammaSign /12:Active Screen Width/Turn Out MS-G-M $ 915.00 $ 823.50 $ -
Timing ONLY
SP9b Ea USDD 8 G2 MESSAGE SIGN(Digital LED)STANDARD MS-G-S $ 1,050.00 $ 945.00 $ 7,560.00
GammaSign /24"Active Screen Width
-
SP9c Ea USDD 0 G2 MESSAGE SIGN(Digital LED)EXTENDED MS-G-E $ 1,575.00 $ 1,417.50 $ -
GammaSign/36"Active Screen Width
MS-G Adapter Plate,SINGLE.VESA 100,joins(1)MS-G
SP9d Ea USDD 0 S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-S $ 38.00 $ 34.20 $ -
(mount not included)
MS-G Adapter Plate,DOUBLE,VESA 100,loins(2)MS-
SP9e Ea USDD 2 G-S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-D $ 49.00 $ 44.10 $ 88.20
(mount not included)
MS-G Hanger Kit. Hangs single or double(back-to-back)
SP9f Ea USDD 0 Message Signs(Gamma Version)from Ceiling. Includes both MS-HK $ 73.00 $ 65.70 $ -
suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange
Mounts.
SP11 Ea USDD 2 MS Mount-Articulating,Long reach MS-MNT-ART-L $ 287.00 $ 258.30 $ 516.60
SP12a Ea USDD 0 G2 ROOM REMOTE 2 Module/2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ -
SP12c Ea USDD 0 RR2 Adpater Plate,for Retrofit in RR1 Wall Cavity RR2-AP $ 46.00 $ 41.40 $ -
RR2 Surface Mount Box,for SURFACE MOUNT
SP12d Ea USDD 0 (hard wall)installation. Three(3)3/4"conduit RR2-SMB $ 175.00 $ 157.50 $ -
knock-outs.
SP15 Ea USDD 0 G02 SPEAKER-LED Illuminated-FLUSH Mount, SPK-LED-FM $ 325.00 $ 292.50 $ -
v
SP16 Ea USDD 0 G2 SPEAKER-LED Illuminated-SURFACE SPK-LED-SM $ 325.00 $ 292.50 $ -
Mount(Metal Box),70v
G2 SPEAKER-OmniAlertStrobe-
Omnidirectional Alerting Speaker,optimized for
SP17a Ea USDD 0 high Vocal Intelligibility in large open indoor areas SPK-OAS $ 815.00 $ 733.50 $ -
and with High-Intensity LED Strobe Light Arrays-
includes Cable Hanging Kit(typically requires MR2
for power/signal/control)
SPK-OAS/OmniStrobe Mounting Bracket/BEAM
SP17b Ea USDD 0 FLANGE CLIP-for mounting directly onto an SPK-OAS-BFC $ 13.00 $ 11.70 $ -
exposed(1/8-14")I-Beam
SPK-OAS/OmniStrobe Mounting Bracket/DROP
SP17c Ea USDD 0 CEILING BRACKET-for mounting directly to T-Bar SPK-OAS-DCB $ 48.00 $ 43.20 $ -
in Suspended Ceiling
SPK-OAS/OmniStrobe Mounting Bracket/
SP17d Ea USDD 0 SURFACE MOUNT-for mounting directly to hard SPK-OAS-SMB $ 42.00 $ 37.80 $ -
ceiling
SP18a Ea Bogn 2 SPEAKER-STANDARD,FLUSH Mount,70v SPK-STD-FM $ 85.00 $ 76.50 $ 153.00
SP18b Ea Bogn 0 SPEAKER-STANDARD,SURFACE Mount(Metal SPK-STD-SM $ 85.00 $ 76.50 $
Box),70v
SP19 Ea Bogn 6 SPEAKER-APP BAY/OUTDOOR-Weatherized, SPK-W-SM $ 310.00 $ 279.00 $ 1,674.00
Surface Mount,70v
SP20 Ea TIC 0 Transformer,8ohm to 70V,External XFMR $ 53.00 $ 47.70 $ -
SP21 Ea USDD 0 G2 Strobe Light/Red LED STR $ 550.00 $ 495.00 $ -
SP22 Ea USDD 0 Miscellaneous MISC $ - $ - $ -
STATION SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SS1 Ea USDD 0 Station Installation Customer to contract ST-INST $ $ $
directly with Racom for installation
Station Remediation(Removal and Disposal of
SS2 Ea USDD 0 Legacy Equipment Not currently Assumed or ST-INST $ $ $
Included,nor is any related Remediation to Paint,
Drywall,etc.)
PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 7 of 25
SS3 Ea USDD 1 Station Configuration&Start-Up ST-SU $ 1,628.28 $ 1,465.45 $ 1,465.45
SS4 Ea USDD 1 Station Project Management ST-PM $ 1,025.91 $ 923.32 $ 923.32
SS5 Ea USDD 1 Station Engineering/Design Services ST-ES $ 440.47 $ 396.42 $ 396.42
SS6 Ea USDD 1 Station Documentation ST-DM $ 56.92 $ 51.23 $ 51.23
Station Training-Configuration and Equipment.
SS7a Ea USDD 0 On-Site @ Station. 4 Hours,1 Visit.(for Technical TRA-UT-O $ 4,025.00 $ 3,622.50 $ -
Services Statff)
SS7b Ea USDD 0 Station Training-User/Technician/Remote TRA-UT-R $ 600.00 $ 540.00 $ -
Refresh(2 Hours/
Training-Installation Contractor-On-Site/
SS8a Ea USDD 0 USDD G2 Certification/8 Hours/(TBD-only TRA-IC-O $ 5,325.00 $ 4,792.50 $ -
needed if requied to use non-certified contractor)
Training-Installation Contractor-At Arizona
SS8b Ea USDD 0 Training Center/USDD G2 Certification/4 Hours TRA-IC-AZ $ 2,725.00 $ 2,452.50 $ -
/ (TBD-only needed if required to use non-certified
contractor)
SS9 Ea usoo 0 Miscellaneous/TBD MISC $ - i $ - $ -
STATION SYSTEM WARRANTY&OPTIONAL RECURRING ANNUAL SUPPORT
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
[STANDARD]1st YEAR WARRANTY&
SUPPORT FOR THIS STATION SYSTEM(or
component):Telephone/Remote Access Support 4116.663 but No
(8:00 AM-5:00 PM MST) PLEASE NOTE: An Charge For Initial
SW1 YR USDD 1.5 additional 6 months(for total of 18 months/1.5 RS-IYR-STD $ 3,049.38 $ 2,744.44 Warranty Period/
years)of initial warranty has been offered by USDD Not Included in
for no additional cost so all stations can be installed Subtotals
and enjoy same warranty/support start/stop dates)
[STANDARD]EACH ADDITIONAL YEAR(12-
Months)WARRANTY&SUPPORT FOR THIS
STATION SYSTEM(or Component):Telephone/
SW2 YR USDD 0.0 Remote Access Support(8:00 AM-5:00 PM MST) RS-AYR-STD $ 3,049.38 $ 2,744.44 $IF QUANTITY'0'THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
STATION 01 System: $ 33,330.22
Shipping: $ 647.00
Warranty&Support: $ -
Miscellaneous(if applicable) $ -
STATION SUBTOTAL: $ 33,977.22
This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use
tax is payable,and if so,to make the determination of the amount to be paid. Per our contracts,Customer is responsible for the payment of any sales or use
taxes owed from any purchase from USDD.
Warranty&Support Notes:
Customer must elect to choose any coverage they require beyond initial warranty period,or USDD will not be authorized to provide any service or support.
Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support
Agreements subject to change if system design is modified. For additional details,please review current USDD Warranty Statement and Service Agreement.
USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD
Cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2
Trained&Certified Installation technician(installer). If customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant
or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity,performance and reliability
expectations.
Station System Installation Notes:
01-Unless specifically detailed in this proposal,no installation by USDD or it's subcontractors is assumed or provided.
PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 8 of 25
02-Because these are mission-critical systems,USDD can only warrant and support systems installed by G2 Trained and Certified Contractors.
03-USDD can source,qualify,train and certify Local Licensed Regional Subcontrators where needed.
04-Installation warranted by installation contractor-G2 FSAS warranted,serviced and supported by USDD.
05-Unless specifically detailed in this proposal,installation to be performed during normal working hours.
06-Unless specifically detailed in this proposal,no permit fees or material charges have been included.
07-Unless specifically detailed in this proposal,no removal or remediation has been assumed or included.
08-Unless specifically detailed in this proposal,no bonds of any type(performance,bid)have been assumed,included or budgeted for in this proposal.
09-USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival.
10-Structural backing for system devices and other millwork(not specifically detailed)by others.
11-If applicable,Gas Control Shutoff Valve Addendum(to USDD and installation contractor)must be signed prior to installation.
12-All electrical power,including(but not limited to)raceway,conduit, backboxes,service panels,high-voltage wiring and fixtures by others.
13-All communications pathway infrastructure(network,radio,etc.)by others unless specifically detailed in this proposal.
14-USDD cannot warrant nor support any owner-furbished(3rd-Party)system or component we are required to integrate with. USDD cannot warrant nor
support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
15-Any misuse,unauthorized modification,improper installation,excessive shock,attempted repair,accident,or improper or negligent use,storage,
transportation,or handling by any party other than USDD shall render this limited warranty null,void and of no further effect
PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 9 of 25
US DIGITAL DESIGNS QUOTE
1835 E.Sixth St.Suite#27
Tempe,Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/17/19
Expires: 7/16/19
Quote SUBMITTED TO:
Eden Prairie,Minnesota
Eden Prairie Fire Department
REF PROPOSAL
MN EDNP001 v5 STATION-LEVEL
STATION 02
Based from USDD G2 Fire Station Alerting System Design Drawing#USDD.MN EDNP.ALL STATIONS.FSA.2019.04.17.pdf
STATION SYSTEM LICENSES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SL1 Ea USDD 1 G2 VOICEALERT- Single Station License. VA $ 1,030.00 $ 927.00 $ 927.00 i
G2 MOBILE FSAS APP- Single Device License. Up
to 24 Licenses-Per-ATX are offered at$0.00 cost each
SL2 Ea/Yr USDD 24 as long as system is currently under warranty or elected G2-APP-DLI $ 108.00 $ 97.20 N/A-Included
recurring annual support coverage.See'Mobile'Section
for more detail.
STATION SYSTEM CONTROLLER
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
G2 ATX STATION CONTROLLER-
SC1 Kit USDD 1 Power/Signal/Control up to 8 peripheral Remote ATX $ 21,750.00 $ 19,575.00 $ 19,575.00
Options. 4 Unique Amps/Zones available.
G2 EXPANSION KIT -Allows ability to
SC2 Kit USDD 0 Power/Signal/Control up to 12 more peripheral EXP $ 7,325.00 $ 6,592.50 $ -
Remote options per EXP.
SC3 Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 54.00 $ 48.60 $ -
SC4 Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 54.00 $ 48.60 $ -
SC5 Ea TBD 0 ATX UPS,Standard UPS-STD $ 923.00 $ 830.70 $ -
SC6 Ea TBD 0 Shelf/Bracket,Wall-Mount for UPS UPS-WMB $ 57.00 $ 51.30 $ -
STATION SYSTEM PERIPHERAL COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SP1a Ea Atlas 0 Audio Amplifier,External,Standard AMP $ 987.00 $ 888.30 $ -
SP1 b Ea Atlas 0 Shelf,Under Table or Wall Mount,for 1U 1/2 Rack AMP-S $ 66.00 $ 59.40 $ -
SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module-Up to CIR $ 725.00 $ 652.50 $
8 unique colors
SP3a Ea USDD 0 G2 HDTV REMOTE Module(TV&Electrical Outlet TVR $ 975.00 $ 877.50 $
by Others; C.E.C.control subject to TV ability)
Flat Panel Monitor/Smart HDTV 40-43"(Electrical
SP3b Ea USDD 0 Outlet/Provision By Others; C.E.C.control subject FP-43 $ 1,377.57 $ 1,239.81 $ -
to TV ability)
SP3c Ea USDD 0 Flat Panel/TV Mount-Universal 23"-46"Tilt FPM-U $ 107.86 $ 97.07 $ -
SP4 Ea USDD 0 G2 I/O REMOTE Module w/8 In&8 Out IOR $ 1,275.00 $ 1,147.50 $ -
SP5 Ea USDD 0 Push Button,Standard(Black) PB-B $ 110.00 $ 99.00 $ -
SP6 Ea USDD 0 Push Button,Emergency(Red) PB-R $ 110.00 $ 99.00 $ -
SP7 Ea USDD 0 2 G2 MESSAGE REMOTE 2 Module(2017 Version MR2 $ 1,275.00 $ 1,147.50 $
PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 10 of 25
G2 MESSAGE SIGN(Digital LED)MINI
SP9a Ea USDD 0 GammaSign /12"Active Screen Width/Turn Out MS-G-M $ 915.00 $ 823.50 $ -
Timing ONLY
SP9b Ea USDD 4 G2 MESSAGE SIGN(Digital LED)STANDARD MS-G-S $ 1,050.00 $ 945.00 $ 3,780.00
GammaSign /24"Active Screen Width
SP9c Ea USDD 0 G2 MESSAGE SIGN(Digital LED)EXTENDED MS-G-E $ 1,575.00 $ 1,417.50 $ -
GammaSign/36"Active Screen Width
MS-G Adapter Plate,SINGLE.VESA 100,joins(1)MS-G
SP9d Ea USDD 0 S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-S $ 38.00 $ 34.20 $ -
(mount not included)
MS-G Adapter Plate,DOUBLE,VESA 100,joins(2)MS-
SP9e Ea USDD 1 G-S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-D $ 49.00 $ 44.10 $ 44.10
(mount not included)
MS-G Hanger Kit. Hangs single or double(back-to-back)
SP9f Ea USDD 0 Message Signs(Gamma Version)from Ceiling. Includes both MS-HK $ 73.00 $ 65.70 $ -
suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange
Mounts.
SP11 Ea USDD 1 MS Mount-Articulating,Long reach MS-MNT-ART-L $ 287.00 $ 258.30 $ 258.30
SP12a Ea USDD 0 G2 ROOM REMOTE 2 Module/2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ -
SP12c Ea USDD 0 RR2 Adpater Plate,for Retrofit in RR1 Wall Cavity RR2-AP $ 46.00 $ 41.40 $ -
RR2 Surface Mount Box,for SURFACE MOUNT
SP12d Ea USDD 0 (hard wall)installation. Three(3)3/4"conduit RR2-SMB $ 175.00 $ 157.50 $ -
knock-outs.
SP15 Ea USDD 0 G02 SPEAKER-LED Illuminated-FLUSH Mount, SPK-LED-FM $ 325.00 $ 292.50 $ -
v
SP16 Ea USDD 0 G2 SPEAKER-LED Illuminated-SURFACE SPK-LED-SM $ 325.00 $ 292.50 $ -
Mount(Metal Box),70v
G2 SPEAKER-OmniAlertStrobe-
Omnidirectional Alerting Speaker,optimized for
SP17a Ea USDD 0 high Vocal Intelligibility in large open indoor areas SPK-OAS $ 815.00 $ 733.50 $ -
and with High-Intensity LED Strobe Light Arrays-
includes Cable Hanging Kit(typically requires MR2
for power/signal/control)
SPK-OAS/OmniStrobe Mounting Bracket/BEAM
SP17b Ea USDD 0 FLANGE CLIP-for mounting directly onto an SPK-OAS-BFC $ 13.00 $ 11.70 $ -
exposed(1/8-14")I-Beam
SPK-OAS/OmniStrobe Mounting Bracket/DROP
SP17c Ea USDD 0 CEILING BRACKET-for mounting directly to T-Bar SPK-OAS-DCB $ 48.00 $ 43.20 $ -
in Suspended Ceiling
SPK-OAS/OmniStrobe Mounting Bracket/
SP17d Ea USDD 0 SURFACE MOUNT-for mounting directly to hard SPK-OAS-SMB $ 42.00 $ 37.80 $ -
ceiling
SP18a Ea Bogn 0 SPEAKER-STANDARD,FLUSH Mount,70v SPK-STD-FM $ 85.00 $ 76.50 $ -
SP18b Ea Bogn 0 SPEAKER-STANDARD,SURFACE Mount(Metal SPK-STD-SM $ 85.00 $ 76.50 $
Box),70v
SP19 Ea Bogn 6 SPEAKER-APP BAY/OUTDOOR-Weatherized, SPK-W-SM $ 310.00 $ 279.00 $ 1,674.00
Surface Mount,70v
SP20 Ea TIC 0 Transformer,8ohm to 70V,External XFMR $ 53.00 $ 47.70 $ -
SP21 Ea USDD 0 G2 Strobe Light/Red LED STR $ 550.00 $ 495.00 $ -
SP22 Ea USDD 0 Miscellaneous MISC $ - $ - $ -
STATION SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SS1 Ea USDD 0 Station Installation Customer to contract ST-INST $ $ $
directly with Racom for installation
Station Remediation(Removal and Disposal of
SS2 Ea USDD 0 Legacy Equipment Not currently Assumed or ST-INST $ $ $
Included,nor is any related Remediation to Paint,
Drywall,etc.)
PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 11 of 25
SS3 Ea USDD 1 Station Configuration&Start-Up ST-SU $ 1,557.91 $ 1,402.12 $ 1,402.12
SS4 Ea USDD 1 Station Project Management ST-PM $ 875.28 $ 787.75 $ 787.75
SS5 Ea USDD 1 Station Engineering/Design Services ST-ES $ 379.29 $ 341.36 $ 341.36
SS6 Ea USDD 1 Station Documentation ST-DM $ 43.76 $ 39.39 $ 39.39
Station Training-Configuration and Equipment.
SS7a Ea USDD 0 On-Site @ Station. 4 Hours,1 Visit.(for Technical TRA-UT-O $ 4,025.00 $ 3,622.50 $ -
Services Statff) _
SS7b Ea USDD 0 Station Training-User/Technician/Remote TRA-UT-R $ 600.00 $ 540.00 $ -
Refresh(2 Hours/
Training-Installation Contractor-On-Site/
SS8a Ea USDD 0 USDD G2 Certification/8 Hours/(TBD-only TRA-IC-O $ 5,325.00 $ 4,792.50 $ -
needed if requied to use non-certified contractor)
Training-Installation Contractor-At Arizona
SS8b Ea USDD 0 Training Center/USDD G2 Certification/4 Hours TRA-IC-AZ $ 2,725.00 $ 2,452.50 $ -
/ (TBD-only needed if required to use non-certified
contractor)
SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - i $ - $ -
STATION SYSTEM WARRANTY&OPTIONAL RECURRING ANNUAL SUPPORT
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
[STANDARD]1st YEAR WARRANTY&
SUPPORT FOR THIS STATION SYSTEM(or
component):Telephone/Remote Access Support 3544.884 but No
(8:00 AM-5:00 PM MST) PLEASE NOTE: An Charge For Initial
SW1 YR USDD 1.5 additional 6 months(for total of 18 months/1.5 RS-IYR-STD $ 2,625.84 $ 2,363.26 Warranty Period/
years)of initial warranty has been offered by USDD Not Included in
for no additional cost so all stations can be installed Subtotals
and enjoy same warranty/support start/stop dates)
[STANDARD]EACH ADDITIONAL YEAR(12-
Months)WARRANTY&SUPPORT FOR THIS
STATION SYSTEM(or Component):Telephone/
SW2 YR USDD 0.0 Remote Access Support(8:00 AM-5:00 PM MST) RS-AYR-STD $ 2,625.84 $ 2,363.26 $IF QUANTITY'0'THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
STATION 02 System: $ 28,829.02
Shipping: $ 488.00
Warranty&Support: $ -
Miscellaneous(if applicable) $ -
STATION SUBTOTAL: $ 29,317.02
This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use
tax is payable,and if so,to make the determination of the amount to be paid. Per our contracts,Customer is responsible for the payment of any sales or use
taxes owed from any purchase from USDD.
