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Home My WebLink AboutCity Council - 03/18/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Mar. 18, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter MEETING AGENDA Heritage Rooms I. Development Projects Update Council Chambers II. Open Podium III. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Mar. 18, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Polar Plunge proclamation B. Diving block donation and naming rights agreement C. Adopt resolution accepting Parks and Recreation winter 2025 donations D. Adopt Resolution Supporting Mayor’s Water Challenge V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, March 4, 2025 B. City Council Meeting held Tuesday, March 4, 2025 VII. Consent Calendar A. Clerk’s List CITY COUNCIL MEETING AGENDA March 18, 2025 Page 2 B. Highway 5 Business Center by Endeavor Development, LLC. Second Reading of an Ordinance for Zoning District Change from I-General to Flex Service on 3.98 acres, Resolution for Site Plan on 3.98 acres, approve Development Agreement C. Adopt Resolution accepting Eden Prairie’s Community Development Block Grant (CDBG) Citizen Participation Plan D. Adopt Resolution approving Endeavor Addition final plat E. Adopt Resolution approving Three Oaks Estates final plat F. Award contract for Shady Oak Road improvement project to Valley Paving, Inc. G. Approve construction agreement for Shady Oak Road street lighting facilities with Xcel Energy H. Approve professional services agreement for Shady Oak Road improvement project construction administration services with SRF Consulting Group, Inc. I. Approve professional services agreement for Shady Oak Road improvement project construction materials testing services with WSB LLC J. Approve professional services agreement Anderson Lake Parkway/Preserve Association Flooding feasibility study with Short Elliot Hendrickson, Inc. K. Award contract for 2025 concrete material pricing with Cemstone Products Company L. Award contract for County Road 62 Fence Installation with Huckleberry Fencing, LLC doing business as Superior Fence and Rail M. Award contract for 2025 installation of hot-poured bituminous crack-sealant with A+ Sealcoating LLC N. Award contract for 2025 curb and gutter replacement with Curb Masters, Inc. O. Award contract for 2025 mudjacking with Metro Concrete Raising, Inc. P. Award contract for 2025 pavement markings to Warning Lites Q. Approve contract services agreement for Franlo Park water line installation with Precision Utilities R. Approve purchase of Police Department Remodel Project Builder’s Risk Insurance Coverage from RLI Insurance Company S. Approve Facility Condition Assessment agreement with Kraus-Anderson CITY COUNCIL MEETING AGENDA March 18, 2025 Page 3 T. Award contract for Senior Center Heating, Ventilation, and Air Conditioning to Total Mechanical U. Approve contract for Council Chambers cameras and related equipment replacement with AVI Systems, Inc. V. Adopt Resolution approving application to conduct off-site lawful gambling by the EPAM Rotary Foundation VIII. Public Hearings and Meetings A. 12251 Sunnybrook Road by Cameron Serk. First and second reading of an Ordinance for a Zoning District change from Rural to R1-13.5 on .78 acres B. Adopt Resolution approving use of 2025 CDBG funds as recommended by the Eden Prairie Human Services Review Committee IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment PROCLAMATION City of Eden Prairie Hennepin County, Minnesota Eden Prairie Polar Plunge Day WHEREAS, the Polar Plunge challenges thousands of brave jumpers at numerous locations around the state to get involved in supporting Special Olympics Minnesota’s programming and events for more than 8 thousand athletes statewide; and WHEREAS, the Eden Prairie Polar Plunge is an annual event to raise both money and awareness for Special Olympics Minnesota; and WHEREAS, the 18th annual Eden Prairie Polar Plunge was held at Lake Riley on Saturday, March 8th with 551 participants from ages 12 to 92 raising over $184 thousand; and WHEREAS, Eden Prairie has raised over $2.1 million for Special Olympics Minnesota since the event’s inception; and WHEREAS, the local Western Wing Special Olympics Team had 48 participants and raised over $30 thousand; and WHEREAS, the Polar Plunge showcases the great partnership between the Special Olympics Minnesota and the City of Eden Prairie; and WHEREAS, this event would not have been a success without volunteers from the Eden Prairie Parks and Recreation Department, Police Department, Fire Department, and many other groups. NOW, THEREFORE, BE IT RESOLVED, the Eden Prairie City Council proclaims Saturday, March 8, 2025 as EDEN PRAIRIE POLAR PLUNGE DAY in the City of Eden Prairie, Minnesota and encourages residents to get involved in raising awareness and funds for Special Olympics Minnesota. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey City Council Agenda Cover Memo Date: March 18, 2025 Section: Proclamations and Presentations Item Number: IV.B. Department: Parks and Recreation – Amy Markle ITEM DESCRIPTION Donation for the Aquatics Center Diving Block and Naming Rights Agreement REQUESTED ACTION Adopt resolution accepting a donation from Bearpath Golf & Country Club, Inc. and authorize execution of a Naming Rights Agreement relating to a starting block at the Aquatics Center SUMMARY Bearpath Golf & Country Club, Inc. has donated $4,000 to the City in exchange for naming rights for a starting block adjacent to the lap pool at the Aquatics Center. The starting block will display the name “Bearpath Golf & Country Club Swim & Dive Team.” The attached Naming Agreement is consistent with past agreements the City has executed in the past related to starting blocks and other named elements of the Aquatics Center. ATTACHMENTS Resolution Accepting Donation Naming Rights Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $4,000 from the Bearpath Golf & Country Club, Inc. to be used for the Community Center Aquatic Center is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the Eden Prairie City Council this 18th day of March, 2025. __________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk Naming Agreement Between the City of Eden Prairie and Bearpath Golf & Country Club, Inc. This Naming Agreement (“Agreement”) is made and entered into as of this 18th day of March, 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”) and Bearpath Golf & Country Club, Inc., a Minnesota corporation (“Holder”). Recitals A. Holder has made a donation to City in the amount of Four Thousand Dollars ($4,000.00). B. The parties desire that Holder’s donation to City be recognized by the grant to Holder of the right to associate Holder’s name with a starting block in the Eden Prairie Community Center Aquatics Center as described herein, (the “Named Subject”). NOW THEREFORE, in consideration of the premises and mutual agreement set forth in this Agreement, the parties agree as follows: 1. Grant of Right to Name. City grants to Holder the right to designate and use its following name on and with respect to the Named Subject: Bearpath Country Club Swim & Dive Team. The name shall appear on an approximately 15x24 inch plaque affixed to a starting block adjacent to the lap pool. 2. Term. The rights granted to Holder hereunder shall be for a term of twenty (20) years beginning with the date as of which this Agreement is made. 3. City’s Right to Change Named Subject. a. In the event City desires to remodel, enlarge, decrease, reconfigure or modify in any manner the Aquatics Center or any part thereof, Holder’s rights hereunder are subject to City’s right to select an alternative or substitute Named Subject for the designation and use of Holder’s name (“Substitute Named Subject”), provided, however, City shall use its best efforts to select the Substitute Named Subject. The selection of the Substitute Named Subject shall be made by the City Manager in his absolute discretion and shall be final. 4. Termination of the Term by City. In addition to any rights and remedies available at law, the City may terminate the Term of Holder’s rights hereunder: a. In the event the City Council determines that the Eden Prairie Community Center and/or the Aquatic Center should be razed; b. In the event the City Council determines in its sole judgment that circumstances have changed such that the name chosen by Holder would adversely impact the 2 reputation, image, mission or integrity of the City in the event of a continued association with Holder and the continuation of the Agreement provided for herein. Upon any such termination of the Term of this Agreement, the City shall have no further obligation or liability to Holder and shall not be required to return any portion of the donation already paid. 5. Termination of Term by Holder. The term of Holder’s rights hereunder may be terminated by Holder by giving City notice in writing of its intention to do so, thirty (30) days prior to the date of termination. 6. Ownership of Display upon Termination. Upon termination of the term through the expiration of time or as provided in paragraphs 4 and 5 of this Agreement, the display shall be removed from the Named Subject and returned to the Holder. 7. Exclusive Naming Rights. Holder’s rights to designate and use its name on and with respect to the Named Subject shall be exclusive during the term hereof. 8. Representations and Indemnification. a. Representation. Holder represents and warrants to City that it owns and has the right to use in the manner described herein the name described in paragraph 1 and that the use contemplated by this Agreement does not infringe upon any other person’s name, logo, trade name, trademark or service mark. b. Indemnification. Holder shall defend (or, at the option of City, the City may defend at Holder’s reasonable expense), indemnify and hold City harmless from all claims, demands, suits, actions, proceedings, losses, fines, expenses, costs, and damages of every kind and description including reasonable attorney’s fees and litigation expenses that may be brought or made against or incurred by City arising out of or related to the use of Holder’s name pursuant to this Agreement including but not limited to the infringement of the rights of any other person with respect thereto. 