Warranty&Support Notes:
Customer must elect to choose any coverage they require beyond initial warranty period,or USDD will not be authorized to provide any service or support.
Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support
Agreements subject to change if system design is modified. For additional details,please review current USDD Warranty Statement and Service Agreement.
USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD
Cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2
Trained&Certified Installation technician(installer). If customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant
or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity,performance and reliability
expectations.
Station System Installation Notes:
01-Unless specifically detailed in this proposal,no installation by USDD or it's subcontractors is assumed or provided.
PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 12 of 25
02-Because these are mission-critical systems,USDD can only warrant and support systems installed by G2 Trained and Certified Contractors.
03-USDD can source,qualify,train and certify Local Licensed Regional Subcontrators where needed.
04-Installation warranted by installation contractor-G2 FSAS warranted,serviced and supported by USDD.
05-Unless specifically detailed in this proposal,installation to be performed during normal working hours.
06-Unless specifically detailed in this proposal,no permit fees or material charges have been included.
07-Unless specifically detailed in this proposal,no removal or remediation has been assumed or included.
08-Unless specifically detailed in this proposal,no bonds of any type(performance,bid)have been assumed,included or budgeted for in this proposal.
09-USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival.
10-Structural backing for system devices and other millwork(not specifically detailed)by others.
11-If applicable,Gas Control Shutoff Valve Addendum(to USDD and installation contractor)must be signed prior to installation.
12-All electrical power,including(but not limited to)raceway,conduit, backboxes,service panels,high-voltage wiring and fixtures by others.
13-All communications pathway infrastructure(network,radio,etc.)by others unless specifically detailed in this proposal.
14-USDD cannot warrant nor support any owner-furbished(3rd-Party)system or component we are required to integrate with. USDD cannot warrant nor
support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
15-Any misuse,unauthorized modification,improper installation,excessive shock,attempted repair,accident,or improper or negligent use,storage,
transportation,or handling by any party other than USDD shall render this limited warranty null,void and of no further effect
PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 13 of 25
US DIGITAL DESIGNS QUOTE
1835 E.Sixth St.Suite#27
Tempe,Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/17/19
Expires: 7/16/19
Quote SUBMITTED TO:
Eden Prairie,Minnesota
Eden Prairie Fire Department
REF PROPOSAL
MN EDNP001 v5 STATION-LEVEL
STATION 03
Based from USDD G2 Fire Station Alerting System Design Drawing#USDD.MN EDNP.ALL STATIONS.FSA.2019.04.17.pdf
STATION SYSTEM LICENSES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SL1 Ea USDD 1 G2 VOICEALERT- Single Station License. VA $ 1,030.00 $ 927.00 $ 927.00 i
G2 MOBILE FSAS APP- Single Device License. Up
to 24 Licenses-Per-ATX are offered at$0.00 cost each
SL2 Ea/Yr USDD 24 as long as system is currently under warranty or elected G2-APP-DLI $ 108.00 $ 97.20 N/A-Included
recurring annual support coverage.See'Mobile'Section
for more detail.
STATION SYSTEM CONTROLLER
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
G2 ATX STATION CONTROLLER-
SC1 Kit USDD 1 Power/Signal/Control up to 8 peripheral Remote ATX $ 21,750.00 $ 19,575.00 $ 19,575.00
Options. 4 Unique Amps/Zones available.
G2 EXPANSION KIT -Allows ability to
SC2 Kit USDD 0 Power/Signal/Control up to 12 more peripheral EXP $ 7,325.00 $ 6,592.50 $ -
Remote options per EXP.
SC3 Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 54.00 $ 48.60 $ -
SC4 Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 54.00 $ 48.60 $ -
SC5 Ea TBD 0 ATX UPS,Standard UPS-STD $ 923.00 $ 830.70 $ -
SC6 Ea TBD 0 Shelf/Bracket,Wall-Mount for UPS UPS-WMB $ 57.00 $ 51.30 $ -
STATION SYSTEM PERIPHERAL COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SP1a Ea Atlas 0 Audio Amplifier,External,Standard AMP $ 987.00 $ 888.30 $ -
SP1 b Ea Atlas 0 Shelf,Under Table or Wall Mount,for 1U 1/2 Rack AMP-S $ 66.00 $ 59.40 $ -
SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module-Up to CIR $ 725.00 $ 652.50 $
8 unique colors
SP3a Ea USDD 0 G2 HDTV REMOTE Module(TV&Electrical Outlet TVR $ 975.00 $ 877.50 $
by Others; C.E.C.control subject to TV ability)
Flat Panel Monitor/Smart HDTV 40-43"(Electrical
SP3b Ea USDD 0 Outlet/Provision By Others; C.E.C.control subject FP-43 $ 1,377.57 $ 1,239.81 $ -
to TV ability)
SP3c Ea USDD 0 Flat Panel/TV Mount-Universal 23"-46"Tilt FPM-U $ 107.86 $ 97.07 $ -
SP4 Ea USDD 0 G2 I/O REMOTE Module w/8 In&8 Out IOR $ 1,275.00 $ 1,147.50 $ -
SP5 Ea USDD 0 Push Button,Standard(Black) PB-B $ 110.00 $ 99.00 $ -
SP6 Ea USDD 0 Push Button,Emergency(Red) PB-R $ 110.00 $ 99.00 $ -
SP7 Ea USDD 0 2 G2 MESSAGE REMOTE 2 Module(2017 Version MR2 $ 1,275.00 $ 1,147.50 $
PROPRIETARY and CONFIDENTIAL STATION 03 SYSTEM Page 14 of 25
G2 MESSAGE SIGN(Digital LED)MINI
SP9a Ea USDD 0 GammaSign /12"Active Screen Width/Turn Out MS-G-M $ 915.00 $ 823.50 $ -
Timing ONLY
SP9b Ea USDD 6 G2 MESSAGE SIGN(Digital LED)STANDARD MS-G-S $ 1,050.00 $ 945.00 $ 5,670.00
GammaSign /24"Active Screen Width
SP9c Ea USDD 0 G2 MESSAGE SIGN(Digital LED)EXTENDED MS-G-E $ 1,575.00 $ 1,417.50 $ -
GammaSign/36"Active Screen Width
MS-G Adapter Plate,SINGLE.VESA 100,joins(1)MS-G
SP9d Ea USDD 0 S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-S $ 38.00 $ 34.20 $ -
(mount not included)
MS-G Adapter Plate,DOUBLE,VESA 100,joins(2)MS-
SP9e Ea USDD 2 G-S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-D $ 49.00 $ 44.10 $ 88.20
(mount not included)
MS-G Hanger Kit. Hangs single or double(back-to-back)
SP9f Ea USDD 0 Message Signs(Gamma Version)from Ceiling. Includes both MS-HK $ 73.00 $ 65.70 $ -
suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange
Mounts.
SP11 Ea USDD 2 MS Mount-Articulating,Long reach MS-MNT-ART-L $ 287.00 $ 258.30 $ 516.60
SP12a Ea USDD 0 G2 ROOM REMOTE 2 Module/2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ -
SP12c Ea USDD 0 RR2 Adpater Plate,for Retrofit in RR1 Wall Cavity RR2-AP $ 46.00 $ 41.40 $ -
RR2 Surface Mount Box,for SURFACE MOUNT
SP12d Ea USDD 0 (hard wall)installation. Three(3)3/4"conduit RR2-SMB $ 175.00 $ 157.50 $ -
knock-outs.
SP15 Ea USDD 0 G02 SPEAKER-LED Illuminated-FLUSH Mount, SPK-LED-FM $ 325.00 $ 292.50 $ -
v
SP16 Ea USDD 0 G2 SPEAKER-LED Illuminated-SURFACE SPK-LED-SM $ 325.00 $ 292.50 $ -
Mount(Metal Box),70v
G2 SPEAKER-OmniAlertStrobe-
Omnidirectional Alerting Speaker,optimized for
SP17a Ea USDD 0 high Vocal Intelligibility in large open indoor areas SPK-OAS $ 815.00 $ 733.50 $ -
and with High-Intensity LED Strobe Light Arrays-
includes Cable Hanging Kit(typically requires MR2
for power/signal/control)
SPK-OAS/OmniStrobe Mounting Bracket/BEAM
SP17b Ea USDD 0 FLANGE CLIP-for mounting directly onto an SPK-OAS-BFC $ 13.00 $ 11.70 $ -
exposed(1/8-14")I-Beam
SPK-OAS/OmniStrobe Mounting Bracket/DROP
SP17c Ea USDD 0 CEILING BRACKET-for mounting directly to T-Bar SPK-OAS-DCB $ 48.00 $ 43.20 $ -
in Suspended Ceiling
SPK-OAS/OmniStrobe Mounting Bracket/
SP17d Ea USDD 0 SURFACE MOUNT-for mounting directly to hard SPK-OAS-SMB $ 42.00 $ 37.80 $ -
ceiling
SP18a Ea Bogn 0 SPEAKER-STANDARD,FLUSH Mount,70v SPK-STD-FM $ 85.00 $ 76.50 $ -
SP18b Ea Bogn 0 SPEAKER-STANDARD,SURFACE Mount(Metal SPK-STD-SM $ 85.00 $ 76.50 $
Box),70v
SP19 Ea Bogn 5 SPEAKER-APP BAY/OUTDOOR-Weatherized, SPK-W-SM $ 310.00 $ 279.00 $ 1,395.00
Surface Mount,70v
SP20 Ea TIC 0 Transformer,8ohm to 70V,External XFMR $ 53.00 $ 47.70 $ -
SP21 Ea USDD 0 G2 Strobe Light/Red LED STR $ 550.00 $ 495.00 $ -
SP22 Ea USDD 0 Miscellaneous MISC $ - $ - $ -
STATION SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SS1 Ea USDD 0 Station Installation Customer to contract ST-INST $ $ $
directly with Racom for installation
Station Remediation(Removal and Disposal of
SS2 Ea USDD 0 Legacy Equipment Not currently Assumed or ST-INST $ $ $
Included,nor is any related Remediation to Paint,
Drywall,etc.)
PROPRIETARY and CONFIDENTIAL STATION 03 SYSTEM Page 15 of 25
SS3 Ea USDD 1 Station Configuration&Start-Up ST-SU $ 1,643.79 $ 1,479.41 $ 1,479.41
SS4 Ea USDD 1 Station Project Management ST-PM $ 939.06 $ 845.15 $ 845.15
SS5 Ea USDD 1 Station Engineering/Design Services ST-ES $ 469.53 $ 422.58 $ 422.58
SS6 Ea USDD 1 Station Documentation ST-DM $ 46.95 $ 42.26 $ 42.26
Station Training-Configuration and Equipment.
SS7a Ea USDD 0 On-Site @ Station. 4 Hours,1 Visit.(for Technical TRA-UT-O $ 4,025.00 $ 3,622.50 $ -
Services Statff) _
SS7b Ea USDD 0 Station Training-User/Technician/Remote TRA-UT-R $ 600.00 $ 540.00 $ -
Refresh(2 Hours/
Training-Installation Contractor-On-Site/
SS8a Ea USDD 0 USDD G2 Certification/8 Hours/(TBD-only TRA-IC-O $ 5,325.00 $ 4,792.50 $ -
needed if requied to use non-certified contractor)
Training-Installation Contractor-At Arizona
SS8b Ea USDD 0 Training Center/USDD G2 Certification/4 Hours TRA-IC-AZ $ 2,725.00 $ 2,452.50 $ -
/ (TBD-only needed if required to use non-certified
contractor)
SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - i $ - $ -
STATION SYSTEM WARRANTY&OPTIONAL RECURRING ANNUAL SUPPORT
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
[STANDARD]1st YEAR WARRANTY&
SUPPORT FOR THIS STATION SYSTEM(or
component):Telephone/Remote Access Support 3803.193 but No
(8:00 AM-5:00 PM MST) PLEASE NOTE: An Charge For Initial
SW1 YR USDD 1.5 additional 6 months(for total of 18 months/1.5 RS-IYR-STD $ 2,817.18 $ 2,535.46 Warranty Period/
years)of initial warranty has been offered by USDD Not Included in
for no additional cost so all stations can be installed Subtotals
and enjoy same warranty/support start/stop dates)
[STANDARD]EACH ADDITIONAL YEAR(12-
Months)WARRANTY&SUPPORT FOR THIS
STATION SYSTEM(or Component):Telephone/
SW2 YR USDD 0.0 Remote Access Support(8:00 AM-5:00 PM MST) RS-AYR-STD $ 2,817.18 $ 2,535.46 $IF QUANTITY'0'THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
STATION 03 System: $ 30,961.20
Shipping: $ 552.00
Warranty&Support: $ -
Miscellaneous(if applicable) $ -
STATION SUBTOTAL: $ 31,513.20
This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use
tax is payable,and if so,to make the determination of the amount to be paid. Per our contracts,Customer is responsible for the payment of any sales or use
taxes owed from any purchase from USDD.
Warranty&Support Notes:
Customer must elect to choose any coverage they require beyond initial warranty period,or USDD will not be authorized to provide any service or support.
Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support
Agreements subject to change if system design is modified. For additional details,please review current USDD Warranty Statement and Service Agreement.
USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD
Cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2
Trained&Certified Installation technician(installer). If customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant
or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity,performance and reliability
expectations.
Station System Installation Notes:
01-Unless specifically detailed in this proposal,no installation by USDD or it's subcontractors is assumed or provided.
PROPRIETARY and CONFIDENTIAL STATION 03 SYSTEM Page 16 of 25
02-Because these are mission-critical systems,USDD can only warrant and support systems installed by G2 Trained and Certified Contractors.
03-USDD can source,qualify,train and certify Local Licensed Regional Subcontrators where needed.
04-Installation warranted by installation contractor-G2 FSAS warranted,serviced and supported by USDD.
05-Unless specifically detailed in this proposal,installation to be performed during normal working hours.
06-Unless specifically detailed in this proposal,no permit fees or material charges have been included.
07-Unless specifically detailed in this proposal,no removal or remediation has been assumed or included.
08-Unless specifically detailed in this proposal,no bonds of any type(performance,bid)have been assumed,included or budgeted for in this proposal.
09-USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival.
10-Structural backing for system devices and other millwork(not specifically detailed)by others.
11-If applicable,Gas Control Shutoff Valve Addendum(to USDD and installation contractor)must be signed prior to installation.
12-All electrical power,including(but not limited to)raceway,conduit, backboxes,service panels,high-voltage wiring and fixtures by others.
13-All communications pathway infrastructure(network,radio,etc.)by others unless specifically detailed in this proposal.
14-USDD cannot warrant nor support any owner-furbished(3rd-Party)system or component we are required to integrate with. USDD cannot warrant nor
support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
15-Any misuse,unauthorized modification,improper installation,excessive shock,attempted repair,accident,or improper or negligent use,storage,
transportation,or handling by any party other than USDD shall render this limited warranty null,void and of no further effect
PROPRIETARY and CONFIDENTIAL STATION 03 SYSTEM Page 17 of 25
US DIGITAL DESIGNS QUOTE
1835 E.Sixth St.Suite#27
Tempe,Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/17/19
Expires: 7/16/19
Quote SUBMITTED TO:
Eden Prairie,Minnesota
Eden Prairie Fire Department
REF PROPOSAL
MN EDNP001 v5 STATION-LEVEL
STATION 04
Based from USDD G2 Fire Station Alerting System Design Drawing#USDD.MN EDNP.ALL STATIONS.FSA.2019.04.17.pdf
STATION SYSTEM LICENSES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SL1 Ea USDD 1 G2 VOICEALERT- Single Station License. VA $ 1,030.00 $ 927.00 $ 927.00 i
G2 MOBILE FSAS APP- Single Device License. Up
to 24 Licenses-Per-ATX are offered at$0.00 cost each
SL2 Ea/Yr USDD 24 as long as system is currently under warranty or elected G2-APP-DLI $ 108.00 $ 97.20 N/A-Included
recurring annual support coverage.See'Mobile'Section
for more detail.
STATION SYSTEM CONTROLLER
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
G2 ATX STATION CONTROLLER-
SC1 Kit USDD 1 Power/Signal/Control up to 8 peripheral Remote ATX $ 21,750.00 $ 19,575.00 $ 19,575.00
Options. 4 Unique Amps/Zones available.
G2 EXPANSION KIT -Allows ability to
SC2 Kit USDD 0 Power/Signal/Control up to 12 more peripheral EXP $ 7,325.00 $ 6,592.50 $ -
Remote options per EXP.
SC3 Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 54.00 $ 48.60 $ -
SC4 Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 54.00 $ 48.60 $ -
SC5 Ea TBD 0 ATX UPS,Standard UPS-STD $ 923.00 $ 830.70 $ -
SC6 Ea TBD 0 Shelf/Bracket,Wall-Mount for UPS UPS-WMB $ 57.00 $ 51.30 $ -
STATION SYSTEM PERIPHERAL COMPONENTS
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SP1a Ea Atlas 0 Audio Amplifier,External,Standard AMP $ 987.00 $ 888.30 $ -
SP1 b Ea Atlas 0 Shelf,Under Table or Wall Mount,for 1U 1/2 Rack AMP-S $ 66.00 $ 59.40 $ -
SP2 Ea USDD 0 G2 COLOR INDICATOR REMOTE Module-Up to CIR $ 725.00 $ 652.50 $
8 unique colors
SP3a Ea USDD 0 G2 HDTV REMOTE Module(TV&Electrical Outlet TVR $ 975.00 $ 877.50 $
by Others; C.E.C.control subject to TV ability)
Flat Panel Monitor/Smart HDTV 40-43"(Electrical
SP3b Ea USDD 0 Outlet/Provision By Others; C.E.C.control subject FP-43 $ 1,377.57 $ 1,239.81 $ -
to TV ability)
SP3c Ea USDD 0 Flat Panel/TV Mount-Universal 23"-46"Tilt FPM-U $ 107.86 $ 97.07 $ -
SP4 Ea USDD 0 G2 I/O REMOTE Module w/8 In&8 Out IOR $ 1,275.00 $ 1,147.50 $ -
SP5 Ea USDD 0 Push Button,Standard(Black) PB-B $ 110.00 $ 99.00 $ -
SP6 Ea USDD 0 Push Button,Emergency(Red) PB-R $ 110.00 $ 99.00 $ -
SP7 Ea USDD 0 2 G2 MESSAGE REMOTE 2 Module(2017 Version MR2 $ 1,275.00 $ 1,147.50 $
PROPRIETARY and CONFIDENTIAL STATION 04 SYSTEM Page 18 of 25
G2 MESSAGE SIGN(Digital LED)MINI
SP9a Ea USDD 0 GammaSign /12"Active Screen Width/Turn Out MS-G-M $ 915.00 $ 823.50 $ -
Timing ONLY
SP9b Ea USDD 6 G2 MESSAGE SIGN(Digital LED)STANDARD MS-G-S $ 1,050.00 $ 945.00 $ 5,670.00
GammaSign /24"Active Screen Width
SP9c Ea USDD 0 G2 MESSAGE SIGN(Digital LED)EXTENDED MS-G-E $ 1,575.00 $ 1,417.50 $ -
GammaSign/36"Active Screen Width
MS-G Adapter Plate,SINGLE.VESA 100,joins(1)MS-G
SP9d Ea USDD 0 S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-S $ 38.00 $ 34.20 $ -
(mount not included)
MS-G Adapter Plate,DOUBLE,VESA 100,joins(2)MS-
SP9e Ea USDD 2 G-S(or-E)to any standard mount with VESA 100 hole patterns MS-AP-D $ 49.00 $ 44.10 $ 88.20
(mount not included)
MS-G Hanger Kit. Hangs single or double(back-to-back)
SP9f Ea USDD 0 Message Signs(Gamma Version)from Ceiling. Includes both MS-HK $ 73.00 $ 65.70 $ -
suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange
Mounts.
SP11 Ea USDD 2 MS Mount-Articulating,Long reach MS-MNT-ART-L $ 287.00 $ 258.30 $ 516.60
SP12a Ea USDD 0 G2 ROOM REMOTE 2 Module/2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ -
SP12c Ea USDD 0 RR2 Adpater Plate,for Retrofit in RR1 Wall Cavity RR2-AP $ 46.00 $ 41.40 $ -
RR2 Surface Mount Box,for SURFACE MOUNT
SP12d Ea USDD 0 (hard wall)installation. Three(3)3/4"conduit RR2-SMB $ 175.00 $ 157.50 $ -
knock-outs.
SP15 Ea USDD 0 G02 SPEAKER-LED Illuminated-FLUSH Mount, SPK-LED-FM $ 325.00 $ 292.50 $ -
v
SP16 Ea USDD 0 G2 SPEAKER-LED Illuminated-SURFACE SPK-LED-SM $ 325.00 $ 292.50 $ -
Mount(Metal Box),70v
G2 SPEAKER-OmniAlertStrobe-
Omnidirectional Alerting Speaker,optimized for
SP17a Ea USDD 0 high Vocal Intelligibility in large open indoor areas SPK-OAS $ 815.00 $ 733.50 $ -
and with High-Intensity LED Strobe Light Arrays-
includes Cable Hanging Kit(typically requires MR2
for power/signal/control)
SPK-OAS/OmniStrobe Mounting Bracket/BEAM
SP17b Ea USDD 0 FLANGE CLIP-for mounting directly onto an SPK-OAS-BFC $ 13.00 $ 11.70 $ -
exposed(1/8-14")I-Beam
SPK-OAS/OmniStrobe Mounting Bracket/DROP
SP17c Ea USDD 0 CEILING BRACKET-for mounting directly to T-Bar SPK-OAS-DCB $ 48.00 $ 43.20 $ -
in Suspended Ceiling
SPK-OAS/OmniStrobe Mounting Bracket/
SP17d Ea USDD 0 SURFACE MOUNT-for mounting directly to hard SPK-OAS-SMB $ 42.00 $ 37.80 $ -
ceiling
SP18a Ea Bogn 0 SPEAKER-STANDARD,FLUSH Mount,70v SPK-STD-FM $ 85.00 $ 76.50 $ -
SP18b Ea Bogn 0 SPEAKER-STANDARD,SURFACE Mount(Metal SPK-STD-SM $ 85.00 $ 76.50 $
Box),70v
SP19 Ea Bogn 6 SPEAKER-APP BAY/OUTDOOR-Weatherized, SPK-W-SM $ 310.00 $ 279.00 $ 1,674.00
Surface Mount,70v
SP20 Ea TIC 0 Transformer,8ohm to 70V,External XFMR $ 53.00 $ 47.70 $ -
SP21 Ea USDD 0 G2 Strobe Light/Red LED STR $ 550.00 $ 495.00 $ -
SP22 Ea USDD 0 Miscellaneous MISC $ - $ - $ -
STATION SYSTEM SERVICES
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
SS1 Ea USDD 0 Station Installation Customer to contract ST-INST $ $ $
directly with Racom for installation
Station Remediation(Removal and Disposal of
SS2 Ea USDD 0 Legacy Equipment Not currently Assumed or ST-INST $ $ $
Included,nor is any related Remediation to Paint,
Drywall,etc.)
PROPRIETARY and CONFIDENTIAL STATION 04 SYSTEM Page 19 of 25
SS3 Ea USDD 1 Station Configuration&Start-Up ST-SU $ 1,654.54 $ 1,489.09 $ 1,489.09
SS4 Ea USDD 1 Station Project Management ST-PM $ 948.36 $ 853.52 $ 853.52
SS5 Ea USDD 1 Station Engineering/Design Services ST-ES $ 442.57 $ 398.31 $ 398.31
SS6 Ea USDD 1 Station Documentation ST-DM $ 47.42 $ 42.68 $ 42.68
Station Training-Configuration and Equipment.
SS7a Ea USDD 0 On-Site @ Station. 4 Hours,1 Visit.(for Technical TRA-UT-O $ 4,025.00 $ 3,622.50 $ -
Services Statff) _
SS7b Ea USDD 0 Station Training-User/Technician/Remote TRA-UT-R $ 600.00 $ 540.00 $ -
Refresh(2 Hours/
Training-Installation Contractor-On-Site/
SS8a Ea USDD 0 USDD G2 Certification/8 Hours/ (TBD-only TRA-IC-O $ 5,325.00 $ 4,792.50 $ -
needed if requied to use non-certified contractor)
Training-Installation Contractor-At Arizona
SS8b Ea USDD 0 Training Center/USDD G2 Certification/4 Hours TRA-IC-AZ $ 2,725.00 $ 2,452.50 $ -
/ (TBD-only needed if required to use non-certified
contractor)
SS9 Ea USDD 0 Miscellaneous/TBD MISC $ - i $ - $ -
STATION SYSTEM WARRANTY&OPTIONAL RECURRING ANNUAL SUPPORT
Item Unit Mfr Qty Description Part No. US List Unit QUOTE UNIT QUOTE EXT
[STANDARD]1st YEAR WARRANTY&
SUPPORT FOR THIS STATION SYSTEM(or
component):Telephone/Remote Access Support 3840.858 but No
(8:00 AM-5:00 PM MST) PLEASE NOTE: An Charge For Initial
SW1 YR USDD 1.5 additional 6 months(for total of 18 months/1.5 RS-IYR-STD $ 2,845.08 $ 2,560.57 Warranty Period/
years)of initial warranty has been offered by USDD Not Included in
for no additional cost so all stations can be installed Subtotals
and enjoy same warranty/support start/stop dates)
[STANDARD]EACH ADDITIONAL YEAR(12-
Months)WARRANTY&SUPPORT FOR THIS
STATION SYSTEM(or Component):Telephone/
SW2 YR USDD 0.0 Remote Access Support(8:00 AM-5:00 PM MST) RS-AYR-STD $ 2,845.08 $ 2,560.57 $IF QUANTITY'0'THEN NO ADDITIONAL
SUPPORT IS ASSUMED OR AUTHORIZED
BEYOND INITIAL WARRANTY PERIOD
STATION 04 System: $ 31,234.40
Shipping: $ 571.00
Warranty&Support: $ -
Miscellaneous(if applicable) $ -
STATION SUBTOTAL: $ 31,805.40
This quote does not include or assume any amounts for sales or use tax. Customer needs to contact its procurement department to determine if sales or use
tax is payable,and if so,to make the determination of the amount to be paid. Per our contracts,Customer is responsible for the payment of any sales or use
taxes owed from any purchase from USDD.
Warranty&Support Notes:
Customer must elect to choose any coverage they require beyond initial warranty period,or USDD will not be authorized to provide any service or support.
Mobile Smart Phone Alerting App and Mapping Services only available to customer while under warranty or elected recurring annual support. Support
Agreements subject to change if system design is modified. For additional details,please review current USDD Warranty Statement and Service Agreement.
USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file number. USDD
Cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor support any system not installed by G2
Trained&Certified Installation technician(installer). If customer intends to tie this system into any 3rd-party system or devices,USDD will be unable to warrant
or support the sytem until we've had a chance to review documented engineering assumptions and approve system integrity,performance and reliability
expectations.
Station System Installation Notes:
01-Unless specifically detailed in this proposal,no installation by USDD or it's subcontractors is assumed or provided.
PROPRIETARY and CONFIDENTIAL STATION 04 SYSTEM Page 20 of 25
02-Because these are mission-critical systems,USDD can only warrant and support systems installed by G2 Trained and Certified Contractors.
03-USDD can source,qualify,train and certify Local Licensed Regional Subcontrators where needed.
04-Installation warranted by installation contractor-G2 FSAS warranted,serviced and supported by USDD.
05-Unless specifically detailed in this proposal,installation to be performed during normal working hours.
06-Unless specifically detailed in this proposal,no permit fees or material charges have been included.
07-Unless specifically detailed in this proposal,no removal or remediation has been assumed or included.
08-Unless specifically detailed in this proposal,no bonds of any type(performance,bid)have been assumed,included or budgeted for in this proposal.
09-USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival.
10-Structural backing for system devices and other millwork(not specifically detailed)by others.
11-If applicable,Gas Control Shutoff Valve Addendum(to USDD and installation contractor)must be signed prior to installation.
12-All electrical power,including(but not limited to)raceway,conduit, backboxes,service panels,high-voltage wiring and fixtures by others.
13-All communications pathway infrastructure(network,radio,etc.)by others unless specifically detailed in this proposal.
14-USDD cannot warrant nor support any owner-furbished(3rd-Party)system or component we are required to integrate with. USDD cannot warrant nor
support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
15-Any misuse,unauthorized modification,improper installation,excessive shock,attempted repair,accident,or improper or negligent use,storage,
transportation,or handling by any party other than USDD shall render this limited warranty null,void and of no further effect
PROPRIETARY and CONFIDENTIAL STATION 04 SYSTEM Page 21 of25
US DIGITAL DESIGI1S QUOTE
1835 E.Sixth St. Suite#27
Tempe,Arizona 85281
877-551-8733 tel 480-290-7892 fax DATE: 4/17/19
Expires: 7/16/19
Quote SUBMITTED TO:
Eden Prairie, Minnesota
Eden Prairie Fire Department
REF PROPOSAL
MN EDNP001 v5 Section Totals
SECTION TOTALS
[UNLESS OTHERWISE NOTED,ALL PRICES ARE$US]
DISPATCH-LEVEL SUBTOTAL $ 48,299.20
Includes: PRIMARY DISPATCH G2 FSA SYSTEM : $ 48,299.20
PRIMARY DISPATCH MOBILE APP SERVICE : $ -
PRIMARY DISPATCH MAPPING SERVICE : $ -
PRIMARY DISPATCH WARRANTY&SUPPORT: $ -
PRIMARY DISPATCH G2 FSA SYSTEM MISC: $ -
Notes: One(1)Dispatch Center System currently proposed/included. No backup/disaster-
recovery dispatch systems have been requested or assumed/included in this
proposal.
STATION-LEVEL SUBTOTAL $ 126,612.84
Includes: STATION 01 SYSTEM: $ 33,977.22
STATION 01 WARRANTY&SUPPORT: $ -
STATION 01 MISC.: $ -
Includes: STATION 02 SYSTEM: $ 29,317.02
STATION 02 WARRANTY&SUPPORT: $ -
STATION 02 MISC.: $ -
Includes: STATION 03 SYSTEM: $ 31,513.20
STATION 03 WARRANTY&SUPPORT: $ -
STATION 03 MISC.: $ -
Includes: STATION 04 SYSTEM: $ 31,805.40
STATION 04 WARRANTY&SUPPORT: $ -
STATION 04 MISC.: $ -
Notes: Four(4)Station Systems currently included in this proposal,
US Digital Designs System Total $ 174,912.04
PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 22 of 25
This quote does not include or assume any amounts for sales or use tax. Customer needs to
contact its procurement department to determine if sales or use tax is payable,and if so,to
make the determination of the amount to be paid. Per our contracts, Customer is responsible
for the payment of any sales or use taxes owed from any purchase from USDD.
(TBD By Customer)Customer must elect to choose any coverage they require beyond initial warranty period,or
USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services
only available to customer while under warranty or elected recurring annual support. Support Agreements subject to
change if system design is modified. For additional details,please review current USDD Warranty Statement and
Service Agreement
PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 23 of 25
STANDARD TERMS AND CONDITIONS OF SALE
(Contract Sales)
1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency,free of exchange,or any other charges,or as
otherwise agreed in writing by US Digital Designs,Inc.(hereinafter called"USDD").
2. PROPOSALS This proposal expires 30 days after its date.Prices are subject to correction for error.
3. PROGRESS PAYMENTS USDD reserves the right to invoice Customer monthly for all materials delivered. Invoices are due NET 30 upon
receipt by Customer. If the Customer becomes overdue in any progress payment, USDD shall be entitled to suspend further shipments,
shall be entitled to interest at the annual rate of 18%, and also to avail itself of any other legal remedies. Customer agrees that it will pay
and/or reimburse USDD for any and all reasonable attorneys'fees and costs which are incurred by USDD in the collection of amounts due
and payable hereunder.
4. CANCELLATION AND SUSPENSION Any order resulting from this proposal is subject to cancellation or instructions to suspend work by the
Customer only upon agreement to pay USDD for all work in progress and all inventoried or ordered project parts and materials,and all other
costs incurred by USDD related to the contract.
5. TAXES All taxes of any kind levied by any federal,state,municipal or other governmental authority,which tax USDD is required to collect or
pay with respect to the production,sale,or delivery of products sold to Customer shall be the responsibility of Customer. Customer agrees to
pay all such taxes and further agrees to reimburse USDD for any such payments made by USDD.
6. LOSS, DAMAGE OR DELAY USDD shall not be liable for any loss, damage, or delay occasioned by any causes beyond USDD's control,
including, but not limited to, governmental actions or orders, embargoes, strikes, differences with workmen, fires, floods, accidents, or
transportation delays. IN NO EVENT SHALL USDD BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES.
7. WARRANTY: USDD warrants and guarantees its products for 12 months from the day of shipment to Customer(the "Warranty Period"),
subject to the terms and limitations set forth herein.The Customer's rights and remedies with respect to a product found to be defective in
material or workmanship shall be limited exclusively to the rights and remedies set forth herein. Any misuse, unauthorized modification,
improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage,transportation, or handling by any
party other than USDD shall render this warranty null, void and of no further effect. USDD cannot warrant nor support any system or
component it has not proofed engineering for and has not specifically authorized for use within public safety environments.
7.1 PRODUCT DEFECTS. If a product is defective and a valid claim is made within the Warranty Period,at its option, USDD will either(1)
repair the defective product at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the
product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original
product. Any replacement product or part,including a user-installable part that has been installed in accordance with instructions provided by
USDD,shall remain under warranty during the Warranty Period or for 90 days from the date of repair,whichever is later. When a product or
part is exchanged, any replacement item becomes the Customer's property and the replaced item becomes the property of USDD.
Customer shall be responsible for and bear all risks and costs of shipping any products to USDD for repair. USDD shall be responsible for
and bear all risks and costs of returning any product to Customer after repair or replacement. Replacement products will be returned to
Customer configured as it was when the product was originally purchased,subject to applicable updates.
7.2 CLAIMS. Prior to making a Warranty claim, Customer is encouraged to review USDD's online help resources. Thereafter, to make a
valid claim hereunder, Customer must contact USDD technical support and describe the problem or defect with specificity. The first such
contact must occur during the Warranty Period. USDD's technical support contact information can be found on USDD's web site at
http://stationalerting.com/home/about-usdd/contact-usdd/. Customer must use its best efforts to assist in diagnosing defects,follow USDD's
technical instructions,and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder.
7.3 EXCLUSIONS AND LIMITATIONS. USDD does not warrant that the operation of is product or any related peripherals will be
uninterrupted or error-free. USDD is not responsible for damage arising from Customer's failure to follow instructions relating to the product's
use. This Warranty does not apply to any Hardware or Software(as defined below)not used for its intended purpose. This Warranty does
not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to
the manufacturer's warranty,if any. Recovery and reinstallation of Hardware and user data(including passwords)are not covered under this
Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in
materials or workmanship; (b)to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c)to damage
caused by use with non-USDD products;(d)to damage caused by accident,abuse,misuse,flood,lightning,fire,earthquake or other external
causes; (e)to damage caused by operating the product outside the permitted or intended uses described by USDD;(f)to damage or failure
caused by installation or service(including upgrades and expansions)performed by anyone who is not a representative of USDD or a USDD
authorized installer or service provider; (g)to a product or part that has been modified to alter functionality or capability without the written
permission of USDD;or(h)if any serial number has been removed or defaced.
PROPRIETARY and CONFIDENTIAL STANDARD T&C Page 24 of 25
TO THE EXTENT PERMITTED BY LAW,THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS
PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the
extent permitted by law,all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement
service as determined by USDD in its sole discretion. No reseller,agent,or employee is authorized to make any modification, extension,or
addition to this Warranty. If any term is held to be illegal or unenforceable,the legality or enforceability of the remaining terms shall not be
affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR
UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE;LOSS OF REVENUE;LOSS OF THE USE OF
MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR
CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING
THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY
PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF
DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any product under this Warranty or
make a product exchange without risk to or loss of the programs or data stored thereon.
8. SERVICE AGREEMENT. The Product being purchased hereunder is not subject to any post warranty service agreement or maintanence
program unless specifically contracted for between USDD and Customer. USDD offers a comprehensive post warranty Service Agreement
at additional cost. Customer should contact USDD regarding its Service Agreement and costs associated therewith.
9. INTELLECTUAL PROPERTY: Customer hereby agrees and acknowledges that USDD owns all rights, title, and interest in and to the
Intellectual Property (as defined below). Customer agrees to not remove, obscure, or alter USDD's or any third party's copyright notice,
trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD's Product(as
defined below). Nothing herein shall be deemed to give,transfer,or convey to Customer any rights in the Intellectual Property other than the
License,as set forth below.
9.1 LICENSE: At all times that Customer is in compliance with the terms of this Agreement and all other agreements between the parties,
Customer shall have a non-exclusive, non-transferable, fully paid license to use the Software, but only in conjunction with the Hardware
provided by USDD and only in conjunction with Customer's fire station alerting system pursuant to the terms of this Agreement.
9.2 DEFINITIONS: For purposes of this Section the following terms shall have the following definitions:
9.2.1 "Intellectual Property"means any and all rights of USDD related to USDD's Product existing from time to time under patent law,
copyright law, trade secret law,trademark law, unfair competition law, and any and all other proprietary rights, and any and all derivative
works,work product,applications,renewals,extensions and restorations thereof,now or hereafter in force and effect worldwide;
9.2.2 "USDD's Product" means any and all Hardware and Software provided to Customer by USDD under this Agreement or any other
contract,purchase order,or arrangement;
9.2.3 "Hardware"means a physically tangible electro-mechanical system or sub-system and associated documentation but specifically
excludes any televisions or monitors manufactured by a third party;and
9.2.4 "Software"means software programs, including embedded software,firmware, executable code, linkable object code, and source
code,including any updates,modifications,revisions,copies,documentation and design data that are licensed under this Agreement.
10. GOVERNING LAW Any contract resulting from this proposal shall be governed by,construed, and enforced in accordance with the laws of
the State of Arizona.
11. ACCEPTANCE OF TERMS This proposal shall become a binding contract between the Customer and USDD when accepted in writing by
the Customer. Without limiting the foregoing, issuance by Customer of a purchase order to USDD for any of the goods or services herein
described shall constitute acceptance. Any such acceptance shall be with the mutual understanding that the terms and conditions of this
proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent
provision of said order.No waiver,alteration,or modification of these terms and conditions shall be binding unless in writing and signed by an
authorized representative of USDD.
12. SHIPPING/DELIVERY: Unless specifically detailed as otherwise in this proposal,all shipping and delivery costs (even thouse detailed per-
system)relate to single combined shipment to a single point of delivery. If requested otherwise then costs and terms subject to change.