9. Grant of Licenses. Holder hereby grants to City a royalty-free, worldwide license to use its name in connection with (a) the operation of the Eden Prairie Aquatics Center; (b) the provision of services offered in the Aquatics Center; and (c) advertisements for the promotion of the Aquatics Center, the services provided and the events conducted therein. 10. Limitation of Damages. Neither party herein shall be liable to the other for any indirect, consequential, incidental loss of profits or like expectancy damages arising out of this Agreement. 11. Remedies. In the event of breach of this Agreement by Holder, City shall, in addition to any other remedies provided by law, be entitled to the remedy of specific performance, temporary or permanent injunction or other equitable relief as a remedy for any breach or threatened breach of the provisions of this Agreement. 3 12. Miscellaneous. a. Modifications. This Agreement constitutes the entire Agreement between the parties and supersedes any prior oral or written understandings or agreements relative to the subjects of this Agreement. This Agreement may be amended only by written instrument signed on behalf of Holder and City by persons duly authorized to do so. b. Governing Law of Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Minnesota. Any action or proceeding in any way arising out of or related to this Agreement shall be litigated, if at all, in a state or federal court located in Hennepin County, Minnesota. c. Nature of Relationship. It is understood that this is an agreement between independent contractors and that neither party is in any way an agent or employee of the other party. d. 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 Holder shall comply with those requirements as if it were a government entity. All subcontracts entered into by Holder in relation to this Agreement shall contain similar Data Practices Act compliance language. e. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to City by delivering it personally to the City Manager; or if it is directed to Holder, by delivering it personally to its General Manager; 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 as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: Margaret L. Neuville Eden Prairie City Attorney 100 Washington Ave. South, Suite 1550 Minneapolis, MN 55401 If to Holder: Bearpath Golf & Country Club, Inc. City Council Agenda Cover Memo Date: March 18, 2025 Section: Proclamations and Presentations Item Number: IV.C. Department: Parks and Recreation ITEM DESCRIPTION 2025 winter quarter donations to the Parks and Recreation Department REQUESTED ACTION Move to: Adopt a Resolution accepting the following donations: •EP Crime Prevention Fund - $750 – 2024 Harvest to Halloween event •Richard Herr - $1,000 – Senior Center woodshop dust collector •Elim Shores - $500 – Senior Center events •Summit Place - $150 – Senior Center events •BrightStar Care - $500 – Senior Center events •Planet Fitness - $500 – Winter Blast 2025 •Mark Cota - $100 – Senior Center woodshop dust collector •Scott Olson - $200 – Senior Center woodshop dust collector •Moments Hospice - $50 – Senior Center Noon Years Eve •Wall Trends – $200 – 3rd and 4th of July Celebration •Landmark Tours - $500 – Senior Center events •Homewatch Caregivers - $100 – Senior Center events •Hear Today - $150 – Senior Center events •Moments Hospice - $50 – Senior Center bingo •Hopkins VFW - $2,500 – Natural Resources materials SUMMARY These donations will help Eden Prairie’s mission to provide quality special events, programs, and educational activities at little or no cost to residents. ATTACHMENTS Resolution Winter 2025 Quarterly Park and Recreation Donations The Park and Recreation Department has received the following donations in the past quarter: • EP Crime Prevention Fund - $750 – 2024 Harvest to Halloween event • Richard Herr - $1,000 – Senior Center woodshop dust collector • Elim Shores - $500 – Senior Center events • Summit Place - $150 – Senior Center events • BrightStar Care - $500 – Senior Center events • Planet Fitness - $500 – Winter Blast 2025 • Mark Cota - $100 – Senior Center woodshop dust collector • Scott Olson - $200 – Senior Center woodshop dust collector • Moments Hospice - $50 – Senior Center Noon Years Eve • Wall Trends – $200 – 3rd and 4th of July Celebration • Landmark Tours - $500 – Senior Center events • Homewatch Caregivers - $100 – Senior Center events • Hear Today - $150 – Senior Center events • Moments Hospice - $50 – Senior Center bingo • Hopkins VFW - $2,500 – Natural Resources materials These donations, totaling $7,250, allow the City to offer special events, programs, and educational activities at little or no cost to residents. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gifts to the City of $750 from the EP Crime Prevention Fund for 2024 Harvest to Halloween event is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $1,000 from Richard Herr for Senior Center woodshop activities is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $500 from Elim Shores for the 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $150 from Summit Place for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $500 from BrightStar Care for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $500 from Planet Fitness for 2025 Winter Blast is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $100 from Mark Cota for Senior Center woodshop activities is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $200 from Scott Olson for Senior Center woodshop activities is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $50 from Moments Hospice for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $200 from Wall Trends for 2025 Hometown Celebration is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $500 from Landmark Tours for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $100 from Homewatch Caregivers for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $150 from Hear Today for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $50 from Moments Hospice for 2025 Senior Center Bingo is hereby recognized and accepted by the Eden Prairie City Council. The gifts to the City of $2,500 from Hopkins VFW for 2025 Natural Resources maintenance and equipment is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: March 18, 2025 Section: Proclamations and Presentations Item Number: IV.D. Department: Office of the City Manager ITEM DESCRIPTION Resolution supporting the Wyland Mayor’s Challenge for Water Conservation REQUESTED ACTION Move to: Adopt a resolution supporting the Wyland Mayor’s Challenge for Water Conservation SUMMARY The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for Water Conservation from April 1 to April 30, 2025. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-__ RESOLUTION SUPPORTING THE “WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION” WHEREAS, the City of Eden Prairie continues to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the 14th annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and WHEREAS, with the encouragement of their Mayors, residents may register participation in their city's Challenge online by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, for the month of April 2025 the City of Eden Prairie wishes to encourage its residents to take the “Wyland Mayor’s Challenge for Water Conservation” by making a series of online pledges at MyWaterPledge.com to reduce their impact on the environment and to see immediate savings in their water, trash and energy bills. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The City of Eden Prairie agrees with and supports the “Wyland Mayor's Challenge for Water Conservation.” II. The program is to be implemented from April 1–30, 2025, through a series of communication and outreach strategies to encourage Eden Prairie residents to take the conservation “Challenge.” ADOPTED by the Eden Prairie City Council on this 18th day of March, 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ______________________________ David Teigland, City Clerk Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Mar. 4, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter MEETING AGENDA Heritage Rooms I. Mountain Biking Update Markle explained mountain biking is an emerging wellness need to provide connection to the outdoors and the community. The City is exploring constructing a mountain biking trail. Markle summarized the characteristics of a mountain biking trail including an unpaved surface 12 to 30 inches wide, a trail radius of six to eight feet, a grade of ten percent or less, and features for a variety of skill levels. There is opportunity to construct a 4-foot wide inclusive trail with a gentler slope for adaptive bikes. Mountain biking is an affordable non-team sport that attracts eight to 15 year olds, a difficult age group to engage. It is often a sport with no try-outs and no members cut from the team. The Minnesota Cycling Association has 2,700 riders. Peer cities including Edina, Shakopee, Lakeville, and Bloomington have installed mountain bike trails. Markle stated the goals of bringing mountain biking to the City including providing local access to trails, offering an inclusive trail, adding a bike skills park, and increasing resource management and restoration. the trail could be utilized with a fat tire bike or snowshoes in the winter. A mountain bike trail would also focus mountain bike use to specific areas. Individuals are currently biking in parks and conservation areas not designed for mountain bikes, causing erosion and trail CITY COUNCIL MEETING AGENDA March 04, 2025 Page 2 damage. Markle summarized amenities of Cedar Hills Park, the proposed site for the mountain bike trail. The