13. CREDIT CARDS: All USDD quotes are developed for the customer with the understanding the eventual purchase would be facilitated using
standard Purchase Order and Invoice process. If customer would rather use a Credit Card for purchase then said order would be subject to
a 4%credit card processing charge.
14. USDD cannot warrant nor support any system configuration that deviates from this specific proposal's documented station system design file
number. USDD Cannot warrant nor support any system not using USDD-approved UPS Battery Backup. USDD cannnot warrant nor
support any system not installed by G2 Trained &Certified Installation technician (installer). If customer intends to tie this system into any
3rd-party system or devices, USDD will be unable to warrant or support the sytem until we've had a chance to review documented
engineering assumptions and approve system integrity,performance and reliability expectations.
15. THIS QUOTE SUBJECT TO REVIEW FOR ERRORS AND OMISSIONS.
PROPRIETARY and CONFIDENTIAL STANDARD T&C Page 25 of 25
CITY COUNCIL AGENDA DATE
SECTION: Consent Calendar May 7, 2019
DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO.
Department Approve Contract with RACOM for VIII. N.
Scott Gerber/Fire Department installation of USDD Phoenix G2 Alerting
System.
Requested Action
Move to: Approve contract with RACOM for installation of USDD Phoenix G2 Alerting System in an
amount not to exceed $22,736.00 and authorize Mayor and City Manager to execute the contract and all
related documents.
Synopsis
This contract covers the installation of the Fire Station Alerting system purchased from US Digital
Designs.
Attachments
Quote and Contract for Installation of G2 Fire Station Alerting System
2017 06 10
Contract for Goods and Services
This Contract ("Contract") is made on the 7th day of May, 2019, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and US Digital Designs, Inc. an Arizona corporation (hereinafter "Vendor")
whose business address is 1835 E. Sixth St. Suite#27, Tempe, Arizona 85281.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services
by Vendor for a G2 Fire Station Alerting System hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be delivered by July 01, 2019.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of One Hundred
Seventy-Four Thousand Nine Hundred Twelve and 04/100 Dollars ($174,912.04) as full and
complete payment for the goods, labor, materials and/or services rendered pursuant to this
Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
5. Staffing. [NOT APPLICABLE - STAFFING PROVISION REQUIRED ONLY FOR
SERVICES]
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor's services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City's written acceptance of the Work. The City's rights under the
Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
Standard Purchasing Contract 2017 06 01 Page 2 of 5
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City's public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
Standard Purchasing Contract 2017 06 01 Page 3 of 5
disability, sexual orientation or age. The Vendor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Vendor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to examination
by the City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Contract is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the
functions of the City during performance of this Contract is subject to the requirements of
Standard Purchasing Contract 2017 06 01 Page 4 of 5
the Data Practice Act and Vendor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Vendor in relation to this Contract
shall contain similar Data Practices Act compliance language.
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
US DIGITAL DESIGNS, INC.
By:
Its:
Standard Purchasing Contract 2017 06 01 Page 5 of 5
RACOM
cr'itio-al noP'Y'Ir1"II`lrliicati ns
EXHIBIT A
1521 OXFORD STREET Proposal Prepared for: Eden Prairie Fire Department
WORTHINGTON,MN 56187 Address 14800 Scenic Heights Rd
507-376-4250 City Eden Prairie
CELL 507-370-7234 State&Zip Code MN 55344
WWW.RACOM.NET County Henepin
Phone/FAX (952)949-8361
Contact Name Mark Vandenberghe
Contact E-mail mvandenberghe7iledenprairie.orq
USDD Phoenix G2 Alerting System Installation
ITEM QTY PART NO. DESCRIPTION UNIT EXTENDED
1 1 Station 1 Installation $ 5,968.00 $ 5,968.00
I 2 1 Station 2 Installation $ 5,750.00 $ 5,750.00
3 1 Station 3 Installation $ 5,345.00 $ 5,345.00
4 1 Station 4 Installation $ 5,673.00 $ 5,673.00
$ - $
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $
$ - $
$ - $
$ - $
$ - $
$ - $
$ - $
$ - $
$ - $
Total Equipment Price $ 22,736.00
Installation $
Terms of Purchase: Shipping extra Subtotal $ 22,736.00
ppi g Tax Rate Taxes $ -
Shipping $ -
Total $ 22,736.00
System Description:
Proposal Presented By: Kevin Hlavac Date: 4/18/19
Proposal Accepted By: Date:
Proposal and Order Form-Eden Prairie Fire revised-Printed 4/18/2019
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Community Development/Planning International School of Minnesota Cafeteria IX. A.
Janet Jeremiah/Beth Novak-Krebs and Classroom Addition
Requested Action
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept Review on approximately 55
acres
• Approve the 1st reading of Planned Unit Development District Review with waivers on
approximately 55 acres
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions
• Authorize the issuance of an early Land Alteration Permit for the International School at the
request of the Developer subject to the conditions outlined below.
• Authorize the issuance of an early Footing and Foundation Permit for the International
School at the request of the Developer subject to the conditions outlined below.
Synopsis
The applicant is requesting approval to construct a 5,742 square foot cafeteria and classroom
addition onto the west side of the existing middle school classroom building at the International
School of Minnesota. The 55-acre property is located at 6385 Beach Road, which is east of
Highway 494 and south of Highway 62. The campus includes six buildings. The proposed
addition includes a new dining area and full service kitchen on the first floor and a new high tech
physics lab and classroom, a biology lab and classroom and a small office space on the second
floor. A trash room
will be constructed
on the first floor so
that all trash and
recycling will be
inside the building.
The architecture of L-- _ I _ _ i _
41111'-
the existing buildings6:611--1
_I
on the campus is very �1 111111.11F
�.,
traditional. In an
effort to revamp the _
aesthetics of the 2019 CAFETERIA AND CLASSROOM ADDITION
campus, the building RENDERING FROM THE SOUTHWEST
addition and The International School HA
cf M:nnescta
1666 dr Interrrrre
materials are more modern and reflect current styles.
The applicant intends to complete construction of the addition before the next school year
begins. In order to expedite construction and meet the construction schedule, the applicant is
requesting that the Council approve an Early Footing and Foundation Permit and an early Land
Alteration Permit.
Sustainability Features
As part of a new healthy building initiative, the International School is including sustainable
features in this project and all projects moving forward. The features include the following:
• LED light fixtures
• Tunable and dimmable fixtures, enhancing the occupants Circadian rhythms and their
role in childhood learning
• Enhance acoustics
• Use of materials with high recycled content
• Use of bicycle racks
• Use of operable windows for enhance ventilation
• No VOC materials
• Use of NAUF (no added urea formaldehyde) doors and windows
• Use of native landscaping
Requested Waiver
The property is currently guided Public and zoned Public and Rural. The building materials on
the existing buildings include brick and glass with some stucco and is code compliant with
regard to building material. The proposed material on the addition includes fiber cement panels,
glass and metal. While the addition incorporates a variety of materials that are new to the
campus, when reviewing each façade of the existing building plus the addition, all but the west
façade are compliant. The applicant is requesting a waiver for the building material on the west
façade of the addition. Following is the waiver being requested:
A. Building Materials
In the Public Zoning District, City Code requires a minimum of 75% of each façade of
the exterior building finish to consist of at least three contrasting yet complimentary
Class I materials such as glass, brick, and stone with one color variation. The brick and
glass on the existing building facades far exceed the 75% Class I material requirement.
The only façade when viewing the addition along with the existing facades that does not
comply with the building material standards is the west facade, which is only 44% Class I
material. Although the west façade does not meet the standard, adding brick or stone to
the proposed facade could detract from the modern expression of the addition, the west
façade is not visible from the road or adjacent land uses, and the campus as a whole
meets and exceeds the building material requirements overall.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project at the April 8, 2019
meeting. There were a few conditions of approval needing to be addressed prior to the Pt reading
before the City Council. The conditions including landscape changes and adding site data have
been addressed.
Attachments
1. Resolution for PUD Concept
2. Ordinance for PUD with Waivers
3. Staff Report
4. Land Use Map
5. Zoning Map
6. Aerial photo
7. Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF THE INTERNATIONAL SCHOOL CAFETERIA AND CLASSROOM
ADDITION FOR THE INTERNATIONAL SCHOOL OF MINNESOTA
WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development(PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on April 8, 2019,
on the International School Cafeteria and Classroom Addition by the International School of
Minnesota and considered their request for approval of the PUD Concept plan and recommended
approval of the request to the City Council; and
WHEREAS,the City Council did consider the request on May 7, 2019.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. International School Cafeteria and Classroom Addition,being in Hennepin
County, Minnesota, legally described as outlined in Exhibit A, is attached hereto
and made a part hereof("Property").
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated May 1, 2019,
3. That the PUD Concept meets the recommendations of the Planning Commission
dated April 8, 2019.
ADOPTED by the City Council of the City of Eden Prairie this 7th day of May, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Lot 1, Block 1,International School, Hennepin County
Torrens
INTERNATIONAL SCHOOL OF MINNESOTA
CAFETERIA AND CLASSROOM ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2019-PUD- -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 Public Zoning District_-2019-PUD-_-2019 (hereinafter "PUD-_-2019- ).
Section 3. The City Council hereby makes the following findings:
A. PUD-_-2019- is not in conflict with the goals of the Comprehensive
Guide Plan of the City.
B. PUD-_-2019- 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-_-2098- are justified by the design of the
development described therein.
D. PUD-_-2019- 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 , 2019, entered into between The International
School of Minnesota, LLC, and the City of Eden Prairie, (hereinafter"Development
Agreement"). The Development Agreement contains the terms and conditions of PUD- -2019-
, 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 Public Zoning District and shall be included hereafter in the Planned Unit
Development -2019- , 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
7th day of May, 2019, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the day of
, 2019.
ATTEST:
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on , 2019.
EXHIBIT A
PUD Legal Description
Lot 1, Block 1,International School, Hennepin County
Torrens
STAFF REPORT
TO: Planning Commission
FROM: Beth Novak-Krebs, Senior Planner
DATE: April 4, 2019
SUBJECT: Cafeteria and Classroom Addition and Renovations
LOCATION: 6385 Beach Road
ZONING: Public and Rural
REQUEST: • Planned Unit Development Concept Review on approximately 55 acres
• Planned Unit Development District Review on approximately 55 acres
• Site Plan Review on approximately 55 acres
BACKGROUND
The applicant is requesting approval to construct a 5,742 , : -z _-
square foot cafeteria and classroom addition onto the west
side of the existing middle school classroom building. �.
The 55-acre property is located at 6385 Beach Road,
which is east of Highway 494 and south of Highway 62.
The International School campus includes an Location of - _
administration and classroom building,a residence hall,a proposed _ ,t
addition
middle school classroom building and cafeteria, an ECE -''' '
classroom and administration building, an auditorium, ' r"
and a gym and pool. The buildings step down the slope
toward the lake.There is a wetland on the west side of the N . ' : -- '
property creating a buffer between the school and the r " _
residents along Beach Road.The property has frontage on # .'
Bryant Lake. �07 � , I '
Yam,
The proposed addition includes a new dining area and full �; .r; ,-
service kitchen on the first floor and a new high tech �'� • f
physics lab and classroom, a biology lab and classroom .J _ .
and a small office space on the second floor. A trash "•'• `• - .." "
room will be constructed on the first floor so that all trash - ;tn
and recycling will be inside the building.
,..1 - .
-1Y
Staff Report—International School of Minnesota
April 4, 2019
Page 2
The property is guided Public and zoned ="°°'of"nne°'a ' —/
Public and Rural. The proposed project _ �:, — 1
does not require changes to either the i �y '` - -;: , ,4
guiding or zoning. '
5,
y �
Location of
proposed ,_--— 1 ;s
SITE PLAN addition "
The proposed cafeteria and classroom �`�—
a r!�
addition is located on the west end of the F
existing cafeteria and middle school i_- . .
classroom building. The existing building _ r
A it
is built into the slope so one story is -,,,,,, - -
visible on the north side and two stories on
- �.
the south side. The sidewalk from the „,
parking lot to the north side of the + A`
building will be relocated.
I 14 g ' T
BUILDING ARCHITECTURE AND ■;; ��
MATERIALS ' ti,. l � £.
The architecture of the existing buildings on the 2-�:
campus is very traditional. In an effort to Proposed
e 5,742 square
revamp the aesthetics of the campus, the foot addition
our{
building addition and materials are more
modern and reflect current styles. Although the in _
O W• DD.
addition is more modern in appearance, it �� I
ZL\ Rw.4
introduces roofline variation and facade G-
articulation and it is consistent with the overall
character of the campus. �,
1_ 0 dlllu .
The building materials on the existing buildings , - -
include brick and glass with some stucco and is
code compliant with regard to building
material. The proposed material on the addition
includes fiber cement panels, glass and metal.
While the addition incorporates a variety of materials that are new to the campus, when
reviewing each façade, including the addition and the existing building, is viewed as a whole, all
but the west façade are compliant.
2
Staff Report—International School of Minnesota
April 4, 2019
Page 3
Rendering of Proposed
Building Addition
y YLY 11
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City; to allow variety in the
types of environment available to people and distribution of overall density of population and
intensity of land use where desirable and feasible; and provide for greater creativity and
flexibility in environmental design.
As a part of the PUD process,the applicant is seeking waivers to City Code requirements as outlined
below.
1. Building Material. In the Public Zoning District, City Code requires a minimum of
75% of each façade of the exterior building finish to consist of at least three
contrasting yet complimentary Class I materials such as glass, brick, and stone with
one color variation. The brick and glass on the existing building facades far exceed
the 75% Class I material requirement. The only façade that does not comply with the
building material standards is the west façade, which is only 47% Class I material and
the applicant has requested a waiver. Although the west façade does not meet the
standard, adding brick or stone to the proposed façade could detract from the modern
expression of the addition, the west façade is not visible from the road or adjacent
land uses, and the campus as a whole meets and exceeds the building material
requirements overall.
TREE REPLACEMENT AND LANDSCAPE PLAN
No trees will be lost as a result of the construction of the addition. The project requires 18 caliper
inches for landscaping. As proposed,the landscape plan meets and exceeds the requirements. The
3
Staff Report—International School of Minnesota
April 4, 2019
Page 4
applicant is proposing to add several canopy and evergreen trees, shrubs, native grasses and a
wildflower bed.
CONSTRUCTION SCHEDULE
The applicant intends to complete construction of the addition before the next school year begins. In
order to meet this construction schedule,the applicant will be requesting that the Council approve an
Early Footing and Foundation Permit and an early Land Alteration Permit at the 1st reading.
DRAINAGE
The project requires the disturbance of less than 1 acre. The Nine Mile Creek Watershed District has
reviewed and approved a plan addressing the District requirements for stormwater management.
SUNSTAINABILTY FEATURES
As part of a new healthy building initiative, the International School is including sustainable
features in this project and all projects moving forward. The features include the following:
• LED light fixtures
• Tunable and dimmable fixtures, enhancing the occupants Circadian rhythms and their
role in childhood learning
• Enhance acoustics
• Use of materials with high recycled content
• Use of bicycle racks
• Use of operable windows for enhance ventilation
• No VOC materials
• Use of NAUF (no added urea formaldehyde) doors and windows
• Use of native landscaping
STAFF RECOMMENDATION
Recommend approval of the following request:
• Planned Unit Development Concept Review on approximately 55 acres
• Planned Unit Development District Review on approximately 55 acres
• Site Plan Review on approximately 55 acres
This is based on plans stamp dated March 22, 2019, and staff report dated April 4, 2019.
1. Prior to the 1st reading before the City Council, the applicant shall:
A. Revise the Existing Parcel Summary to include the total square footage of the all
of the buildings on the campus, the total square footage of the addition, and the
total square footage of the building to which the addition is being attached.
B. Revise the Landscape Plan to include the approximate quantity of hydrangeas and
little bluestem.
4
Staff Report—International School of Minnesota
April 4, 2019
Page 5
C. Revise the spacing of the Sugar Maples on the Landscape Plan. These trees should
be at least 30 feet apart and as far from the existing utilities as possible.
2. Prior to land alteration permit issuance, the applicant shall:
A. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the
cost of the landscaping.
B. Obtain and provide documentation of Watershed District approval.
C. Notify the City and Watershed District 48 hours in advance of grading.
D. Install erosion control at the grading limits of the property for review and approval
by the City.
3. The following waivers have been granted through the PUD District Review for the project as
indicated in the plans stamp dated March 22, 2019.
A. Building Material. In the Public Zoning District, City Code requires a minimum
of 75% of each facade of the exterior building finish to consist of at least three
contrasting yet complimentary Class I materials such as glass, brick, and stone
with one color variation. The west elevation of the proposed addition includes
47% Class I material.
5
Guide Plan Map: International School of Minnesota
Address: 6385 Beach Road
Eden Prairie, MN 55344
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ea Site
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City of Eden Prairie Land Use Guide
Plan Map 2000-2030
Rural Residential 0.10 Units/Acre Neighborhood Commercial N
Low Density Residential 0-2.5 Units/Acre nil Community Commercial Streams
17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
- Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . . +;. ,i
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN
I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collect
or DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
Y// Office/Industrial Open WaterEtn EIVE•WORK•DREAM
2 Office/Public/Open Space Right-Of-Way 640 320 M 0 ogamm�Me mo1.m_o.„®o�o..o.a, o ..o 640 Feet
- Industrial CICityLimits
Zoning Map: International School of Minnesota
Address: 6385 Beach Road
Eden Prairie, MN 55344
STATE H_I 3HWAY 62__
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PROJECT
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City of Eden Prairie Zoning Map
=Rural -Regional Commercial Shoreland Management Classifications N
R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t
R1-9.5 One Family-9,500 sf min. -Industrial Park-2Acre Min, ® 100- Year Floodplain
RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN
Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
Neighborhood Commercial 1-1 GolfCourse Date:March 1,2009
Community Commercial Water m case of discrepancy related to a zoning ciassnmadon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M
and attached legal description on file at Eden Prairie Ciry Center will prevail.
-Highway Commercial I Right of Way
-Regional Service Commercial DCityLimits 0 0.125 0.25
Miles .wau_...m..=m._..-..g..o.a.,a ,,,...,,ari,m ,..,,mo,
Aerial Map: International School of Minnesota
Address:6385 Beach Road
Eden Prairie, Minnesota
6�
. M. i_.. 6 • } it a• - `*• � i�-^it.�v.g1 %
- NAG•
N
International School of
Minnesota Property i
j 'p�. . r
tI
It
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, APRIL 8, 2019 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew
Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette, Balu Iyer
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer;
Kristin Harley, Recording Secretary
CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. SWEARING IN OF NEW COMMISSION MEMBER
Klima swore in the new Planning Commission member, Balu Iyer.
III. PLEDGE OF ALLEGIANCE—ROLL CALL
Commission member Weber was absent.
IV. APPROVAL OF AGENDA
MOTION: Iyer moved, seconded by Higgins to approve the agenda. MOTION
CARRIED 8-0.
V. MINUTES
MOTION: DeSanctis moved, seconded by Villarreal to approve the minutes of March
25, 2019. MOTION CARRIED 8-0.
VI. PUBLIC HEARINGS
A. INTERNATIONAL SCHOOL OF MN LLC
Location: 6385 Beach Rd
Request for:
• Planned Unit Development Concept Review on approximately 55 acres
• Planned Unit Development District Review with waivers on
approximately 55 acres
• Site Plan Review on approximately 55 acres
PLANNING COMMISSION MINUTES
April 8, 2019
Page 2
John Harriss, Principal of Harriss &Associates,presented the application. He thanked
City staff for its work with him. He had worked on this building being renovated back as
a young architect in 1989. He stated there were limitations on this project due to the site
being hilly and bisected by a wetland. In addition to the improvements, he sought a new
architectural expression as the present buildings were quite conservative: two-story brick
exteriors that followed the original master plan but needed updating.
Harriss displayed a PowerPoint showing the location of the cafeteria and classroom
addition. He added the overall 57 acres was contained in the packet but was not a part of
this PowerPoint. The site was bisected by a roadway and parking area, and made up of
three similar-shaped, two-story walk-out buildings. The cafeteria and classrooms
comprised this project. An enlargement of the area showed the difficulty of having
internal roads on this hilly site, requiring a"spine" at the perimeter. Harriss stated the
addition would be 5,700 square feet and would renovate the kitchen and dining area.
Deliveries would come into a new driveway slightly shifted from its current site. A trash
and delivery room would be constructed to provide interior spaces for those services. An
entry to the south would be constructed for after school pickup. The building's second
floor renovation continued the corridor into a new biology classroom and lab and a
physics classroom and lab, and a small office. The enlarged first floor plan showed the
entrance and trash area and renovated dining area. The second floor physics and biology
classrooms would have labs as well with emergency equipment.
There would be a new and renovated dining area with salad stations, beverage stations, et
cetera. The fenestration on the first floor would be virtually all glass with punched
openings. There would be doors added to existing opening for future outdoor dining.
Harriss displayed the south and west elevations which showed the current classroom
windows as well as the future windows for the renovation. The canopy would be
removed and a corrugated look added in a more modern style. There would be white
doors and windows to tie the renovation together with the existing building along with a
six foot cantilever. Harriss explained the blue opaque panels were actually glass in an
effort to bring as much light into the building as possible. He detailed the materials and
materials percentages. He showed the stairs, emergency exits, and doors on the west
elevation.
DeSanctis asked if the exterior lighting would impact the surrounding residential area on
Beach Road. Harriss replied it would not; no pole lighting would be added. DeSanctis
asked if there was an opportunity for rain water capture or recycling. Harriss replied he
had not pursued that as the entire site has an irrigation system, but it might be possible to
capture rainwater in a cistern which could be connected to the irrigation system, and this
would depend upon the owner. Iyer asked if there was a storm water drainage pond
planned. Harriss replied he did get approval from the Watershed District to switch from a
large infiltration basin to replace the existing one, which was expensive, to a phased
project which would push changes to the existing basin out to the future when the
residence hall would be renovated. Iyer asked for and received confirmation the existing
PLANNING COMMISSION MINUTES
April 8, 2019
Page 3
infiltration system could handle the current volume of water. The current transformer
would be replaced and relocated to the north.
Farr asked if the"modern design"noted in the Master Plan could be expected in future
renovations on the site and if so, to what extent. Harriss replied this design would be
extended to the future renovation of the performing arts center and gymnasium, a service
area which would receive a more robust athletics component, and to connect two brick
buildings with modern materials in a more creative way. Some of this had already been
done on site with renovated bands, sun shades, and a corrugated look. Farr asked how the
existing parking would change. Harriss stated the parking could handle 1,000 students,
whereas the school had 400 attendees at present. However, there was another area that
could offer an additional 80 spaces if need be.
Klima gave the staff report. The applicant was seeking an amendment to an existing PUD
and an amendment to the site plan for the classroom and cafeteria addition. One PUD
waiver was being request for the west façade. Staff recommended approval of that waiver
subject to conditions and approval of the plan as proposed. Some landscaping would be
added to the project, but no trees would be removed.
Mette asked the difference between a PUD Concept Review versus a PUD District
Review and why both were needed. Klima replied City code stated a PUD should not be
approved unless it complied with a PUD Concept Review. Both can be reviewed
simultaneously and it does not be an"extra step."
Villarreal asked Klima to address the materials against the zoning ordinance. Klima
replied City code did require 75 percent of Class One materials per facade, and not by the
overall calculation of the building, and this was a recent change driven by new design
standards, thus the waiver. It was triggered on the west facade because that did not have
an existing building to draw upon. Farr challenged this interpretation which measured
only the west facade, as the building was serpentine. Klima replied staff strove to relay
the same message to all property owners and an equitable interpretation took into
consideration the particular circumstances of the project.
MOTION: Iyer moved, seconded by Kirk to close the public hearing. MOTION
CARRIED 8-0.
Mette urged the applicant to consider tailoring the materials intended for the trash room
to allow a power wash and ventilation to prevent odors, and to consider using a dark
stained concrete to avoid discoloration from rolling garbage cans back and forth. Kirk
expressed approval of having"borderline" or"questionable"issues such as Farr's
concerns regarding the materials percentages come before the commission, which
showed Eden Prairie's high standards in construction. Villarreal stated his initial
inclination was this discussion of materials was not required by the commission,but it
prevented"gray area"questions not automatically being granted without a waiver, even
though the applicant for this project might not be required to go through the waiver
PLANNING COMMISSION MINUTES
April 8, 2019
Page 4
process. Klima replied the waiver request was not the only issue prompting this
commission review. The addition was 5,700 square feet in size, which did not allow for a
streamlined review process and which automatically triggered a PUD review. DeSanctis
thanked the applicant for considering lighting impacts on circadian rhythms. Farr thanked
the applicant for maintaining architect continuity throughout the life of this building.
MOTION: Kirk moved, seconded by Farr to recommend approval of the planned unit
concept review on approximately 55 acres,planned unit development district review with
waivers on approximately 55 acres, and site plan review on approximately 55 acres
based on the staff report dated April 4, 2019 and plans stamp-dated March 22, 2019.
MOTION CARRIED 8-0.
B. PLANNERS' REPORT
Klima reminded the commission members of the Riley-Purgatory-Bluff Creek Watershed
District Open House on April 10, 2019.
C. MEMBERS' REPORTS
D. ADJOURNMENT
MOTION: Higgins moved, seconded by Iyer to adjourn the meeting. MOTION
CARRIED 8-0. Chair Pieper adjourned the meeting at 7:50 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 19-03 ITEM NO.:
Denise Christensen Vacation of Drainage, Utility& Sanitary Sewer IX. B.
Public Works/Engineering Easements
Requested Action
Move to: Close the Public Hearing; and
Adopt the Resolution vacating Drainage, Utility& Sanitary Sewer Easements.
Synopsis
The Property Owners have requested the vacation of a number of Drainage and Utility and
Sanitary Sewer easements to facilitate the development of the Smith Village project.
Background Information
The Drainage and Utility Easements to be vacated were originally dedicated with the Legion
Park plat and separate Sanitary Sewer and Drainage and Utility Easements were originally
granted by documents cover a sanitary sewer lines and other drainage areas serving the existing
property. Legion Park has been replatted and new drainage and utility and sanitary sewer
easements have been dedicated with the Smith Village project.
Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOT 2 AND
LOT 3, BLOCK 1,LEGION PARK; INCLUDING VACATION OF THE DRAINAGE
AND UTILITY AND SANITARY SEWER EASEMENTS CREATED BY DOCUMENTS
NO. 2541430, 6313981, 2504698, 5495697
VACATION 19-03
WHEREAS, the City of Eden Prairie has Drainage and Utility Easements dedicated over, under
and across Lot 2 and Lot 3, Block 1, LEGION PARK, according to the recorded plat thereof,
Hennepin County, Minnesota; permanent Sanitary Sewer Easements granted on Torrens
Document 2541430 as recorded with the Office of the Registrar of Titles, Hennepin County, and
Abstract Document 6313981 as recorded with the Office of County Recorder, Hennepin County,
lying over, under and across a portion of Lot 2, Block 1, Legion Park, Hennepin County,
Minnesota; a permanent Sanitary Sewer Easement granted on Torrens Document 2504698 as
recorded with the Office of the Registrar of Titles, Hennepin County, lying over,under and
across a portion of Lot 3, Block 1, Legion Park, Hennepin County, Minnesota; and a permanent
Easement for Drainage and Utility purposes granted on Abstract Document 5495697 as recorded
with the Office of County Recorder, Hennepin County, lying over,under and across a portion of
Lot 3, Block 1, Legion Park, Hennepin County, Minnesota; and
WHEREAS, a Public Hearing was held on May 7, 2019, after due notice was given to affected
property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described Drainage and Utility and Sanitary Sewer Easements and have no relationship to the
comprehensive municipal plan; and
WHEREAS, it has been determined that the said Drainage and Utility and Sanitary Sewer
Easements are not necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Easements described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with
M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until the subdivision Smith
Village has been recorded with the County Recorder/Registrar of Titles as applicable.
The City Clerk shall not present the Notice of Completion of Proceedings to the County
Auditor or file it with the County Recorder/Registrar of Titles until the subdivision Smith
Village is recorded.
ADOPTED by the Eden Prairie City Council on May 7, 2019.
Ronald A. Case, Mayor
ATTEST:
Kathleen Porta, City Clerk
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EASEMENT VACATION EXHIBIT
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I— — — - t EASEMENT PER DOC. NO. 1890700 i� 1ti i o( O°) �k % �9 3 /
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��7 � All of the permanent sanitary sewer easements granted within Torrens Document No. 2541430 as recorded with the Office _ ,'� ,n o °� �, o I
LL_/L////I O of the Registrar of Titles, Hennepin County, and Abstract Document No. 6313981 as recorded with the Office of County 10.00 ill in �tikQOG �a0 oo r �� ti°�/s e\ ' / II\i
Recorder, Hennepin County, lying over, under and across a portion of Lot 2, Block 1, LEGION PARK, Hennepin County, _ o a � �Q oh O ���
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SANITARY SEWER EASEMENT PER DOCUMENT NO. T2504698. -T z ? '^ 2 �oo��tiP ���o
r+++++71 O All of the permanent sanitary sewer easement granted within Torrens Document No. 2504698 as recorded with the Office ; ; -J z Q o °,� • /
of the Registrar of Titles, Hennepin County, lying over, under and across a portion of Lot 3, Block 1, LEGION PARK, I =T= g W V ,, o\ �°'ti� a3/ °;
Hennepin County, Minnesota. 10o J y } /i / / /P���oQ'� eyo �/ /
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DRAINAGE AND UTILITY EASEMENT PER DOCUMENT NO. A5495697. PRAIRIE INDUSTRIAL PARK cPsB, / NORTH
® All of the permanent easement for drainage and utility purposes granted within Abstract Document No. 5495697 as L1J o h.�, osr.. / /
,_ _ _ _1 recorded with the Office of County Recorder, Hennepin County, lying over, under and across a portion of Lot 3, Block 1, --- I . . N - I Ysi o c% \
LEGION PARK, Hennepin County, Minnesota. [`- N. 0 O/ �-.to / �.r <,< -\ /
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- Bearings shown hereon are based on the Hennepin County Coordinate System. v -1- �� / ���o<����
- For Lot 2, Block 1, LEGION PARK, this survey is based upon Title Commitment File No. 7243A - GLORRY j / �� /
LANE Revision No. 3, dated May 2nd, 2018, prepared by Assure Title, LLC, as issuing agents for AlliantL ®� �oQ�O<�, \\\ > /
National Title Insurance Company and based on Certificate of Title No. 1472914 (Indexes verified y iWI
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— 100 o r 0°� \ / /
through 2/1/2019). For Lot 3, Block 1, LEGION PARK, this survey is based upon Title Commitment File / o � / \No. 54577, dated April 29th, 2018, prepared by Commercial Partners Title LLC, as issuing agents for Old Q�O� /
Republic National Title Insurance Company. � / " / c ,
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or report was prepared by me or under
( Tk 'E. G. RIID liti SOIlS' INC. / / anddirect
d supervision
u vi and that I am
a duly Registered Land Surveor under der
the laws of the State of Minnesota.
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Professional Land Surveyors _
DRAWN BY: JEN JOB NO: 16919PP DATE: 02/25/19
6776 Lake Drive NE, Suite 110 / CHECK BY: JER SCANNED ❑
www.egrud.com 7 1 04/05/19 Removed Private Easements JEN
JASON FLU 04/09/19 Add descriptions JEN
Lino Lakes, MN 55014
Tel. (651) 361-8200 Fax (651) 361-8701 Date: 4/09/19 License No. 41578 3
NO. DATE DESCRIPTION BY
16919PP
VACATION 19-03
NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND
ACROSS LOT 2 AND LOT 3, BLOCK 1, LEGION PARK; INCLUDING VACATION OF THE
DRAINAGE AND UTILITY AND SANITARY SEWER EASEMENTS CREATED BY
DOCUMENTS NO. 2541430, 6313981, 2504698, 5495697
HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the
Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 7, 2019 at 7:00 p.m. to
hear all persons present upon the proposed vacation of a portion of public drainage and utility
easements described as follows:
Drainage and Utility Easements dedicated over,under and across Lot 2 and Lot 3, Block 1,
LEGION PARK, according to the recorded plat thereof, Hennepin County, Minnesota;
permanent Sanitary Sewer Easements granted on Torrens Document 2541430 as recorded
with the Office of the Registrar of Titles,Hennepin County, and Abstract Document 6313981
as recorded with the Office of County Recorder, Hennepin County, lying over,under and
across a portion of Lot 2, Block 1, Legion Park, Hennepin County,Minnesota; a permanent
Sanitary Sewer Easement granted on Torrens Document 2504698 as recorded with the Office
of the Registrar of Titles, Hennepin County, lying over,under and across a portion of Lot 3,
Block 1, Legion Park, Hennepin County,Minnesota; and a permanent Easement for Drainage
and Utility purposes granted on Abstract Document 5495697 as recorded with the Office of
County Recorder, Hennepin County, lying over,under and across a portion of Lot 3, Block 1,
Legion Park,Hennepin County,Minnesota.
By Order of the City Council
Published in the Eden Prairie News on April 18, 2019.
NOTIFICATION LIST
VACATION REQUEST 19-03
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
17-116-22 14 0003
17-116-22 14 0010
17-116-22 14 0011
17-116-22 14 0012
17-116-22 14 0085
17-116-22 14 0086
17-116-22 14 0087
17-116-22 14 0089
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy
Century Link Communications
Comcast Cable
Xcel Energy
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims May 07, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance X.