park has 22 parking spots and its accessible via the trail system. There is space for a 3 mile mountain bike trail and a bike skills park. Surrounding metro cities have constructed a bike skills park for riders to try features, practice skills, and spend time with the mountain biking community. A short trail loop for small children to practice is also popular. The City has a permanent lease agreement with Flying Cloud Airport for the proposed site. The airport has indicated they are open to modifying the lease agreement. Additionally, there is a potential to lease additional acreage from the airport for a more advanced trail. Markle explained multiple parties are willing to lend their expertise for this project including the Three Rivers Park District, Bike Alliance MN, Minnesota Off Road Cyclists, and peer cities. Residents have expressed interest in bringing mountain biking to the City. The high school has a mountain bike team. Additionally, there are program partners such as Little Bellas, an organization connecting girls with mountain biking. Markle detailed the project timeline. The City and the airport would formalize an agreement in the summer. A committee of residents and enthusiasts would provide input. Design work would be prepared in the winter. Construction could begin in 2026 and be completed by late summer/early fall. Markle discussed preliminary budget. The City has $20 thousand budgeted for park design this year. In 2026 there is $440 thousand budgeted in the Capital Improvement Plan for park construction. Markle stated there are a few items of consideration prior to beginning construction. One item is completing a natural heritage review in partnership with the Minnesota Department of Natural Resources to identify species native to the area. This park currently has many invasive species which would need to be removed prior to construction, increasing the park’s natural resource value. This project is in alignment with the EP Pedestrian and Bicycle Plan. Narayanan asked how many people would utilize the mountain bike trail. Markle answered she could ask peer cities for usage numbers; anecdotally nearby mountain bike trails are very CITY COUNCIL MEETING AGENDA March 04, 2025 Page 3 popular. Narayanan asked if mountain bikes are electric and if there is a speed limit. Markle confirmed there are electric mountain bikes and there is no speed limit per State statute. The City could set a speed limit. Narayanan asked if the trail is one way. Markle answered typically trails are all one way. Occasionally there is a trail junction, where signage can be posted alerting the user. Narayanan asked if pedestrians can use the trail. Markle stated the only shared use would be in the winter for snowshoers and fat tire bikes. Narayanan asked if children can use the trail. Markle confirmed children would be able to use the trail, any mountain bike features such as rocks or jumps would have a detour trail around the feature. Narayanan asked if the City would be liable in case of injury. Neuville stated Cities have statutory recreational use immunity. Narayanan asked how much yearly maintenance would cost. Markle confirmed the annual maintenance contract with the preferred vendor would be $2 thousand annually. There would be some additional staff time to mitigate safety hazards such as tree branches. Case noted other amenities such as hockey rinks have higher ongoing maintenance costs. Case asked how the City will protect parks and conservation areas not designed for mountain bike use from being damaged. Markle noted the City will continue its approach of education and enforcement. The addition of a mountain bike park would help redirect individuals from biking in improper locations. Toomey asked how large the proposed mountain bike park is compared to peer city parks. Markle noted many cities have less than five miles of trail. If the City could successfully lease additional acreage from the airport it’d be a significant park comparatively. Narayanan asked how the project would be funded. Getschow confirmed most of the funding would come from park dedication fees. The Council noted their approval of the proposed project. II. City-wide Fiber Installation Update Ellis explained two vendors are currently installing residential fiber internet city-wide. Fiber internet will be fully installed in residential areas by 2026. Fiber vendors are in a race to be the first installer. Vendors are using different approaches. Some vendors are installing the backbone fiber only, allowing them to cross the City as quickly as possible to reach Cities that do not yet have fiber. Ellis displayed a map of residential areas in the City, and explained the timeline of CITY COUNCIL MEETING AGENDA March 04, 2025 Page 4 when fiber was or will be installed. Vendors have not targeted providing fiber for commercial or industrial properties, which would likely come. Narayanan asked if two installers can legally install fiber in the same location. Ellis confirmed multiple installers are legally allowed to install duplicate fiber. Main backbone lines will likely cross, but generally neighborhoods would not have two vendors install fiber. Multiple vendors won’t make money once the market is saturated. Toomey asked how far down fiber is installed. Ellis confirmed fiber is installed two to three feet underground. This is the same depth as electric, internet, and gas lines. These utilities are usually located within a 5-foot easement area behind the right of way (ROW) as the ROW is ideally reserved for City-owned water and wastewater infrastructure. Ellis explained the process when vendors install fiber. A community notice is provided to residents two to three weeks before installation summarizing what to expect. Vendors are at each house for one to three days installing fiber and replacing sod. Toomey asked if the City has received complaints from residents. Ellis noted the few complaints are mainly from individuals unaware of the distinction between private property and the ROW/easement area. Vendors in the City have generally done fast, efficient, and restorative work. Case asked if the ROW is 11 feet off the curb, and the easement is five feet further than the ROW. Ellis confirmed that is generally correct. The exact measurement depends on when the neighborhood was platted. Neighborhoods can be platted with easements from five to 15 feet. Narayanan asked if vendors choosing which neighborhoods to provide and not provide fiber to would introduce an equity issue. Ellis noted fiber internet is entirely driven by the free market, they can choose where to install. Anecdotally, once the backbone components are installed, it is inexpensive to install fiber into another neighborhood. Case asked if apartments are included in the residential installation wave. Ellis confirmed apartment buildings are included. Council Chambers III. Open Podium IV. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, March 4, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order Mayor Case called the meeting to order at 7:00 p.m. All Council members were present. II. Pledge of Allegiance III. Open Podium Invitation Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. Proclamations and Presentations V. Approval of Agenda and Other Items of Business MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0. VI. Minutes MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, February 18, 2025, and the City Council meeting held Tuesday, February 18, 2025, as published. Motion carried 5-0. CITY COUNCIL MEETING AGENDA March 04, 2025 Page 2 VII. Consent Calendar A. Clerk’s List B. Code Amendment – Chapter 11 Housekeeping. Second reading of Ordinance No. 04-2025 Chapter 11 Land Use Regulations (Zoning) to correct inconsistencies, adopt Resolution No. 2025-028 approving summary ordinance C. Approve Lotus Villas Development Agreement amendment D. Approve purchase and installation of digital monument sign at Eden Prairie Senior Center E. Approve 2025 Municipal Off Site Storage (MOSS) and Yard Waste Site hauling and disposal contract with Shakopee Mdewakanton Sioux Community (SMSC) Dakota Prairie Composting F. Approve Trunk Highway 5/County State-Aid Highway 4 supplemental information for interchange request project professional services agreement with SRF Consulting Group, Inc. G. Approve pond 05-13-B feasibility study professional services agreement with Stantec, Inc. H. Approve 2025 Material Drop Off Day agreement with Republic Services I. Declare obsolete Knox Key Secure boxes as surplus and authorize disposal MOTION: Nelson moved, seconded by Toomey, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Highway 5 Business Center by Endeavor Development, LLC. First reading of an Ordinance for Zoning District change from I-General to Flex Service on 3.98 acres, adopt Resolution No. 2025-029 for preliminary plat combining several tracts into one lot on 3.98 acres, adopt Resolution No. 2025-030 in support of Park Dedication Fees Getschow explained the applicant is requesting approval to build a 52,032 square foot speculative building on the property located south of Venture Lane, north of Highway 5 and west of Wallace Road. The site is 3.98 acres and was previously highway right-of-way owned by the Minnesota Department of Transportation (MnDOT). In 2024, the property was purchased by the applicant with the intent of developing a office and warehouse space. The Planning Commission held a public hearing on the project at its February 10, 2025 CITY COUNCIL MEETING AGENDA March 04, 2025 Page 3 meeting and recommended approval of the project with vote of 7-0. Case asked why the parcel has remained a remnant for so many years. Getschow noted it has been up for sale on a number of occasions, but they hadn’t been able to find a buyer. Evan Mattson, 5800 American Boulevard West, pointed out in the late 1990s, a few storage facilities were taken down for the intersection. He provided background on Endeavor Development. Mr. Mattson showed an aerial image of the site, site