Requested Action
Move to: Approve the Payment of Claims as submitted(roll call vote)
Synopsis
Checks 267015 - 267381
Wire Transfers 1022403 - 1022573
Wire Transfers 7055 - 7078
Purchasing Card 7078
City of Eden Prairie
Council Check Summary
5/7/2019
Division Amount Division Amount
General 27,521 308 E-911 81
100 City Manager 3,698 309 DWI Forfeiture 62
101 Legislative 14,333 315 Economic Development 12,780
102 Legal Counsel 64,158 445 Cable PEG 42,543
110 City Clerk 1,115 502 Park Development 63,674
111 Customer Service 8,245 512 CIP Trails 9,384
112 Human Resources 349 522 Improvement Projects 2006 97,472
113 Communications 12,989 527 CIP-Leasing Costs 123,620
114 Benefits&Training 6,679 532 EP Road Connect Flying Cloud 20,956
131 Finance 15,232 536 General LRT 7,767
132 Housing and Community Services 5,255 538 SingleTree Lane South 6,437
133 Planning 2,586 804 100 Year History 12
136 Public Safety Communications 15,411 Total Capital Projects 384,787
137 Economic Development 135
138 Community Development Admin. 450 601 Prairie Village Liquor 137,395
150 Park Administration 370 602 Den Road Liquor 273,232
151 Park Maintenance 20,198 603 Prairie View Liquor 184,582
153 Organized Athletics 1,905 605 Den Road Building 3,947
154 Community Center 21,356 701 Water Enterprise Fund 226,892
156 Youth Programs 6,670 702 Wastewater Enterprise Fund 10,472
157 Special Events 1,849 703 Stormwater Enterprise Fund 40,751
158 Senior Center 2,376 Total Enterprise Fund 877,272
159 Recreation Administration 2,115
160 Therapeutic Recreation 422 802 494 Commuter Services 52,724
162 Arts 7,204 803 Escrow Fund 7,623
163 Outdoor Center 1,044 806 SAC Agency Fund 2,485
164 Park Rental Facilities 1,052 807 Benefits Fund 805,171
168 Arts Center 2,335 809 Investment Fund 2,391
180 Police Sworn 21,919 811 Property Insurance 26,247
184 Fire 31,514 812 Fleet Internal Service 130,340
186 Inspections 435 813 IT Internal Service 64,652
200 Engineering 341 815 Facilites Operating ISF 55,496
201 Street Maintenance 59,442 816 Facilites City Center ISF 97,210
202 Street Lighting 104,655 817 Facilites Comm.Center ISF 157,757
Total General Fund 465,357 Total Internal Svc/Agency Fund 1,402,096
301 CDBG 1,571 Report Total 3,133,824
303 Cemetary Operation 2,141
312 Recycle Rebate 75
Total Special Revenue Fund 3,786
441 2012A G.O.Refunding Bonds 525
Total Debt Service Fund 525
City of Eden Prairie
Council Check Register by GL
5/7/2019
Check# Amount Supplier/Explanation Account Description Business Unit Comments
267294 284,514 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums May 2019
7071 250,718 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 04.12.19
7069 172,308 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 03.29.19
267224 123,620 UNFI Other Contracted Services CIP-Leasing Costs Tenant Improvement Allowance
7067 112,731 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax March 2019
1022572 103,798 XCEL ENERGY Electric Street Lighting Multi location electric
1022460 101,306 XCEL ENERGY Electric Street Lighting Multi location electric
1022565 83,611 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006
267153 75,580 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1022555 69,328 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab
7078 56,042 USB-PURCHASING CARD Repair&Maint.Supplies Utility Operations-General
267245 53,194 BADGER STATE INSPECTION LLC Design&Engineering Water Capital
267308 44,720 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
267176 42,594 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1022507 35,806 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Fire Station#4
1022559 34,551 LOGIS Network Support Wastewater Accounting
267136 33,260 BLUE WATER SCIENCE OCS-Monitoring Stormwater Non-Capital
267221 32,593 TOUCHPOINT LOGIC LLC Capital Under$25,000 Cable PEG
7073 32,467 EMPOWER Deferred Compensation Health and Benefits
267069 32,422 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1022491 31,664 CENTERPOINT ENERGY Gas Den Road Liquor Store
1022550 30,658 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
1022517 30,223 XCEL ENERGY Electric Outdoor Center
267137 30,209 BOLTON&MENK INC Design&Engineering Improvement Projects 2006
267020 28,661 ABM ONSITE SERVICES-MIDWEST Tenant 1-Cleaning Supply Utility Operations-General
267085 27,215 MIDSTATES EQUIPMENT&SUPPLY Crack Filling Street Maintenance
1022493 27,000 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility
267352 26,579 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
267277 25,353 DODGE OF BURNSVILLE Equipment Parts Fleet-Police
1022433 25,298 CENTERPOINT ENERGY Gas Wastewater Lift Station
1022440 25,167 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development
267076 25,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
7072 22,404 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
267253 18,915 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store
267254 18,473 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store
267033 17,981 CARGILL INC Salt Snow&Ice Control
267115 16,415 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
267215 15,920 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
267328 15,690 NAC Contract Svcs-HVAC City Center-CAM
267146 15,000 CLIFTONLARSONALLEN LLP Audit&Financial Finance
267133 14,787 ASPEN MILLS Clothing&Uniforms Fire
267340 14,644 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
267346 14,609 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
267257 13,795 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
267373 13,727 WASHINGTON COUNTY Other Contracted Services Public Safety Communications
Check# Amount Supplier/Explanation Account Description Business Unit Comments
7063 13,639 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store
267203 13,557 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
267028 13,447 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store
267175 13,194 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
7075 13,019 FURTHER-AKA SELECT HSA-Employee Health and Benefits
7058 12,835 FURTHER-AKA SELECT HSA-Employee Health and Benefits
7055 11,963 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
7056 11,591 1-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
267307 11,457 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
267029 11,395 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
267140 11,209 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store
7080 11,068 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
267309 10,900 KEYS WELL DRILLING COMPANY Equipment Repair&Maint Water Capital
267139 10,565 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store
1022428 10,022 WSB&ASSOCIATES INC Design&Engineering CIP Trails
267061 9,292 GRAYMONT Treatment Chemicals Water Treatment
267354 9,285 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council
267243 9,214 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
267066 9,145 HP INC Computers IT Operating
267143 9,121 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
267193 9,108 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment
1022482 9,023 WSB&ASSOCIATES INC Design&Engineering Pleasant Hill Cemetery
267335 9,021 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
267042 8,945 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs-Ice Rink Ice Arena Maintenance
267313 8,599 LAVAN FLOOR COVERING Contract Svcs-General Bldg City Center-CAM
267067 8,497 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
267155 8,256 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
1022430 7,404 A-SCAPE INC Contract Svcs-Snow Removal Building 51
267159 7,230 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission
267200 7,107 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
267267 6,942 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs-Ice Rink Ice Arena Maintenance
267341 6,580 PRINTING ENTERPRISES INC Printing Communications
1022462 6,551 AVI SYSTEMS INC Other Contracted Services Cable PEG
267131 6,511 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
267124 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
267102 6,452 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
267151 6,290 DECKS UNLIMITED Accounts Receivable TIF-Eden Shores Senior Housing
267032 6,235 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
267095 5,822 OFFICE TEAM Temp 494 Corridor Commission
267376 5,008 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1022556 4,965 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
267091 4,950 MUELLER CO Repair&Maint.Supplies Water Metering
267083 4,875 METERING&TECHNOLOGY SOLUTIONS Repair&Maint.Supplies Water Metering
1022496 4,681 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance
267164 4,633 GRAYMONT Treatment Chemicals Water Treatment
267290 4,629 GRAYMONT Treatment Chemicals Water Treatment
267225 4,624 VERIZON WIRELESS Other Contracted Services IT Operating
1022434 4,515 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering
1022516 4,425 WM MUELLER AND SONS INC Gravel Water Distribution
267057 4,410 FIRE SAFETY USA INC Equipment Repair&Maint Fire
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022487 4,363 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
267077 4,338 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
267145 4,318 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
267319 4,250 METRON-FARNIER LLC Repair&Maint. Supplies Water Metering
267300 4,230 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1022548 4,053 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
267318 4,017 METRO TRANSIT Design&Engineering General LRT
267046 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
7076 3,896 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
267280 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
1022509 3,777 STREICHERS Protective Clothing Police Sworn
267045 3,750 DAHLEN,DWYER,FOLEY&TINKER,INC. Other Contracted Services General LRT
267347 3,708 SAFEASSURE CONSULTANTS INC Instructor Service Wasterwater Collection
1022485 3,638 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3
267123 3,634 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
267023 3,290 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1022498 3,226 LANDS END CORPORATE SALES Clothing&Uniforms Police Sworn
267370 3,215 VERIZON WIRELESS Data Plans-Police IT Operating
267316 3,200 MARTIN-MCALLISTER Other Contracted Services Organizational Services
267367 3,149 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating
1022479 3,139 VAN PAPER COMPANY Cleaning Supplies Prairie View Liquor Store
267301 3,073 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Conservation
267305 3,045 INTERTECH INC Contract Development IT Operating
267065 3,022 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
267167 3,000 HAMLINE UNIVERSITY Other Contracted Services Stormwater Non-Capital
267338 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
267169 2,975 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1022571 2,960 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
1022513 2,910 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance
267125 2,886 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
267207 2,884 RAINWATER MANAGEMENT SOLUTIONS INC Equipment Parts Water Capital
267334 2,872 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
267100 2,868 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1022474 2,843 SITEONE LANDSCAPE SUPPLY,LLC Chemicals Park Acquisition&Development
1022436 2,794 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance
1022494 2,790 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
267190 2,769 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
1022423 2,757 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance
267129 2,745 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs-General Bldg Police(City Cost)
267034 2,726 CENTURYLINK Telephone City Center-CAM
1022431 2,720 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
267238 2,705 ALLINA HEALTH SYSTEM Training Supply-Operating Fire
267210 2,686 SERVICEMASTER COMMERCIAL SYSTEMS Other Contracted Services Garden Room Repairs
267249 2,663 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
267361 2,527 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire
1022447 2,507 PETERSON BROS ROOFING AND CONSTRUCTION I Other Contracted Services Economic Development Fund
267365 2,500 TYLER TECHNOLOGIES INC Software Maintenance IT Operating
267105 2,490 PRINTING ENTERPRISES INC Advertising Prairie Village Liquor Store
267072 2,482 KNECHT'S NURSERIES&LANDSCAPING INC Landscape Materials/Supp Reforestation
267084 2,460 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
Check# Amount Supplier/Explanation Account Description Business Unit Comments
7081 2,391 PFM ASSET MANAGEMENT LLC Interest Investment Fund
267261 2,378 CH ROBINSON COMPANY Reimburse-legal notices Escrow
1022444 2,338 METRO SALES INCORPORATED* Other Rentals Customer Service
267075 2,295 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits
1022439 2,266 GRANICUS INC Other Contracted Services Cable PEG
267213 2,250 SKS CONSULTING PSYCHOLOGISTS,LLC Employment Support Test Organizational Services
1022429 2,230 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating
267062 2,145 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
267182 2,120 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating
1022541 2,092 VAN PAPER COMPANY Cleaning Supplies Senior Center
267027 2,088 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
1022543 2,065 VINOCOPIA Liquor Product Received Prairie View Liquor Store
7062 2,059 FURTHER-AKA SELECT FSA-Medical Health and Benefits
7061 2,051 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
7077 2,031 FURTHER-AKA SELECT FSA-Medical Health and Benefits
1022481 2,003 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital
267173 2,000 IRON MALTESE ATHLETICS Training Supply-Weekly Fire
267199 2,000 NORATEK SOLUTIONS INC Software Maintenance IT Operating
267109 1,961 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing Maintenance Facility
267304 1,957 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
267132 1,935 ARVIG Fiber Lease Payments IT Operating
267051 1,920 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie Village Liquor Store
1022560 1,902 MENARDS Repair&Maint.Supplies City Center-CAM
267201 1,891 PERFORMING INSTITUTE OF MINNESOTA Building Rental Winter Theatre
267223 1,890 TYLER TECHNOLOGIES INC Software Maintenance IT Operating
267130 1,872 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development
267208 1,838 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1022569 1,835 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance
267241 1,800 ANDERSON TIMOTHY Other Contracted Services Winter Theatre
1022459 1,800 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
267269 1,776 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
7079 1,765 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits
267087 1,655 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store
267291 1,622 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
267134 1,611 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
267228 1,602 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
267374 1,575 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012A GO Refunding Bonds
267052 1,562 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Basketball
267379 1,560 YINGST AMELIA Right of Way&Easement Improvement Projects 2006
267035 1,557 CENTURYLINK Internet IT Operating
1022490 1,538 CDW GOVERNMENT INC. Software Maintenance IT Operating
1022483 1,507 YOUNGSTEDTS COLLISION CENTER Autos Fleet-Police
1022545 1,507 YOUNGSTEDTS COLLISION CENTER Autos Fleet-Police
267168 1,494 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
267226 1,493 WATER CONSERVATION SERVICES INC OCS-Leak Detection Water Distribution
1022522 1,491 CHEMSEARCH Supplies-HVAC City Center-CAM
267366 1,469 ULTIMATE EVENTS,INC Other Rentals July 4th Celebration
1022504 1,434 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1022499 1,415 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
267154 1,413 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022480 1,410 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1022515 1,377 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
1022454 1,373 STREICHERS Clothing&Uniforms Police Sworn
267332 1,372 ORGANIX SOLUTIONS Waste Disposal City Center-CAM
267380 1,339 YORKTOWN OFFICES Rent 494 Corridor Commission
1022531 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM
1022455 1,276 TOWMASTER INC Equipment Parts Fleet Operating
267055 1,270 EXTRACTOR CORPORATION Supplies-Pool Pool Maintenance
267081 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service
267074 1,247 LAMETTRYS COLLISION Insurance Property Insurance
1022421 1,236 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM
267218 1,230 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
267126 1,194 AERO DRAPERY AND BLIND Supplies-General Bldg Fitness/Conference-Cmty Ctr
267149 1,172 CORE&MAIN Equipment Parts Water Distribution
267156 1,164 EHLERS&ASSOCIATES INC Other Contracted Services Planning
1022495 1,162 FORCE AMERICA Equipment Parts Fleet Operating
1022427 1,154 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
7074 1,151 FURTHER-AKA SELECT Other Contracted Services Health and Benefits
1022554 1,133 GRANICUS INC Equipment Repair&Maint Cable PEG
267359 1,125 SUSA Dues&Subscriptions Utility Operations-General
267022 1,111 ALLEGRA PRINTING Printing Recreation Admin
267317 1,103 METERING&TECHNOLOGY SOLUTIONS Repair&Maint.Supplies Water Metering
267121 1,090 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
267177 1,089 JOHNSON CONTROLS Contract Svcs-HVAC Ice Arena Maintenance
7068 1,064 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1022542 1,053 VIK,LISA Tuition Reimbursement/School Police Sworn
267162 997 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr
267135 990 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
1022514 964 WATSON CO INC,THE Merchandise for Resale Concessions
267336 960 PITNEY BOWES Postage Customer Service
1022525 958 EICHMAN NATHAN Motor Fuels Police Sworn
267127 934 AIRGAS USA LLC Supplies-Pool Pool Maintenance
267080 925 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
267180 917 LANO EQUIPMENT INC Equipment Repair&Maint Park Maintenance
1022446 912 MULCAHY COMPANY INC Repair&Maint.Supplies Utility Operations-General
1022518 907 ALBERS,JASON Tuition Reimbursement/School Organizational Services
267295 904 HEALTHPARTNERS Health&Fitness Fire
1022500 894 LOCATORS&SUPPLIES INC Operating Supplies Street Maintenance
267311 892 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
267302 877 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
267315 877 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1022443 875 MENARDS Operating Supplies Utility Operations-General
1022412 873 FASTENAL COMPANY Operating Supplies Fleet Operating
1022425 868 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating
1022432 866 BOYER TRUCKS Equipment Parts Fleet Operating
267047 854 DISCOUNT STEEL INC Equipment Parts Fleet Operating
267362 851 TKO WINES,INC Liquor Product Received Prairie View Liquor Store
1022526 850 FASTENAL COMPANY Operating Supplies Fleet Operating
267296 849 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications
267092 845 NAC Contract Svcs-HVAC Ice Arena Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
267303 837 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
267255 835 BROADWAY AWARDS Operating Supplies City Council
1022467 824 FLEETPRIDE INC Equipment Parts Fleet Operating
267364 812 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
267209 800 SEELING,LYNN A Other Contracted Services Winter Theatre
1022527 785 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM
1022492 779 DAIKIN APPLIED Contract Svcs-HVAC City Center-CAM
267183 767 LUBE-TECH ESI Equipment Testing/Cert. Fleet Operating
267222 764 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
267284 760 EMPLOYER SOLUTIONS STAFFING Temp 494 Corridor Commission
267192 748 MINVALCO INC Supplies-HVAC Water Treatment
1022551 744 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
1022553 739 GRAINGER Repair&Maint.Supplies Park Maintenance
267141 733 BRIN GLASS SERVICE Repair&Maint-Ice Rink Ice Arena Maintenance
267278 733 DOMACE VINO Liquor Product Received Den Road Liquor Store
267314 729 LOMPIAN WINES LLC Liquor Product Received Prairie View Liquor Store
1022533 721 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
267157 720 EMPLOYER SOLUTIONS STAFFING Temp 494 Corridor Commission
267219 720 THE ADVENT GROUP Temp 494 Corridor Commission
267068 703 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
267031 697 BWS HEATING&AIR CONDITIONING Building Repair&Maint. Utility Operations-General
1022442 690 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
267037 685 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1022438 680 GRAINGER Safety Supplies Facilities Staff
1022512 677 VISTAR CORPORATION Merchandise for Resale Concessions
1022449 665 PRAIRIE ELECTRIC COMPANY Supplies-Electrical Fire Station#1
267090 659 MN DEPT TRANSPORTATION Signs Park Maintenance
267195 659 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1022558 658 LANDS END CORPORATE SALES Clothing&Uniforms Police Sworn
267049 655 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
267273 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery
267142 645 BTR OF MINNESOTA Equipment Parts Fleet Operating
267231 640 3D SPECIALTIES Signs Park Maintenance
1022488 640 BIFFS INC Waste Disposal Park Maintenance
1022484 635 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
1022510 634 TAB PRODUCTS CO LLC Supplies-General Bldg City Hall(City Cost)
1022547 628 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
267171 617 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
267252 617 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
1022486 616 BANK BEER CO Liquor Product Received Prairie View Liquor Store
267348 616 SCHERER BROTHERS LUMBER CO Landscape Materials/Supp Street Maintenance
1022468 612 HACH COMPANY Laboratory Chemicals Water Treatment
267246 601 BALDWIN SUPPLY COMPANY Equipment Parts Water Treatment
267053 600 EMPLOYER SOLUTIONS STAFFING Temp 494 Corridor Commission
267272 600 COVERTTRACK GROUP Other Contracted Services Police Sworn
267333 592 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
267030 590 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr
1022567 589 STREICHERS Clothing&Uniforms Police Sworn
1022506 586 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof City Center-CAM
1022501 580 MENARDS Operating Supplies Park Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022426 579 VAN PAPER COMPANY Cleaning Supplies General Community Center
267360 576 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
267326 570 MUELLER CO Merchandise for Resale Water Metering
267172 552 INDIGO SIGNWORKS,INC. Operating Supplies Recreation Admin
1022463 538 BERRY COFFEE COMPANY Merchandise for Resale Concessions
267205 538 PRAIRIE VIEW FRAMING INC Other Contracted Services Communications
267216 535 STAPLES ADVANTAGE Office Supplies Customer Service
1022469 533 JOHNSTONE SUPPLY Supplies-HVAC Water Treatment
267059 526 GLOBAL EQUIPMENT COMPANY Operating Supplies Park Facilities
1022457 525 WALL TRENDS INC Contract Svcs-General Bldg Pool Maintenance
267186 520 MHSRC/RANGE Tuition Reimb-College Core Fire
1022573 519 ZIEGLER INC Equipment Repair&Maint Fleet Operating
267060 516 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
267015 500 DAKOTA COUNTY SHERIFFS DEPT Deposits Escrow
267185 500 MCLAUGHLIN,KEVEN SCOTT Other Contracted Services Arts
267206 500 PUTZIER,THOMAS Other Contracted Services Arts
267078 498 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1022414 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service
267217 480 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1022570 472 WATSON CO INC,THE Merchandise for Resale Concessions
1022445 472 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
267058 470 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
1022435 465 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store
1022546 459 AMERITRAK Other Contracted Services Snow&Ice Control
267378 457 XTREME INTEGRATION Operating Supplies Community Center Admin
267293 450 HARLEY CONSULTING&COACHING Other Contracted Services Community Development Admin.
267054 447 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store
267118 447 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1022564 443 SPS COMPANIES Supplies-Plumbing Park Acquisition&Development
267233 438 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
267106 434 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1022476 433 STONEBROOKE Equipment Parts Water Distribution
1022466 425 FASTENAL COMPANY Waste Disposal Park Maintenance
267119 423 STURM,CURTIS Deposits Escrow
267116 420 STAPLES ADVANTAGE Office Supplies Customer Service
1022404 413 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store
267179 407 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#1
267299 400 HILARD,RICK P&R Refunds Community Center Admin
1022544 398 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital
1022497 396 GRAINGER Cleaning Supplies Den Road Liquor Store
1022505 396 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
267063 394 HAYEN,LINDA Operating Supplies Winter Theatre
1022523 393 CONCRETE CUTTING AND CORING Asphalt Overlay Stormwater Collection
267258 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service
267204 385 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Wasterwater Collection
1022409 385 CONCRETE CUTTING AND CORING Equipment Repair&Maint Street Maintenance
1022563 381 PREMIUM WATERS INC Operating Supplies-Water Fire
267271 366 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
267279 361 E A SWEEN COMPANY Merchandise for Resale Concessions
267230 350 MIDWAY-FROGTOWN ARBORATOR'S BAND THE Other Contracted Services Special Events Admin
Check# Amount Supplier/Explanation Account Description Business Unit Comments
267021 348 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating
267036 345 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
267321 345 MINNESOTA POLLUTION CONTROL AGENCY Licenses,Taxes,Fees Water Treatment
267343 345 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
267331 345 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Street Maintenance
267263 344 CINTAS CORPORATION Safety Supplies Community Center Admin
1022416 342 KLIMA,JULIE Conference/Training Planning
1022502 339 METRO SALES INCORPORATED* Equipment Rentals IT Operating
267306 337 J H LARSON COMPANY Repair&Maint.Supplies Staring Lake
267229 336 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1022408 332 CLAREY'S SAFETY EQUIPMENT Safety Supplies Emergency Preparedness
267110 325 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
1022538 316 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Street Maintenance
1022552 314 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1022452 309 SHI CORP Software Maintenance IT Operating
267107 305 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
267345 304 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
7057 300 FURTHER-AKA SELECT HRA Health and Benefits
267024 300 BARTLEY SALES COMPANY INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
267122 300 TURNING TECHNOLOGIES,LLC Software Maintenance IT Operating
1022519 294 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store
267288 290 GOPHER STATE ONE-CALL OCS-Utility Locates Utility Operations-General
267355 288 STAPLES ADVANTAGE Office Supplies Customer Service
267181 285 LEIFELD FRAMING Other Contracted Services Police Sworn
267056 280 FINNLY TECHNOLOGY LLC Other Contracted Services Community Center Admin
267369 276 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
267191 275 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating
267248 270 BECKER ARENA PRODUCTS INC EMS Supplies-EMS Supplies Fire
1022508 268 SPS COMPANIES Repair&Maint. Supplies Park Maintenance
267089 267 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
267268 266 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
1022441 265 KIDCREATE STUDIO Other Contracted Services Stormwater Non-Capital
267113 262 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
267330 257 NEGOCE LLC Liquor Product Received Prairie Village Liquor Store
267211 252 SIGNSOURCE Supplies-General Bldg Facilities Staff
267237 250 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Prairie View Liquor Store
1022465 249 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations-General
1022458 245 WATSON CO INC,THE Merchandise for Resale Concessions
267240 240 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events
267289 239 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
267144 234 CINTAS Operating Supplies Park Maintenance
7065 232 US BANK-PAYMODE Bank and Service Charges Finance
267275 232 DIRECTV Cable TV Community Center Admin
267349 227 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
267019 225 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
267342 224 PROP-DO NOT USE Charitable Contributions Health and Benefits
267353 221 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
267070 219 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Theatre Initiative
267322 219 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1022451 218 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022410 218 CRANNY SARAH Mileage&Parking Customer Service
267161 217 GALCO Supplies-Electrical Ice Arena Maintenance
267337 216 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store
267287 212 FIRE SAFETY USA INC Equipment Parts Fire
1022537 210 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
267166 209 GYM WORKS Equipment Repair&Maint Fitness Center
1022461 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store
1022453 205 SPRINT Cell/Pager Plans 494 Corridor Commission
1022424 201 STONEBROOKE Equipment Parts Fleet Operating
7070 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
1022532 198 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
267242 197 AQUA LOGIC INC Contract Svcs-Pool Pool Maintenance
1022405 196 BERKBIGLER,RIK Travel Expense Fire
1022535 193 MUNOZ,CESAR Tuition Reimbursement/School Police Sworn
267016 192 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
267251 191 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
7059 191 OPTUM HEALTH Other Contracted Services Health and Benefits
1022524 190 DUNGAN,TRACY Mileage&Parking Concessions
267147 190 COMCAST Internet IT Operating
267178 188 JOHNSTONE SUPPLY Supplies-HVAC Ice Arena Maintenance
267079 185 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection
267104 184 PRINCIPAL FINANCIAL GROUP Payroll-Marketing 494 Corridor Commission
7066 184 VANCO SERVICES Bank and Service Charges Wastewater Accounting
267098 184 PARK NICOLLET Health&Fitness Fire
267325 182 MOTION INDUSTRIES INC. Operating Supplies Snow&Ice Control
267050 182 E A SWEEN COMPANY Merchandise for Resale Concessions
1022549 181 BOYER TRUCKS Equipment Parts Fleet Operating
267018 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
267292 180 HAGEMAN EMILY Licenses,Taxes,Fees Theatre Initiative
1022561 179 MULCAHY COMPANY INC Supplies-HVAC City Center-CAM
267026 179 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
267198 177 NAVARRO,LEON Mileage&Parking Facilities Staff
1022418 176 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
1022419 176 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
267017 174 A TO Z RENTAL CENTER Equipment Repair&Maint Stormwater Collection
1022422 174 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store
267128 168 ALEX AIR APPARATUS INC Equipment Repair&Maint Emergency Preparedness
267260 166 CENTURYLINK Internet IT Operating
267259 166 CARVER COUNTY LICENSE CENTER Licenses,Taxes,Fees Fleet-Police
267048 166 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
267236 165 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
267250 165 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Den Road Liquor Store
1022464 165 BOHNSACK,SUE Mileage&Parking Senior Center Admin
267138 164 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1022562 162 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1022473 161 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
267158 160 ESTRINE,ROBERT Other Contracted Services Community Band
267371 160 VOLAVKA,LYNDA Other Contracted Services Arts Center
267262 160 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store
267358 156 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1022472 154 QUALITY PROPANE Equipment Parts Ice Arena Maintenance
267099 151 PARK NICOLLET CLINIC Employment Support Test Organizational Services
1022566 150 STERICYCLE INC Other Contracted Services Police Sworn
1022568 150 USA SECURITY Maintenance Contracts Water Treatment
267298 149 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
1022420 148 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance
1022529 147 KLIMA,JULIE Mileage&Parking Planning
1022470 144 KRUEGER,MARK Operating Supplies Volunteers
1022534 143 MPX GROUP,THE Printing Fire
1022511 141 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Supply(Wells)
1022437 140 GINA MARIAS INC Operating Supplies Volunteers
1022489 136 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn
267239 136 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Police(City Cost)
1022528 135 HACH COMPANY Laboratory Chemicals Water Treatment
267196 135 MR CUTTING EDGE Repair&Maint-Ice Rink Ice Arena Maintenance
267165 135 GROTH MUSIC Operating Supplies Community Band
267120 130 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1022411 126 CUSTOM HOSE TECH Equipment Parts Fleet Operating
267320 125 MINNESOTA MEDICAL AND REHAB.P.A. Other Contracted Services Police Sworn
267372 125 WALLIN CLAIRE Tuition Reimbursement/School Fitness Classes
1022403 125 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment
267152 122 DISPLAY SALES Supplies-General Bldg Facilities Staff
267276 122 DISPLAY SALES Supplies-General Bldg Facilities Staff
267312 120 LARSON REID Inspection Fee Housing Inspections
267044 114 CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn
267163 114 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
267227 113 WILD ONES PRAIRIE EDGE P&R Refunds Community Center Admin
267256 112 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance
267363 111 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police Sworn
267184 111 MCDONOUGH THOMAS AR Utility Water Enterprise Fund
267039 108 COMCAST Phone/Data/Web 494 Corridor Commission
1022478 107 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Wasterwater Collection
1022530 106 LANZI,BOB Mileage&Parking Ice Admin.
1022540 103 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Street Maintenance
1022503 102 MULCAHY COMPANY INC Supplies-HVAC Pool Maintenance
267202 100 PETTY CASH Petty Cash&Change Funds Water Enterprise Fund
1022536 98 PROSOURCE SUPPLY Cleaning Supplies General Community Center
267285 95 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store
267101 94 PETSMART Canine Supplies Police Sworn
267350 91 SHARMA,DEEPTI Operating Supplies Arts Center
267114 89 SNAP-ON TOOLS Operating Supplies Fleet Operating
267073 88 LAKELAND ENGINEERING EQUIP CO Repair&Maint.Supplies Park Maintenance
267040 86 COMCAST Internet IT Operating
1022539 85 STUFFT LAUREN Conference/Training Tree Disease
1022407 85 BUSINESS ESSENTIALS Office Supplies Utility Operations-General
267043 83 CORE&MAIN Repair&Maint.Supplies Water Metering
267108 82 RIVERA,JULIE P&R Refunds Community Center Admin
267266 81 COMCAST Equipment Repair&Maint E-911 Program
267264 81 COLLIERS ARCHITECTURE,LLC Other Contracted Services Police(City Cost)
7064 80 MONEY MOVERS INC Other Contracted Services Community Center Admin
Check# Amount Supplier/Explanation Account Description Business Unit Comments
267112 79 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating
1022415 77 HIRSHFIELD'S Repair&Maint. Supplies Water Treatment
267025 75 BARUCH RACHEL P&R Refunds Community Center Admin
267160 75 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Conference/Training Recycle Rebate
267232 75 3RD LAIR Instructor Service Lesson Skills Development
267103 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store
267344 72 RASKIN WENDY Mileage&Parking Community Center Admin
1022520 66 BATTERIES PLUS Operating Supplies Den Road Liquor Store
267097 65 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs
267329 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
267212 63 SIGNSOURCE Supplies-General Bldg Fitness/Conference-Cmty Ctr
267214 63 SNAP-ON TOOLS Small Tools Fleet Operating
1022471 61 METROPOLITAN FORD Equipment Parts Fleet Operating
1022413 61 FIETEK,CHRIS Travel Expense Police Sworn
267194 60 MN/SCIA Tuition Reimbursement/School Police Sworn
267235 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1022557 59 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment
267082 59 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
267265 59 COMCAST Cable TV Fire
267064 59 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
267117 58 STAUFFER,REBECCA P&R Refunds Community Center Admin
267368 58 UNITED WAY Charitable Contributions Health and Benefits
267244 57 ASPEN MILLS Clothing&Uniforms Volunteers
267197 56 MSC INDUSTRIAL SUPPLY CO INC Repair&Maint.Supplies Water Treatment
1022448 56 PLASTICS INTERNATIONAL Equipment Repair&Maint Crestwood Park
267375 55 WILLYERD SARAH Tuition Reimbursement/School Fitness Classes
7060 54 SAFEGUARD Operating Supplies Community Center Admin
267111 54 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
267220 54 THOMAS,DONNA P&R Refunds Community Center Admin
267234 53 A TO Z RENTAL CENTER Equipment Parts Stormwater Collection
1022477 50 STOVRING,LESLIE Mileage&Parking Stormwater Non-Capital
267071 50 KAISER,DAVID S Operating Supplies Gymnasium(CC)
267270 50 CORDER TRICIA Tuition Reimbursement/School Fitness Classes
1022521 49 BRINK,LORI Mileage&Parking Recreation Admin
267323 48 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn
267282 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
267283 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
267094 46 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
267281 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
1022450 42 QUICKSILVER EXPRESS COURIER Other Contracted Services Parks Administration
267357 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
267377 40 WU RICHARD P&R Refunds Community Center Admin
267327 40 MUNICIPALS Dues&Subscriptions Human Resources
267174 35 J H LARSON COMPANY Supplies-Electrical Police(City Cost)
267170 35 IEDITWEB INC Licenses,Taxes,Fees Garden Room Repairs
267324 33 MORRISSEY,DENNIS Conference/Training Softball
267381 32 YOUNG,PATRICIA P&R Refunds Community Center Admin
1022406 32 BRINK,LORI Other Contracted Services Senior Center Programs
267041 27 COMCAST Other Contracted Services Police Sworn
267086 27 MILLER,EMILY Deposits Escrow
Check# Amount Supplier/Explanation Account Description Business Unit Comments
267088 27 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance
1022417 26 MILLENDER LARRY Conference/Training Aquatics Admin.
267188 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment
267189 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment
267274 22 DALCO Janitor Service Maintenance Facility
267356 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
267093 20 NELSON,ROBIN Outreach Mileage/Parking 494 Corridor Commission
1022475 19 SPOK,INC. Cell/Pager Plans IT Operating
267286 19 ERGOMETRICS Employment Support Test Organizational Services
267148 17 COMCAST Cable TV Fire
267339 11 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance
267310 11 KUJAK,MIKE Cash Over/Short General Fund
267150 10 CULLIGAN BOTTLED WATER Corridor Comm.Misc 494 Corridor Commission
267247 10 BECHTEL,MARY LYNN P&R Refunds Community Center Admin
267187 9 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
267351 7 SNAP-ON TOOLS Small Tools Fleet Operating
267038 7 COMCAST Cable TV Fire
1022456 6 UPS Postage Historical Culture
267096 5 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General
267297 1 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Park Acquisition&Development