plan, elevations, and exterior finishes. Ultimately, the application is for a re-zone and preliminary plat approval. Nelson asked if the building is solar-capable or solar-ready. Mr. Mattson confirmed the building is solar-capable. Case asked if the developer has considered the various incentives available to the project. Mr. Mattson stated they have looked into incentives through the EDA. No one wished to address the Council. MOTION: Toomey moved, seconded by Narayanan close the public hearing, approve the first reading of an Ordinance for a Zoning District change from I- General to Flex Service on 3.98 acres, adopt Resolution No. 2025-029 for a Preliminary Plat combining several tracts into one lot on 3.98 acres, adopt Resolution No. 2025-030 for Findings of Fact in Support of Park Dedication Fees, direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions, and authorize the issuance of an early Land Alteration Permit for Highway 5 Business Center at the request of the Developer subject to the conditions outlined in the permit. Narayanan asked how many employees will be at the facility. Mr. Mattson stated there may be around 40 employees. There are 60 parking spots. Case pointed out some residents emailed with concerns about noise and the view. The building will likely create a better noise barrier than the existing lot. He asked if the developers were strategic with placing trees. Mr. Mattson explained they spent more time on the site plan because it is visible from all sides. They aimed to create a plan that fits in with its surroundings. Once the trees grow out, there will be more coverage than the existing site offers. Freiberg added that the property is a unique shape. It is unfortunate for so many trees to be removed, but there isn’t another option for the site. Mr. Mattson confirmed they tried to keep as many trees as possible. CITY COUNCIL MEETING AGENDA March 04, 2025 Page 4 VOTE ON THE MOTION: Motion carried 5-0. IX. Payment of Claims MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments A. 2025 Commissions MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory Commission Marc Morhack with a term ending March 31, 2028. Narayanan moved to appoint to the Heritage Preservation Commission Andy Ludowese, Prima Sissini, and Lisa Rude with terms ending March 31, 2028. Nelson moved to appoint to the Human Rights and Diversity Commission Shalanda Berry, Danielle Burton-Haselrig, Brenda Pfahni, Babar Khan, Jody Knight, and Wendi Russo with terms ending March 31, 2028. Freiberg moved to appoint to the Parks and Recreation Commission Pedro Curry, Sana Elassar, Giridhar Kuppili, and Lisa Nichols with terms ending March 31, 2028. Toomey moved to appoint to the Planning Commission Daniel Grote, John Kirk, and Frank Sherwood with terms ending March 31, 2028. Narayanan moved to appoint to the Sustainability Commission Tim Conners, Daniel Hendrickson, and Alexis Junker with terms ending March 31, 2028. Nelson seconded the motions. Motion carried 5-0. Getschow pointed out that nearly 40 people applied for the openings. About nine folks were re-appointments. The Council interviews each applicant. B. 2025 Board of Appeal and Equalization Case noted that the appointments include a Real Estate Broker, a Real Estate Salesperson, and three Certified Residential Resident Appraisers. MOTION: Narayanan moved, seconded by Toomey, to appoint to the Local Board of Appeal and Equalization Lyndon Moquist, Nate Thompson, Steve Tessman, Mark Hoffman, and Danelle Simenson for the period of March 4, 2025, through May 31, 2025, or until the Board of Appeal and Equalization completes its work. Motion carried 5-0. C. 2025 Commission Chairs and Vice Chairs CITY COUNCIL MEETING AGENDA March 04, 2025 Page 5 Getschow explained Chairs and Vice Chairs are appointed annually by the City Council following the appointment of members to City Commissions. MOTION: Nelson moved to appoint Daniel Dorson as Chair and Marc Morhack as Vice Chair of the Flying Cloud Airport Advisory Commission. Freiberg moved to appoint Steven Schumacher as Chair and Paul Thorp as Vice Chair of the Heritage Preservation Commission. Toomey moved to appoint Patrice Erickson as Chair and Pedro Curry as Vice Chair of the Parks, Recreation and Natural Resources Commission. Narayanan moved to appoint Andrew Pieper as Chair and Trisha Duncan as Vice Chair of the Planning Commission. Nelson moved to appoint Aaron Poock as Chair and Cindy Hoffman as Vice Chair of the Sustainability Commission. Freiberg moved to appoint Gregory Leeper as Chair and Babar Khan as Vice Chair of the Human Rights and Diversity Commission. Narayanan seconded the motions. Motion carried 5-0. Case thanked residents for their willingness to serve their community. XIII. Reports A. Reports of Council Members 1. Summary of City Manager Performance Review Case read highlights of Getschow’s performance review and his impact on Eden Prairie. He has shown responsiveness to Council and community concerns and superb communication and management skills. All Councilmembers gave overwhelmingly positive reviews, outlining the City’s strong fiscal management and the positive work environment fostered by Getschow. MOTION: Nelson moved, seconded by Toomey, to approve a 4.3 percent increase in the City Manager’s salary for 2025 and provide an additional $20,000 in health insurance, premiums, and deferred compensation. Motion carried 5-0. Nelson thanked Getschow for his service to Eden Prairie. Narayanan noted Getschow works hard to maintain a balanced budget. He is a great listener, communicator, and leader. He thanked Getschow for his work. Freiberg agreed Getschow is a strong communicator and leader. He thanked Getschow for his work. Toomey added Getschow is an award-winning City Manager. He is CITY COUNCIL MEETING AGENDA March 04, 2025 Page 6 accessible and patient. She thanked Getschow for his work. Case noted his agreement with the comments of other Councilmembers. B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:46 p.m. City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.A. Department: Police/Support Unit ITEM DESCRIPTION Clerk’s License Application List REQUESTED ACTION Approve the licenses listed below SUMMARY Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Date: May 1, 2025 Place: Fat Pants Brewing Co 8335 Crystal View Road Organization: Eden Prairie Lions Club Event: Schooner Days Date: May 30 – June 1, 2025 Place: Round Lake Park 16691 Valley View Road Temporary On-Sale Liquor Organization: City of Eden Prairie Event: Board & Commission Banquet Date: May 22, 2025 Place: St. Andrew Lutheran Church 13600 Technology Drive Organization: Eden Prairie Noon Rotary Event: Rib Fest / Jazz on the Prairie Date: June 8, 2025 Place: Staring Lake Park 14800 Pioneer Trail Organization: City of Eden Prairie Event: Arts in the Park Date: August 16, 2025 Place: Purgatory Creek Park 13001 Technology Drive City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.B. Department: Community Development / Planning Julie Klima / Beth Novak-Krebs ITEM DESCRIPTION The applicant is requesting approval to build a 52,032 square foot speculative building on the property located south of Venture Lane, north of Highway 5 and west of Wallace Road. The site is 3.98 acres and was previously highway right-of-way owned by the Minnesota Department of Transportation (MnDOT). In 2024, the property was purchased by the applicant with the intent of developing a modern and useful office and warehouse space. REQUESTED ACTION Move to: • Approve the 2nd reading of an Ordinance for a Zoning District Change from I-General to Flex Service on 3.98 acres • Adopt a Resolution for a Site Plan Review on 3.98 acres. • Approve the Development Agreement for the Highway 5 Business Center SUMMARY This is the final approval of the Highway 5 Business Center project. The 120-day review deadline expires on April 17, 2025. ATTACHMENTS Ordinance for Zoning District Change Resolution for Site Plan Review Development Agreement HIGHWAY 5 BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-2025 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 I-General Zoning District and be placed in the Flex Service Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the I-General Zoning District and shall be included hereafter in the Flex Service Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision 1, 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 March 18, 2025, entered into between Highway 5 BC, 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 4th day of March 2025, 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 18th day of March, 2025. ATTEST: _____________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2025. EXHIBIT A LEGAL DESCRIPTION To be rezoned from I-General to Flex Service Legal Description Before Final Plat Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: That part of Tract A described below: Tract A. That part of the East Half of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 9; thence on an azimuth of 269 degrees 08 minutes 54 seconds along the south line of said Section 9 for 567.00 feet; thence on an azimuth of 359 degrees 08 minutes 54 seconds for 239.97 feet to the point of beginning of Tract A to be described, said point shown as Right of Way Boundary Corner B15 on Minnesota Department of Transportation Right of Way Plat No. 27-83 as the same is on file and of record in the office of the County Recorder in and for said County; thence continuing northerly on the last described course along the boundary of said plat for 249.54 feet to Right of Way Boundary Corner B10 as shown on said plat; thence on an azimuth of 89 degrees 09 minutes 02 seconds along the boundary of said plat for 447.43 feet to Right of Way Boundary Corner B11 as shown on said plat; thence on an azimuth of 147 degrees 33 minutes 17 seconds along the boundary of said plat for 112.84 feet to Right of Way Boundary Corner B12 as shown on said plat; thence on an azimuth of 204 degrees 22 minutes 56 seconds along the boundary of said plat for 47.78 feet to Right of Way Boundary Corner B13 as shown on said plat; thence on an azimuth of 186 degrees 55 minutes 07 seconds along the boundary of said plat for 111.21 feet to Right of Way Boundary Corner B14 as shown on said plat; thence on an azimuth of 269 degrees 08 minutes 54 seconds along the boundary of said plat for 471.14 feet to Right of Way Boundary Corner B15 and the point of beginning; Tract B. That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at a point on the south line of said Section 9, distant 567 feet westerly of the south quarter corner thereof; thence northerly at right angles to said south section line for 744 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 southwesterly along said right of way line for 1027.4 feet, more or less, to its intersection with the south line of said Section 9; thence easterly along said south section line for 708.5 feet, more or less, to the point of beginning; excepting therefrom that part thereof lying westerly of the following described line: Beginning at a point on the south line of said Section 9, distant 804 feet westerly of the south quarter corner thereof; thence northerly at right angles to said south section line for 495.06 feet, more or less, to the southeasterly right of way line of said Transportation Company and there terminating; Tract C. That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence westerly along the south line of said Southeast Quarter of the Southwest Quarter for 804.0 feet to the point of beginning; thence northerly at right angles to said south section line for 495.06 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 southwesterly along said right of way line for 683.62 feet, more or less, to its intersection with the south line of said Southeast Quarter of the Southwest Quarter; thence easterly along said south line for 471.44 feet, more or less, to the point of beginning; excepting therefrom the right of way of Trunk Highway No. 5; which lies northerly of the Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B14 as shown on said Plat No. 27-83; thence northerly along the boundary of said plat for 30 feet to the point of beginning of Line 1 to be described; thence westerly for 476.12 feet to Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating; together with that part of Tracts B and C herein before described, which lies southerly, easterly and northerly of Line 2 described below: Line 2. Commencing at Right of Way Boundary Corner B11 as shown on said Plat No. 27-83; thence westerly on an azimuth of 269 degrees 34 minutes 54 seconds along the boundary of said plat for 447.43 feet to Right of Way Boundary Corner B10 and the point of beginning of Line 2 to be described; thence southwesterly for 197.38 feet on a non-tangential curve, concave to the southeast, having a radius of 242.49 feet, a delta angle of 46 degrees 38 minutes 15 seconds, and a chord azimuth of 244 degrees 43 minutes 27 seconds; thence on an azimuth of 222 degrees 42 minutes 40 seconds for 153.19 feet; thence on an azimuth of 169 degrees 52 minutes 26 seconds for 130.94 feet; thence on an azimuth of 73 degrees 55 minutes 04 seconds for 266.76 feet to Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating; (Abstract property) Legal Description After Final Plat Lot 1, Block 1, Endeavor Addition, Hennepin County, Minnesota HIGHWAY 5 BUSINESS CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. _-2025 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 north of Highway 5, south of Venture Lane and west of Wallace Road from the I-General Zoning District to the Flex Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR HIGHWAY 5 BUSINESS CENTER BY ENDEAVOR DEVELOPMENT WHEREAS, Endeavor Development, has applied for Site Plan approval for the Highway 5 Business Center to build a 52,032 square feet industrial building north of Highway 5, south of Venture Lane and west of Wallace Road; WHEREAS, zoning approval for the Highway 5 Business Center was granted by an Ordinance approved by the City Council on March 18, 2025; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 10, 2025 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its March 4, 2025 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to Endeavor Development, subject to the Development Agreement between Highway 5 BC, LLC and the City of Eden Prairie, reviewed and approved by the City Council on March 18, 2025. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description Before Final Plat: Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: That part of Tract A described below: Tract A. That part of the East Half of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 9; thence on an azimuth of 269 degrees 08 minutes 54 seconds along the south line of said Section 9 for 567.00 feet; thence on an azimuth of 359 degrees 08 minutes 54 seconds for 239.97 feet to the point of beginning of Tract A to be described, said point shown as Right of Way Boundary Corner B15 on Minnesota Department of Transportation Right of Way Plat No. 27-83 as the same is on file and of record in the office of the County Recorder in and for said County; thence continuing northerly on the last described course along the boundary of said plat for 249.54 feet to Right of Way Boundary Corner B10 as shown on said plat; thence on an azimuth of 89 degrees 09 minutes 02 seconds along the boundary of said plat for 447.43 feet to Right of Way Boundary Corner B11 as shown on said plat; thence on an azimuth of 147 degrees 33 minutes 17 seconds along the boundary of said plat for 112.84 feet to Right of Way Boundary Corner B12 as shown on said plat; thence on an azimuth of 204 degrees 22 minutes 56 seconds along the boundary of said plat for 47.78 feet to Right of Way Boundary Corner B13 as shown on said plat; thence on an azimuth of 186 degrees 55 minutes 07 seconds along the boundary of said plat for 111.21 feet to Right of Way Boundary Corner B14 as shown on said plat; thence on an azimuth of 269 degrees 08 minutes 54 seconds along the boundary of said plat for 471.14 feet to Right of Way Boundary Corner B15 and the point of beginning; Tract B. That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at a point on the south line of said Section 9, distant 567 feet westerly of the south quarter corner thereof; thence northerly at right angles to said south section line for 744 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 southwesterly along said right of way line for 1027.4 feet, more or less, to its intersection with the south line of said Section 9; thence easterly along said south section line for 708.5 feet, more or less, to the point of beginning; excepting therefrom that part thereof lying westerly of the following described line: Beginning at a point on the south line of said Section 9, distant 804 feet westerly of the south quarter corner thereof; thence northerly at right angles to said south section line for 495.06 feet, more or less, to the southeasterly right of way line of said Transportation Company and there terminating; Tract C. That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence westerly along the south line of said Southeast Quarter of the Southwest Quarter for 804.0 feet to the point of beginning; thence northerly at right angles to said south section line for 495.06 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 southwesterly along said right of way line for 683.62 feet, more or less, to its intersection with the south line of said Southeast Quarter of the Southwest Quarter; thence easterly along said south line for 471.44 feet, more or less, to the point of beginning; excepting therefrom the right of way of Trunk Highway No. 5; which lies northerly of the Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B14 as shown on said Plat No. 27-83; thence northerly along the boundary of said plat for 30 feet to the point of beginning of Line 1 to be described; thence westerly for 476.12 feet to Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating; together with that part of Tracts B and C herein before described, which lies southerly, easterly and northerly of Line 2 described below: Line 2. Commencing at Right of Way Boundary Corner B11 as shown on said Plat No. 27-83; thence westerly on an azimuth of 269 degrees 34 minutes 54 seconds along the boundary of said plat for 447.43 feet to Right of Way Boundary Corner B10 and the point of beginning of Line 2 to be described; thence southwesterly for 197.38 feet on a non-tangential curve, concave to the southeast, having a radius of 242.49 feet, a delta angle of 46 degrees 38 minutes 15 seconds, and a chord azimuth of 244 degrees 43 minutes 27 seconds; thence on an azimuth of 222 degrees 42 minutes 40 seconds for 153.19 feet; thence on an azimuth of 169 degrees 52 minutes 26 seconds for 130.94 feet; thence on an azimuth of 73 degrees 55 minutes 04 seconds for 266.76 feet to Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating; (Abstract property) Legal Description After Final Plat Lot 1, Block 1, Endeavor Addition, Hennepin County, Minnesota City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.C. Department: Community Development/Housing & Community Services Julie Klima/Jeanne Karschnia ITEM DESCRIPTION Adopt Eden Prairie’s Community Development Block Grant (CDBG) Citizen Participation Plan REQUESTED ACTION Move to: Approve Resolution adopting the Eden Prairie’s Citizen Participation Plan for the 2025-2029 Eden Prairie CDBG Consolidated Plan. SUMMARY The City of Eden Prairie, an entitlement community under the Community Development Block Grant (CDBG) Program, participates as a member of the Hennepin County Consortium for federal CDBG and HOME funds. The consortium submitted a five-year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) in 2025. Eden Prairie adopted its Citizen Participation Plan in 2025 that addresses the needs of Eden Prairie and its residents for the 2025-2029 five-year Consolidated Plan. ATTACHMENTS Eden Prairie Citizen Participation Plan Resolution 