3,133,824 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
5/7/2019
Amount Explanation Account Description Business Unit
2,422 US-Bldg Surchgs Building Surcharge General Fund
1,890 US-21 licenses renewals-2019 Licenses,Taxes,Fees Police Sworn
1,756 US-draft inducer assembly Repair&Maint. Supplies Pool Maintenance
1,638 US-Bldg Surchgs Mechanical Surcharge General Fund
1,345 US-GIS conf-Sletten Conference/Training IT Operating
1,210 US-anniversary gift cards Employee Award Internal Events
1,150 US-mayors conf Conference/Training City Council
1,128 US-anniversary gift cards Employee Award Internal Events
996 US-conf hotel-3 nights Conference/Training City Council
940 US-patio furniture Capital Under$25,000 City Center-CAM
875 US-hotel-2 nights Travel Expense Fleet Operating
875 US-truck show Conference/Training Fleet Operating
774 US-almost spring lunch Special Event Fees Senior Center Programs
690 US-shade tree short course-Bar Conference/Training Park Maintenance
686 US-Bldg Surchgs Plumbing Surcharge General Fund
658 US-ice show Licenses,Taxes,Fees Ice Show
621 US-mailbox repair Landscape Materials/Supp Street Maintenance
617 US-activity wristbands Operating Supplies Community Center Admin
587 US-front desk printer/ribbon Operating Supplies Community Center Admin
579 US-annual APA membership-J Kli Dues&Subscriptions Planning
575 US-Reid interview-M Ibrahim Tuition Reimbursement/School Police Sworn
560 US-NLC conf-PG Conference/Training City Council
560 US-NLC conf Getschow Conference/Training Administration
560 US-NLC conf-Freiberg Conference/Training City Council
560 US-NLC conf-Case Conference/Training City Council
545 US-MCMA conf Conference/Training Administration
543 US-amp wire Operating Supplies Capital Outlay Parks
536 US-tow straps for plow trucks Equipment Parts Fleet Operating
532 US-shop supplies Small Tools Park Maintenance
527 US-les mills licensing fee Licenses,Taxes,Fees Fitness Classes
527 US-les mills licensing fee Licenses,Taxes,Fees Fitness Classes
526 US-knaack box-staring lk pickl Operating Supplies Park Facilities
517 US-mailbox repair Landscape Materials/Supp Street Maintenance
507 US-monthly billing Other Contracted Services Community Center Admin
490 US-spare surge protectors Operating Supplies IT Operating
452 US-ice show Licenses,Taxes,Fees Ice Show
440 US-retirement-Otten/Richardson Employee Award Organizational Services
430 US-ATV tie down system Equipment Parts Fleet Operating
429 US-GIS conf-Sletten Conference/Training IT Operating
425 US-advertising fee Operating Supplies Community Center Admin
Amount Explanation Account Description Business Unit
410 US-membership Dues&Subscriptions Inspections-Administration
399 US-Lights for water plant-LED Repair&Maint. Supplies Water Treatment
360 US-subscription renewal Dues&Subscriptions Communications
360 US-subscription renewal Dues&Subscriptions Recreation Admin
355 US-mailbox repair Landscape Materials/Supp Street Maintenance
354 US-APA membership-A Perera Dues&Subscriptions Planning
351 US-lodging Salage Travel Expense City Clerk
351 US-lodging Salage Travel Expense City Clerk
336 US-annual fee Dues&Subscriptions Organizational Services
332 US jetting and vaccuum parts Repair&Maint. Supplies Wasterwater Collection
331 US-gateway fees Bank and Service Charges Den Road Liquor Store
330 US-utility permit-pioneer trl- Licenses,Taxes,Fees Water Distribution
314 US-Albers MN IAAI conf Travel Expense Fire
314 US-council dinner Miscellaneous City Council
311 US-mailbox repair Landscape Materials/Supp Street Maintenance
309 US-L Kerns conf Dues&Subscriptions Human Resources
307 US-council dinner Miscellaneous City Council
301 US-zip ties Operating Supplies Park Maintenance
301 US-aqua gloves Operating Supplies Fitness Classes
300 US-Jason/Scott H2O school Tuition Reimbursement/School Utility Operations-General
300 US-headphones/mouse/pencil cup Office Supplies Police Sworn
298 US-pizza-P&R gathering Miscellaneous Parks Administration
295 US-critter food Operating Supplies Outdoor Center
287 US-adult art class supplies Operating Supplies Arts Center
280 US-C Wallis airfare-FDIC Conference/Training Fire
269 US-studio weight rack repair Equipment Repair&Maint Fitness Classes
258 US-out and about program fee Special Event Fees New Adaptive
253 US-MCMA lodging Conference/Training Administration
250 US-MN rural water membership Licenses,Taxes,Fees Utility Operations-General
250 US-Salage/Porta Conference/Training City Clerk
247 US-fire safe Operating Supplies Engineering
234 US-coffee Operating Supplies Senior Center Admin
228 US-supplies Operating Supplies Senior Center Admin
225 US-M Ibrahim training Tuition Reimbursement/School Police Sworn
225 US-NLPOA conf Tuition Reimbursement/School Police Sworn
212 US-umpire shirts Clothing&Uniforms Softball
210 US-C Fietek hotel-2 nights Tuition Reimbursement/School Police Sworn
210 US-Svoboda MN IAAI conf Travel Expense Fire
207 US-response area maps-4 Printing Fire
205 US-C Wallis airfare-FDIC Conference/Training Fire
205 US-gateway fees Bank and Service Charges Prairie View Liquor Store
203 US-council dinner Miscellaneous City Council
200 US-hockey rink supplies Operating Supplies Ice Operations
192 US-mowing supplies Operating Supplies Park Maintenance
Amount Explanation Account Description Business Unit
192 US-prairie packed lunch Training Supplies Organizational Services
176 US-shop supplies Operating Supplies Park Maintenance
170 US-CC personal use PG Deposits Escrow
170 US-CC personal use M Freiberg Deposits Escrow
170 US-CC personal use-R Case Deposits Escrow
170 US-glock mags Training Supplies Police Sworn
167 US-plumbing supplies Repair&Maint. Supplies Utility Operations-General
160 US-FMAM/IAAI conf Conference/Training Fire
160 US-SFM/FMAM conf Conference/Training Fire
160 US-negotiations trng Operating Supplies Police Sworn
156 US-B Luebke CC Deposits Escrow
153 US-gateway fees Bank and Service Charges Prairie Village Liquor Store
150 US-pressure/slow cooker Operating Supplies Fire
150 US-cpr/aed/fa certs Tuition Reimbursement/School Fitness Classes
137 US-bakery items/juice/cups/nap Operating Supplies Fire
135 US-playcare diapers/toys Operating Supplies Day Care
135 US-continuing Ed-real estate-L Conference/Training Economic Development
134 US-café food Merchandise for Resale Concessions
133 US-open house supplies Operating Supplies Arts Center
132 US-inclusion resources Operating Supplies Inclusion
131 US-imatter workshop Deposits Escrow
129 US-photoshop Office Supplies Fire
125 US-MFSCB test registration Dues&Subscriptions Fire
123 US-open house supplies Operating Supplies Arts Center
120 US-cpr/aed/fa certs Tuition Reimbursement/School Fitness Classes
120 US-MPSTMA workshop-3 Conference/Training Park Maintenance
119 US-prime membership Other Contracted Services Fire
119 US-annual membership Miscellaneous IT Operating
119 US-small tools Small Tools Stormwater Collection
118 US-playcare organizing Operating Supplies Day Care
116 US-winter play food supplies Operating Supplies Winter Theatre
114 US-playcare toys,markers,sup Operating Supplies Day Care
107 US-parts for sanders Equipment Parts Street Maintenance
107 US-camp supply Operating Supplies Youth Programs Admin
103 US-building supplies Operating Supplies Senior Center Admin
102 US-office supplies Office Supplies Arts Center
100 US-WIM license fee Licenses,Taxes,Fees Fitness Classes
100 US-mower tie down straps Operating Supplies Park Maintenance
96 US-party for flood week Office Supplies Utility Operations-General
94 US-tube hose Equipment Parts Fleet Operating
93 US-shop tools Small Tools Park Maintenance
90 US-foodservice glove disp Operating Supplies Concessions
90 US-coffee for chiefs welcome Operating Supplies Fire
90 US-cannibis DWI-3 Tuition Reimbursement/School Police Sworn
Amount Explanation Account Description Business Unit
86 US-floating egg hunt prizes Operating Supplies Pool Special Events
85 US-umpire meeting food Conference/Training Softball
85 US-training Tuition Reimbursement/School Police Sworn
85 US-distance laser Fire Prevention Supplies Fire
81 US-crew monitors Other Contracted Services Fire
80 US-NREMT M Heine Tuition Reimbursement/School Police Sworn
80 US-NREMT-S Williamson Tuition Reimbursement/School Police Sworn
80 US-pants Clothing&Uniforms Police Sworn
80 US-trash pickers Operating Supplies Park Maintenance
76 US-batteries Operating Supplies Community Center Admin
75 US-J Hunt DMT refresher Tuition Reimbursement/School Police Sworn
75 US-E Geronsin DMT refresher Tuition Reimbursement/School Police Sworn
75 US-A Naumann DMT refresher Tuition Reimbursement/School Police Sworn
75 US-M O'Rourke DMT refresher Tuition Reimbursement/School Police Sworn
75 US-H Schenck DMT refresher Tuition Reimbursement/School Police Sworn
75 US-C Streiff DMT refresher Tuition Reimbursement/School Police Sworn
75 US-P Johnson DMT refresher Tuition Reimbursement/School Police Sworn
75 US-NTOA sniper training Tuition Reimbursement/School Police Sworn
74 US-fertilizer spreader Equipment Repair&Maint Park Maintenance
70 US-shop irrigation Operating Supplies Park Maintenance
70 US-airport parking Mileage&Parking Fleet Operating
68 US-fuel for generator Repair&Maint. Supplies Water Distribution
68 US-learn to skate name tags Operating Supplies Ice Lessons
67 US-LED bulb singer Repair&Maint. Supplies Water Treatment
67 US-truefule 4 cycle Repair&Maint. Supplies Water Distribution
67 US-name tent holders Office Supplies Fire
66 US-sunshine fund-funeral-Asche Deposits Escrow
66 US-NFPA 1582 Health&Fitness Fire
65 US-8 GB ram upgrade lindsey Y Computers IT Operating
65 US-stage mask draping Operating Supplies Winter Theatre
64 US-batteries Repair&Maint. Supplies Water Distribution
61 US-critter food Operating Supplies Outdoor Center
60 US-conf travel Travel Expense City Council
60 US-conf travel Travel Expense City Council
60 US-headset Operating Supplies Community Center Admin
58 US-quartermaster Operating Supplies Police Sworn
58 US-hard hat Operating Supplies Engineering
58 US-parts Equipment Parts Fleet Operating
56 US-class supplies Operating Supplies Arts Center
54 US-paint for structure Repair&Maint. Supplies Stormwater Collection
54 US-café food Merchandise for Resale Concessions
54 US-café food Merchandise for Resale Concessions
54 US-sunshine fund-Groves Deposits Escrow
54 US-Sackett surgery Deposits Escrow
Amount Explanation Account Description Business Unit
54 US-indoor tri Operating Supplies Fitness Classes
52 US-propane tanks-big bertha Repair&Maint. Supplies Water Distribution
51 US-marking paint Small Tools Stormwater Collection
51 US-small tools Repair&Maint. Supplies Utility Operations-General
50 US-shop irrigation Repair&Maint. Supplies Park Maintenance
50 US-usb drive for SIRE export Computers IT Operating
50 US-kids class supplies Operating Supplies Arts Center
50 US-portable media player-liquo Operating Supplies IT Operating
48 US-park clean up day Operating Supplies Park Maintenance
48 US-keyboard for dispatch Computers IT Operating
48 US-meters Repair&Maint. Supplies Water Metering
46 US-new hire gift bags Employee Award Organizational Services
45 US job fair recruit Operating Supplies Aquatics Admin.
45 US-café food Merchandise for Resale Concessions
44 US-café food Merchandise for Resale Concessions
44 US-operating supplies Operating Supplies Concessions
43 US-café food Merchandise for Resale Concessions
43 US-license renewal-hammerlind Licenses,Taxes,Fees Park Maintenance
43 US-Cole-license renewal Licenses,Taxes,Fees Park Maintenance
43 US-extender-inspiration room Computers IT Operating
43 US-open house supplies Operating Supplies Arts Center
42 US-kids supplies Operating Supplies Arts Center
42 US-props WOA Operating Supplies Theatre Initiative
41 US-office supplies Office Supplies Arts Center
41 US-safety MSDS binder Safety Supplies Arts Center
41 US-café food Merchandise for Resale Concessions
40 US-parts Repair&Maint. Supplies Pool Maintenance
40 US-records week-locks,pickup Miscellaneous Records Management
40 US-training Travel Expense Fleet Operating
39 US-mailbox repair Landscape Materials/Supp Street Maintenance
39 US-supplies Operating Supplies Street Maintenance
38 US-toner for EPCC fitness prin Process Control Equipment IT Operating
38 US-seniors cake Operating Supplies Fitness Classes
38 US-kids show costumes Clothing&Uniforms Theatre Initiative
37 US-replacement captor CO deck Equipment Repair&Maint Pool Operations
37 US-critter food Operating Supplies Outdoor Center
36 US-café food Merchandise for Resale Concessions
36 US-plumbing supplies Repair&Maint. Supplies Utility Operations-General
36 US-supplies Clothing&Uniforms Engineering
36 US-name tent holders Office Supplies Fire
36 US-café food Merchandise for Resale Concessions
35 US-tools for truck Small Tools Stormwater Collection
35 US-critter food Operating Supplies Outdoor Center
35 US-café food Merchandise for Resale Concessions
Amount Explanation Account Description Business Unit
34 US-critter food Operating Supplies Outdoor Center
33 US-WOA costumes Clothing&Uniforms Theatre Initiative
33 US-prairie bluff irrigation Repair&Maint. Supplies Prairie Bluff Conservation
32 US-classroom supplies Office Supplies Arts Center
32 US-door signs-art ctr Office Supplies Arts Center
32 US-accomodation resources Operating Supplies Inclusion
32 US-cable AMP splitter-PD remod Operating Supplies IT Operating
32 US-marking paint Repair&Maint. Supplies Stormwater Collection
32 US-wireless mouse Office Supplies Police Sworn
32 US-spare clicker-IT Operating Supplies IT Operating
31 US-birthday bowling pins Operating Supplies Birthday Parties
31 US-open house supplies Operating Supplies Arts Center
31 US-tyler conf uber Conference/Training IT Operating
30 US-Uber-Dallas Tuition Reimbursement/School Police Sworn
30 US-café food Merchandise for Resale Concessions
30 US-cookies-P&R gathering Miscellaneous Parks Administration
30 US-Lights for water plant-LED Repair&Maint. Supplies Water Treatment
30 US-cpr/aed/fa certs Tuition Reimbursement/School Fitness Classes
30 US-Tyler Conf Conference/Training IT Operating
30 US-rotating art series Advertising Special Initiatives
30 US-flushing gloves Clothing&Uniforms Utility Operations-General
30 US-water-council Miscellaneous City Council
30 US-conf travel Travel Expense City Council
29 US-whistles for guards Operating Supplies Pool Operations
29 US-azure support Other Contracted Services Fire
29 US-ROW Operating Supplies Street Maintenance
29 US-lock and core for EPCC Repair&Maint. Supplies General Community Center
29 US-hangers Operating Supplies Community Center Admin
27 US-café food Merchandise for Resale Concessions
27 US-café food Merchandise for Resale Concessions
27 US-playcare spring books Operating Supplies Day Care
27 US-front desk organization Operating Supplies Community Center Admin
26 US-conf travel Travel Expense City Council
26 US-winter show props Operating Supplies Winter Theatre
26 US-2019 membership-Carrane Dues&Subscriptions Fire
26 US-class supplies Operating Supplies Arts Center
25 US-parts for service dethawer Equipment Parts Water Distribution
25 US-WILS luncheon Conference/Training Senior Center Admin
25 US-WILS seminar/luncheon Conference/Training Recreation Admin
25 US-WILS ticket Conference/Training Aquatics Admin.
25 US-NTOA membership renewal Dues&Subscriptions Police Sworn
25 US-baggage fee Tuition Reimbursement/School Police Sworn
25 US-WILS conf Conference/Training Fitness Admin.
25 US-WILS luncheon Operating Supplies Community Center Admin
Amount Explanation Account Description Business Unit
25 US-V Verley training Conference/Training Community Center Admin
25 US-J Ellingson training Conference/Training Aquatics Admin.
25 US-M Munoz training Conference/Training Fitness Admin.
25 US-training Conference/Training Youth Programs Admin
24 US-clothes rack-police Repair&Maint. Supplies Police(City Cost)
24 US-office organization Operating Supplies Community Center Admin
24 US-air control governor Equipment Parts Fleet Operating
24 US-costumes-winter show Clothing&Uniforms Winter Theatre
24 US-café food Merchandise for Resale Concessions
23 US-supplies Operating Supplies Arts Center
23 US-color shine-rubber pin keep Operating Supplies Police Sworn
23 US-L Stufft-forestry specialis Other Contracted Services Organizational Services
22 US-mailbox repair Landscape Materials/Supp Street Maintenance
22 US-kids class supplies Operating Supplies Arts Center
22 US-front desk organization Operating Supplies Community Center Admin
22 US-stage mask draping Operating Supplies Winter Theatre
21 US-WOA props Operating Supplies Theatre Initiative
21 US-striping paint Repair&Maint. Supplies Wasterwater Collection
21 US-tools Operating Supplies Park Maintenance
21 US-phone to recording adapter Operating Supplies IT Operating
21 US-tape for label maker Operating Supplies IT Operating
21 US-cups/napkins Operating Supplies Senior Center Admin
20 US-Morgan-boiler license Licenses,Taxes,Fees Utility Operations-General
20 US-P Sager IAFCI spring conf Tuition Reimbursement/School Police Sworn
20 US-playcare instructional idea Operating Supplies Day Care
20 US-epermit web security Software/Hardware Maint. IT Operating
20 US-webcam mount-inspiration ro Computers IT Operating
19 US-playground parts Operating Supplies Park Maintenance
19 US-cake for mass award recepti Operating Supplies Recreation Admin
18 US-strap magnet Equipment Parts Fleet Operating
18 US-café food Merchandise for Resale Concessions
18 US-portfolios Office Supplies Water Treatment
18 US-costumes-winter show Clothing&Uniforms Winter Theatre
17 US-café food Merchandise for Resale Concessions
17 US-street tree removal Operating Supplies Park Maintenance
17 US-PSIN monitors Equipment Repair&Maint Public Safety Communications
17 US-shoe polish Operating Supplies Police Sworn
16 US-critter food Operating Supplies Outdoor Center
16 US-critter food Operating Supplies Outdoor Center
16 US-irrigation Repair&Maint. Supplies Prairie Bluff Conservation
16 US-music for aquatic ctr Operating Supplies Pool Operations
16 US-kids show costumes Clothing&Uniforms Theatre Initiative
16 US-costumes-winter show Clothing&Uniforms Winter Theatre
16 US-kids show costumes Clothing&Uniforms Theatre Initiative
Amount Explanation Account Description Business Unit
16 US-cookies-drivers safety clas Operating Supplies Senior Center Programs
15 US-range supplies Training Supplies Police Sworn
15 US-J Nelsen Bldg inspections Other Contracted Services Organizational Services
14 US-reserve calendar Operating Supplies Volunteers
14 US-usb hub Scott Gerber Computers IT Operating
14 US-plasti-dip Repair&Maint. Supplies Utility Operations-General
14 US-wall mount-fingerprint rm-P Operating Supplies IT Operating
14 US-shine kit Operating Supplies Police Sworn
14 US-supplies for umpire meeting Operating Supplies Softball
14 US-open house supplies Operating Supplies Arts Center
13 US-kids show costumes Clothing&Uniforms Theatre Initiative
13 US-compresser parts Repair&Maint. Supplies Utility Operations-General
13 US-café food Merchandise for Resale Concessions
12 US-supplies/tools Operating Supplies Park Maintenance
12 US-lunch during travel Conference/Training Senior Center Admin
12 US-kids show costumes Clothing&Uniforms Theatre Initiative
12 US-screen protectors-PD Computers IT Operating
12 US-costumes WOA Clothing&Uniforms Theatre Initiative
12 US-screwdriver Small Tools Water Metering
12 US-cooler gloves Operating Supplies Prairie Village Liquor Store
12 US-cooler gloves Operating Supplies Den Road Liquor Store
12 US-cooler gloves Operating Supplies Prairie View Liquor Store
12 US-shoe polish Operating Supplies Police Sworn
12 US-cookies for streets crew Miscellaneous Communications
11 US-irrigation general Repair&Maint. Supplies Park Maintenance
11 US-mowing books Operating Supplies Street Maintenance
11 US-candy/cups-interview suppli Operating Supplies Youth Programs Admin
11 US-amphitheatre Operating Supplies Capital Outlay Parks
11 US-front desk organization Operating Supplies Day Care
10 US-NAPA parking Conference/Training Fleet Operating
10 US-small tools Small Tools Outdoor Center
9 US-kids show costumes Clothing&Uniforms Theatre Initiative
9 US-cups Operating Supplies Senior Center Admin
8 US-café food Merchandise for Resale Concessions
8 US-bic lighters Operating Supplies Police Sworn
8 US-café food Merchandise for Resale Concessions
8 US-kids show costumes Clothing&Uniforms Theatre Initiative
8 US-kids show props/costumes Clothing&Uniforms Theatre Initiative
7 US-meeting SR group Conference/Training Senior Center Admin
7 US-WOA costumes Clothing&Uniforms Theatre Initiative
7 US-spare cable ties Operating Supplies IT Operating
7 US-zip ties Operating Supplies IT Operating
7 US-kids show costumes Clothing&Uniforms Theatre Initiative
7 US-drill bit Equipment Parts Fleet Operating
Amount Explanation Account Description Business Unit
7 US-prairie bluff irrigation Repair&Maint. Supplies Prairie Bluff Conservation
7 US-sump pump Repair&Maint. Supplies Water Treatment
6 US-J Goldenstein CC Deposits Escrow
6 US-café food Merchandise for Resale Concessions
6 US-stickers for mix of 6 Operating Supplies Prairie Village Liquor Store
6 US-stickers for mix of 6 Operating Supplies Den Road Liquor Store
6 US-stickers for mix of 6 Operating Supplies Prairie View Liquor Store
5 US-tools Operating Supplies Park Maintenance
5 US-kids show costumes Clothing&Uniforms Theatre Initiative
5 US-lunch Operating Supplies Police Sworn
5 US-PD license tab renewal Licenses,Taxes,Fees Fleet Operating
4 US-parts Equipment Repair&Maint Pool Operations
4 US-C Wallis airfare-FDIC Conference/Training Fire
3 US-café food Merchandise for Resale Concessions
3 US-café food Merchandise for Resale Concessions
3 US-dog license fees Bank and Service Charges Customer Service
2 US-supplies Operating Supplies Arts Center
2 US-kids show props/costumes Operating Supplies Theatre Initiative
1 US-indoor tri Operating Supplies Fitness Classes
1 US-mother-son ad Advertising Special Events&Trips
1 US-WOA costumes Clothing&Uniforms Theatre Initiative
-6 US-J Goldenstein CC Deposits Escrow
-20 US-refund Tuition Reimbursement/School Police Sworn
-40 US-SWAT uniform return Clothing&Uniforms Police Sworn
-40 US-SWAT uniform return Clothing&Uniforms Police Sworn
-68 US-refund Repair&Maint. Supplies Utility Operations-General
-72 US-lodging refund Tuition Reimbursement/School Police Sworn
-92 US-ice show Licenses,Taxes,Fees Ice Show
-95 US-Bldg Surchgs Other Revenue General Fund
-130 US-SWAT uniform return Clothing&Uniforms Police Sworn
-156 US-B Luebke CC Deposits Escrow
-196 US-B Luebke CC Deposits Escrow
-575 US-credit for training Conference/Training Street Maintenance
56,042 Report Total
CITY COUNCIL AGENDA DATE:
SECTION: Report of Parks and Recreation Director May 7, 2019
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 187035 ITEM NO.:
Rick Wahlen Award Construction Contract for Ground Storage XIV. E.
Public Works Water Reservoir and Pump Station to Rice Lake
Construction, Inc.
Requested Action
Move to: Award construction contract for the Ground Storage Water Reservoir and Pump
Station to Rice Lake Construction in the amount of$7,957,353.00.
Synopsis
Sealed bids were received on Tuesday, April 23, 2019 for this project. Three (3)bids were
received and are summarized in the attached Consultant Recommendation Letter and Bid
Tabulation Summary. The low bid in the amount of$7,957,353.00 was submitted by Rice Lake
Construction and is approximately 7.5%below the Engineer's Estimate. Our consultant and
staff recommend awarding the contract for the project to Rice Lake Construction in the amount
of$7,957,353.00.
Background Information
The project is located between Highway 212 and the Minnesota River Bluffs LRT Regional Trail
approximately 1,400 feet east of Eden Prairie Road. The property is former MnDOT right-of-
way purchased by the City and encompasses approximately 6.55 acres. The project is near to
Eden Prairie's original railroad depot and water stop known as the Washburn Station which was
constructed in 1871. To celebrate Eden Prairie's past, the pump station is designed to resemble
the former depot.
The project involves the construction of a four million gallon pre-stressed concrete ground
storage reservoir and a 2,400 square foot pump station as well as a parking and turn around area
for maintenance vehicles. The project was approved by the Planning Commission on January
28, 2019, and the City Council on March 5, 2019. The project is expected to be completed in
2020 with work beginning shortly after the award.
Financial Implications
The project will be funded through the Water Enterprise. Water Access Charges will pay for
approximately 50% of construction. The remaining 50% will be paid by Water Enterprise bond
fund proceeds that will be issued later this year.
Attachments
Consultant Recommendation Letter
Bid Tabulation Summary
Contract
HE2s
www.ae2s . corn
April 29, 2019
Mr. Rick Wahlen
Utilities Superintendent
City of Eden Prairie
Re: Recommendation for Notice of Award
Ground Storage Reservoir and Pump Station
City of Eden Prairie,Minnesota
Dear Mr. Wahlen:
Pursuant to the authority of the Eden Prairie City Council the bid opening was conducted on April 23,2019
at 2:00 PM. A total of three (3) bids were received for the project. Pursuant to our review of the bids
received,it appears that all were completed in accordance with the requirements of the bidding documents.
There were a couple of mathematical errors in the bid from Municipal Builders, however, they did not
impact the bid results.
A summary of the Bid Tabulation is below for your reference.
Contractor Name GSR and Pump Station
Rice Lake Construction Group $7,975,250.00
Municipal Builders, Inc. $8,145,280.50
Magney Construction, Inc. $9,165,358.46
In addition to the base bid there were three alternates for consideration; decorative railroad tracks, mobile
vertical lift,and PVC material substitution for the watermain. The pricing for the alternates from Rice Lake
Construction Group were as follows:
Alternate Bid Price
Railroad Tracks $32,300.00
Mobile Vertical Lift $10,500.00
PVC Watermain Piping Substitution -$60,697.00
Pending Eden Prairie's official's acceptance of the proposed contract prices, Advanced Engineering and
Environmental Services, Inc. (AE2S) recommends that the City award the construction contract for the
Ground Storage Reservoir and Pump Station to Rice Lake Construction Group since they were the lowest
responsive and responsible bidder for$7,957,353.00 which includes the base bid plus all three alternates.
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for
the City. Should you or anyone at the City have any questions or comments regarding this letter, please
feel free to contact me directly at 763-463-5036.
Sincerely,
Ja n Benson, PE
roject Manger
Advanced Engineering and Environmental Services, Inc.
6901 East Ash Lake Road,Suite 184 • Water Tower Business Center • Maple Grove, MN 55369-5457 • (t) 763-463-5036 • (f)763-463-5037
City of Eden Prairie Public Works
Ground Storage Reservoir and Pump Station
IC# 187035
Bid Tabulation April 23, 2019
ALTERNATE 1 ALTERNATE 2 ALTERNATE 3 TOTAL BID
CONTRACTOR BASE BID RAILROAD TRACKS MOBILE LIFT PVC PIPE(DEDUCT) (BASE+ALTERNATES)
Rice Lake Construction $7,975,250.00 $32,300.00 $10,500.00 -$60,697.00 $7,957,353.00
Municipal Builders,Inc. $8,145,280.50 $19,950.00 $11,000.00 -$64,130.00 $8,112,100.50
Magney Construction,Inc. $9,165,358.46 $27,265.00 $14,000.00 -$59,619.00 $9,147,004.46
Engineer's Estimate $8,600,000.00
G:\Public Works\Utilities\Utility General 7004\Capital&Major Projects\Water Storage\GSR&Pump Station Construction\Bid Documents\180430_Bid Tabulation(Overall)
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 7th day of May 2019, by and between City of Eden
Prairie hereinafter referred to as the "CITY", and _Rice Lake Construction, Inc. , hereinafter
referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
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.No. 187035, Construction of Ground Storage Water Reservoir and Pump Station
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_$7,957,383.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
b. Proposal Form
c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
By
Its City Mayor
By
Its City Manager
CONTRACTOR
In Presence Of:
By
Its
Its