1 Citizen Participation Plan for Consolidated Plan 2025-2029 City of Eden Prairie The Citizen Participation Plan Encouragement of citizen participation. The citizen participation plan must provide for and encourage citizens to participate in the development of the Consolidated Plan, the Annual Action Plan and the Annual Performance Report. This plan is designed to encourage participation by low and moderate income persons and by residents of predominantly low and moderate income neighborhoods. It sets forth the process to be followed for the development and evaluation of programs and activities covered in the five-year Consolidated Plan and Annual Action Plans. Amendments to the 2025-2029 Consolidated Plan or Annual Action Plan The Citizen Participation Plan requires the City of Eden Prairie to identify the criteria it will use for determining what constitutes a substantial amendment to the Consolidated Plan and/or Annual Action Plans. The City shall amend its approved plan whenever it makes one of the following decisions: • An activity included in a consolidated plan or annual action plan is canceled; • An activity not previously included in a consolidated plan or annual action plan is added; • An activity’s budget is increased or decreased by $100,000.00 or more at one time; • The location and/or national objective of an activity changes; or • The allocation priorities within a Consortium member’s jurisdiction change. Notices announcing the requested substantial amendment and the start of a thirty (30) day public comment period will appear in one or more newspapers of general circulation. After the comment period, the requested change goes before the appropriate governing body for approval. Changes that occur that do not meet the above definition are considered administrative in nature and do not go through the substantial amendment process. These changes are made internally and appear as revisions in the CAPER at the end of the program year. CDBG Entitlement Cities: As of January 2025, these are Bloomington, Eden Prairie, and Plymouth. Amendments must be approved by their respective council or a body that has been delegated responsibilities relevant to the CDBG program. CDBG Urban County direct allocation cities: Amendments must be approved by the direct allocation city council and the Hennepin County Board. CDBG Consolidated Pool cities: Amendments will be approved by the County Board. HOME Consortium: Amendments will be approved by the County Board. Hennepin County will be the final arbiter of matters relating to the amendment process for CDBG, HOME and ESG funds (except CDBG funds received directly from HUD by Bloomington, Eden Prairie, and Plymouth). Access to Information Plan records and information, consistent with state and local laws regarding personal privacy and obligations of confidentiality, are available for citizen review at Hennepin County Community Works Department, 701 Fourth Avenue S, Suite 400, Minneapolis, Minnesota 55415. The office may be reached by phone at 612-348-9260 during normal business hours. 2025-2029 Consolidated Plan (ConPlan): The proposed Consolidated Plan and the Annual Action Plan will be made available to the public for comment for at least 30 days and a public hearing will be held before the Eden Prairie City Council before it is approved. Annual Action Plan (AAP) The proposed Annual Action Plan will be made available to the public for comment for at least 30 days and a public hearing will be held before the Eden Prairie City Council before it is approved. These will run concurrent to the ConPlan period, in the first year of a new Five-year plan. Annual Performance Report: The Consolidated Annual Performance and Evaluation Report (CAPER), , will be made available to the public for at least 15 days and a public hearing will be held before the Eden Prairie City Council before it is submitted to HUD. During Public Comment Periods: During public comment periods, one copy of the applicable DRAFT document will be available per requesting agency. Printed copies of the DRAFT documents will also be 1 available at Eden Prairie City Center and Hennepin County regional libraries. All of these sites are accessible for person with mobility impairments. In addition, at a minimum, the executive summary of the DRAFT documents will also be available on the Eden Prairie website, www.edenprairie.org and the Hennepin County website at www.hennepin.us. Access to this website is available to those without computers at any Hennepin County library. Library staff is able to assist those without computer experience. Hennepin County will make reasonable accommodation to provide relevant documents for review in accessible formats upon request. Information will also be made available through translation or interpretation in Spanish, Somali, Hmong, Russian, Laotian, Vietnamese, Cambodian, Oromiffa and Arabic, consistent with federal requirements and the Hennepin County Limited English Proficiency (LEP) Plan. DRAFT Documents include: • Proposed Consolidated Plan • Proposed Annual Action Plan • Consolidated Annual Performance and Evaluation Report (CAPER). Public Hearings Public hearings will be held to hear citizens’ views about housing and community development needs, proposed use of CDBG, HOME and ESG funds, and progress in meeting identified goals and objectives. Hearings will be held in places accessible to persons with disabilities and appropriate accommodations will be made to meet the needs of non-English speaking attendees. The purpose of the public hearings will be to: • Hear views of citizens, public agencies and other interested parties. • Respond to proposals and comments at all stages of the consolidated submission process. • Identify housing and community development needs. • Review proposed use of funds. • Review program performance. A minimum of two hearings for each annual program cycle will be held at different times during the Program Year (PY). The Program Year starts July 1st of each year and ends June 30th of the following year. Hennepin County Board of Commissioners will hold one hearing prior to approval of the Consolidated Plan and/or the Annual Action Plan, and one hearing will be held prior to the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to HUD. Typically, the public hearing on the Annual Action Plan will occur in May preceding the new program year, and the public hearing on the CAPER will occur in September following the end of the program year. The hearings will be held at times and locations convenient to potential and actual beneficiaries of each program covered within the Consolidated Plan. The location will usually be the Hennepin County Board Room at the Hennepin County Government Center. To give adequate notice of public hearings, Hennepin County will publish notices detailing the purpose of the hearings, at least 10 working days in advance of any public hearing. Information about public hearings can also be accessed by calling 612-348-9260 or 612-596-6985 (TTD/TTY) or the county website at www.hennepin.us. In addition to public hearings conducted by the County Board, Eden Prairie will hold one hearing prior to approval of the Consolidated Plan and/or the Annual Action Plan, and one hearing will be held prior to the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to HUD. These public hearings will take place before proposed projects are submitted to Hennepin County for inclusion in the Annual Action Plan. To give adequate notice of public hearings, Eden Prairie will publish a notice detailing the purpose of the hearings in their official newspaper, at least 10 working days in advance of any public hearing. Additional Documentation Information about the proposed projects within the Consolidated Plan and Annual Action Plans will be available to the public upon request. This includes, but is not limited to: • The level of annual funding. • The range of projects that may be undertaken and the objectives to be met. • The amount of assistance that will benefit very low- and low-income persons. • Plans to minimize displacement and explain the assistance available to those displaced. • The annual program development schedule and procedure. • Copies of the regulations and issuances governing the program. • Documents regarding other important program requirements, such as contracting procedures, environmental reviews, fair housing, and other equal opportunity requirements and relocation provisions. • All key documents, including prior applications, grant agreements, the citizen participation process, performance reports, other reports required by HUD and the proposed application for the current year. • Record of hearings. 1 • All mailings and promotional materials. • Documentation of funding awards and the selection process. Comments Hennepin County and Eden Prairie will consider the comments and views received in writing during the comment period or verbally at public hearings. Summaries of all comments and responses will be attached to the final Consolidated Plan, Annual Action Plan or CAPER. Technical Assistance Technical assistance will be provided to any group, representing very low and low-income persons, that wants to develop funding proposals for any of the programs covered by the Consolidated Plan. The level and type of assistance may vary and will be determined by Hennepin County and/or as applicable the specific cooperating community. Representatives from Hennepin County, the U.S. Department of Housing and Urban Development, or other involved public agencies will provide the necessary assistance and expertise. To receive technical assistance, contact Hennepin County, Community Works, Housing Development Manager at 612-543-4342. Complaints Complaints pertaining to the plans and documents identified in the Citizen Participation Plan, written and verbal, will be responded to within 15 working days. When a written complaint is directed toward a specific cooperating community, Hennepin County and the affected community will provide a written response within 15 working days. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION TO ADOPT THE CITY OF EDEN PRAIRIE CITIZEN PARTICIPATION PLAN WHEREAS, the City of Eden Prairie, an entitlement community under the Community Development Block Grant (CDBG) Program, participates as a member of the Hennepin County Consortium for federal CDBG and HOME funds; and WHEREAS, the 2025-2029 Consolidated Plan process is designed to help states and local jurisdictions assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions; and WHEREAS, under 24 CFR Part 91, Subpart B, 91.105, the adoption of a Citizen Participation Plan is a requirement for the Consolidated Plan process for recipients of CDBG funding; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie adopts the City of Eden Prairie’s Citizen Participation Plan as part of the 2025-2029 Consolidated Plan. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March 2025. ___________________________ Ronald A Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.D. Department: Public Works / Engineering – Corey Kurth ITEM DESCRIPTION This proposal is for the plat located south of Venture Lane, north of Highway 5 and west of Wallace Road. The plat consists of 3.98 acres into one lot. REQUESTED ACTION Move to: Adopt the resolution approving the final plat of Endeavor Addition. SUMMARY The preliminary plat was approved by City Council on March 4, 2025. Second reading of the final site plan approval was approved by the City Council on March 18, 2025. Approval of the final plat is subject to the following conditions: • Prior to release of the final plat, Developer must pay the cash payment in lieu of tree replacement as provided by City Code. The cash payment must be based on 506 inches of tree replacement. • Receipt of engineering fee in the amount of $1,200.00. • Provide areas (to the nearest square foot) of all lots. ATTACHMENTS Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING FINAL PLAT OF ENDEAVOR ADDITION WHEREAS, the plat of Endeavor Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Endeavor Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated March 18, 2025. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 18, 2025. _____________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.E. Department: Public Works / Engineering – Corey Kurth ITEM DESCRIPTION This proposal is for the plat located at 9614 Crestwood Terrace. The plat consists of 5.06 acres to be split into five (5) single-family lots and one (1) outlot. REQUESTED ACTION Move to: Adopt the resolution approving the final plat of Three Oaks Estates. SUMMARY The preliminary plat was approved by City Council on September 19, 2023. Second reading of the final site plan approval was approved by the City Council on October 17, 2023. Approval of the final plat is subject to the following conditions: • Prior to release of the final plat, Developer must Tender a warranty deed for proposed Outlot A for review and approval. • Receipt of engineering fee in the amount of $600.00 • Receipt of Street light fee in the amount of $1,245.62 • Provide areas (to the nearest square foot) of all lots. • Prior to release of the final plat, an assessment agreement with the City, must be signed by the owner of the property for trunk sewer and water fees. • Prior to release of the final plat, Developer must furnish to the City Engineer and receive written approval of financial security equal to 125% of the cost of the Public Improvements. • Prior to release of the final plat, a fee of five percent (5%) of construction value must also be paid to the City by Developer for engineering review services. ATTACHMENTS Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ A RESOLUTION APPROVING FINAL PLAT OF THREE OAKS ESTATES WHEREAS, the plat of Three Oaks Estates has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Three Oaks Estates is approved upon compliance with the recommendation of the Final Plat Report on this plat dated March 18, 2025. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 18, 2025. ____________________________ Ronald A. Case, Mayor ATTEST: SEAL ____________________________ David Teigland, City Clerk THREE OAKS ESTATES LAND SURVEYING sisu 5 5 1010 SURVEYOR’S CERTIFICATE I Curtiss Kallio do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on thisplat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 . Curtiss Kallio, Licensed Land Surveyor Minnesota License No. 26909 STATE OF COUNTY OF The foregoing Surveyor’s Certificate was acknowledged before me this day of , 20 , by Curtiss Kallio, Land Surveyor, Minnesota License No. 26909. (Signature) (Print Name) Notary Public, County, Minnesota My Commission Expires R.T. DOC. NO. CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTA This plat of THREE OAKS ESTATES was approved and accepted by the City Council of the City of Eden Prairie, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Eden Prairie, Minnesota By: Mayor By: Clerk COUNTY AUDITOR, Hennepin County, Minnesota I hereby certify that taxes payable in 20 and prior years have been paid for land described on this plat, dated this day of , 20 . Daniel Rogang, County Auditor by Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this day of , 20 . Chris F. Mavis, County Surveyor by EXAMINER OF TITLES, Hennepin County, Minnesota Pursuant to Minn. Stat. Sec. 508.62, I certify that this plat is approved for filing for lands described herein owned by the dedicators and included in Certificate of Title No. upon the prior filing of Certificate of Trust and Affidavit of Trustee marked . Dated this day of 20 . Susan T. Ledray, Examiner of Titles by Deputy Examiner REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of THREE OAKS ESTATES was filed in this office this day of , 20 , at o’clock .m. Martin McCormick, Registrar of Titles by Deputy KNOW ALL PERSONS BY THESE PRESENTS: That Nathan Haasken and Susan Haasken, husband and wife, fee owners of the following described property: Tract E, Registered Land Survey No. 1410, Hennepin County, Minnesota. Torrens Certificate No. 1492773 Have caused the same to be surveyed and platted as THREE OAKS ESTATES and do hereby donate to the public for public use the public way and drainage and utility easements as created herewith. In witness whereof said Nathan Haasken and Susan Haasken, husband and wife, have hereunto set their hands this day of , 20 . Nathan Haasken Susan Haasken STATE OF COUNTY OF This instrument was acknowledged before me this day of , 20 , by Nathan and Susan Haasken. (Signature) (Print Name) Notary Public, County, Minnesota My Commission Expires City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.F. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Approve construction contract agreement with Valley Paving, Inc., for the Shady Oak Road Improvements Project. REQUESTED ACTION Move to: Award Contract for the Shady Oak Road Improvements project in the amount of $1,167,323.05 to Valley Paving, Inc. SUMMARY Five bids were received on Thursday, February 20, 2025. The engineer’s estimate and bids received are summarized below: Valley Paving, Inc. $1,167,323.05 GMH Asphalt Corporation $1,228,577.65 Park Construction Company $1,255,916.40 Bituminous Roadways, Inc. $1,270,136.75 Northwest Total Site $1,314,146.28 Engineer’s Estimate $1,481,946.00 Staff recommends awarding the contract for the project to Valley Paving, Inc., in the amount of $1,167,323.05. The Shady Oak Road Improvements project is identified in the 2025-2034 Capital Improvement Plan and consists of rehabilitation of the road surface using full depth reclamation and adding a new bituminous trail along the west side of the road. Minor utility improvements will also be completed while the existing roadway pavement is removed. Construction is scheduled for the summer of 2025. This improvement will provide a rehabilitated roadway with a new asphalt pavement section, improving the rideability and extending the overall life of the roadway for the project extents. The trail connection will connect an existing gap from Valley View Road to Flying Cloud Drive and provide connection to the Southwest Light Rail Transit Golden Triangle Station. The low bid received from Valley Paving, Inc., was under the engineer’s estimate by approximately 21%. Funding sources include Municipal State Aid funds, the stormwater utility fund, the capital maintenance and reinvestment fund, the economic development fund, and grant funds. ATTACHMENTS Attach 1 – Construction Contract Agreement Attach 2 – SRF Recommendation Letter 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 18th day of March 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Valley Paving, Inc., a Minnesota corporation, hereinafter referred to as the “CONTRACTOR.” WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IC: 24830 Shady Oak Road Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,167,323.05. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity / Affirmative Action Employer SRF No. 17785.00 February 20, 2025 Mr. Adam Gadbois Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Shady Oak Road Improvements Award Recommendation City Project No. 24830, SAP 181-106-005 Dear Mr. Gadbois: Electronic bids were opened for the above-referenced project on February 20, 2025 and accepted via the online electronic bid service through QuestCDN. A total of five (5) bids were received. All bids have been reviewed and are summarized below in order of value and a detailed tabulation attached: CONTRACTOR TOTAL BID 1. Valley Paving, Inc.$1,167,323.05 2. GMH Asphalt Corporation $1,228,577.65 3. Park Construction Company $1,255,916.40 4. Bituminous Roadways, Inc.$1,270,136.75 5. Northwest Total Site $1,314,146.28 Engineer’s Estimate $1,481,946.00 After reviewing the bid documents, we recommend the Contract be awarded to the apparent low bidder, Valley Paving, Inc., in the amount of $1,167,323.05. Please contact us with any questions or concerns regarding this project. Sincerely, SRF CONSULTING GROUP, INC. Zach Heimer, PE (MN) Project Manager - Civil Attachment: Bid Tabulation H:\Projects\17000\17785\TechData\Construction\02_BidData\17785_Shady Oak Road Improvements_RecommendationLetter.docx City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.G. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Approve agreement with Xcel Energy for installation of 10 new 30-foot fiberglass LED streetlights along Shady Oak Road in conjunction with the new multi-use trail to be constructed with the Shady Oak Road Improvements Project. REQUESTED ACTION Move to: Approve Construction Agreement with Xcel Energy for Street Lighting Facilities on Shady Oak Road. SUMMARY A new multi-use trail is being constructed along the west side of Shady Oak Road from Valley View Road to Flying Cloud Drive, which connects two existing trail systems and provides a connection to the Southwest Light Rail Golden Triangle Station. This project is identified in the 2025-2034 CIP and the scope also includes additional lighting along the new multi-use trail. Currently, Xcel Energy owns and operates streetlights along this corridor, but they are over 400 feet apart from each other, while the desired distance is approximately 200 feet. Therefore, 10 new 30-foot fiberglass LED streetlights are proposed to fill in the existing lighting gaps. The work is anticipated to be completed in the fall of 2025. The agreement with Xcel Energy will cost $44,267.00 for initial installation, and then the current rate of $23.91 per luminaire per month. This is the standard cost of Xcel Energy rate code A30 and includes ongoing electricity and maintenance of the streetlights. The installation cost will be funded by the Transportation fund, while the ongoing monthly costs will be funded by the Street Light fund. ATTACHMENTS Attach 1 – Construction Agreement for Street Lighting Facilities Attach 2 – Proposed Streetlights Map Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 1 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Construction Agreement For Street Lighting Facilities The customer identified below ("Customer") and Northern States Power Company, a Minnesota Corporation and wholly owned subsidiary of Xcel Energy Inc. ("Xcel Energy" or "Company") agree to this Construction Agreement for Street Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities: Customer: City of Eden Prairie Address: 8080 Mitchell Rd City: Eden Prairie State: MN Zip Code: 55344 Project charges of: Forty-four thousand two hundred sixty-seven dollars and 00/100 Dollars: $44267.00 In accordance with the following terms of payment: Payment due 30 days after construction is complete. For Association or City of: City of Eden Prairie Streetlights/Facilities Location: Shady Oak Rd Rate Code: A30 standard service (4,000 Lumens, Labeled “b”). Current monthly rate is $23.91 per luminaire. Service consisting of: Standard Service rate includes ongoing electricity and maintenance. Installation of Company Owned streetlight facilities consisting of: Designation of Lamps: Install 10-30’ fiberglass poles, cobra fixtures. Install cable and conduit by plow & bore, approx. 3223’ #6 UG Duplex Secondary Cable and 1½ conduit. Pole location to be staked by the customer prior to installation. Restoration is included in this contract. Number of Luminaries: 10- 30’ Direct Buried Fiberglass Pole Pole Color – Dark Bronze 10- 4,000 Lumens Cobra Fixture Fixture Color – Gray Project charges valid for 60 days from signing of contract. Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities identified above. Customer and Xcel Energy agree that the operation of the facilities shall be subject to the General Street Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy, dated. Dated this _________ day of _______ 20 ________ Dated this _________ day of _______ 20 _______ Customer: City of Eden Prairie Xcel Energy By: By: Title: Title: Christie A. Black, Operations Manager – Minnesota as authorized agent for Northern States Power Co XCEL ENERGY USE ONLY Date: 2/14/25 Div: Edina Xcel Energy Outdoor Project Coordinator: Damon Erickson Xcel Energy Project Number: SAP Notification # 14997406 Customer Charges Paid: TERMS AND CONDITIONS Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 2 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Customer and Company agree to the following terms and conditions: 1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company’s proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this Agreement in Customer’s acceptance, are hereby objected to and rejected, and (i) such additional or different terms shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be performed by Company as described in Company’s proposal ("the Work” means the supplying of any labor, materials, or any other work of Company expressly described in Company’s proposal); (ii) such additional or different terms shall be deemed a material alteration hereof; and (iii) Company’s proposal shall be deemed accepted by Customer and incorporated into this Agreement without said additional or different terms. 2. Request for Installation; Rights. Customer requests that Company install outdoor lighting at the location(s) designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege, and easement to install, operate and maintain its facilities, including underground facilities, on the property. 3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company’s service installation shall be accessible to Company’s equipment; (2) Customer will remove all obstructions from the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain-fields, sprinkler systems, water wells, owner-installed electric or pipeline facilities, or other Customer-owned facilities in the installation route; and (4) the ground elevation along the route shall not be above or more than four inches below the final grade. Company will contact the appropriate agency to locate 3rd party utility facilities (phone, cable, etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer-owned underground facilities not marked at the time of outdoor lighting service installation. 4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project Charges on page one. Customer is responsible for any additional installation costs incurred by Company because of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., (2) extensive existing underground facilities, and (3) any existing conditions that exist but did not exist at the time the installation cost was determined, such as new sidewalks, curbing, black top, paving, sod or other landscaping and obstructions along the cable route. 5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15, inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of frost exist, snow removal or plowing is required to install service, or burners must be set at the underground facilities in order to install service for the entire length of the underground service. Winter construction will not be undertaken by the Company where prohibited by law or where it is not practical to install underground facilities during the winter season. The charges apply to frost depths of eighteen” or less. At greater frost depths, the Company may individually determine the job cost. The Company also reserves the right to charge for any unusual winter construction expenses. All winter construction charges are non-refundable and are in addition to any normal construction charges. 6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of all necessary information and approvals from Customer and access as required by Company and its contractors or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company’s performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer, the time for performance will be extended by the period of time required by Company to return to the state of performance that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel or renegotiate the Agreement. Customer will pay an equitable adjustment based on a claim submitted by Company for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension. Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 3 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or performance schedule will be agreed upon in writing before either party will be obligated to proceed with such changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule. 8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping, or any other condition which makes maintenance of the Company’s facilities impractical. Company shall notify Customer of such relocations prior to incurring relocation costs. 9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could affect the Work. In the event Company encounters the existence of asbestos, asbestos containing materials, formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the discovery thereof shall constitute a cause beyond Company’s reasonable control and Company shall have the right to cease or not commence the Work until the area has been made safe by Customer or Customer’s representative, at Customer’s expense. 10. Restoration. Company will restore any excavation of the boulevard on Customer’s property with existing soil, so it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod, or watering of the boulevard at Customer’s expense unless otherwise noted on page one of this Agreement. 11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any and all extras and change orders and any and all other additional work mutually agreed by Customer and Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by Customer or its subcontractors. 12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the street lighting facilities under the Terms and Conditions as described in Customer’s General Street Lighting Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion date of the street light installation. 13. Payments. Unless otherwise specified in Company’s proposal, Company may at its option invoice Customer upon completion of the Work or invoice Customer on a monthly basis for construction work performed under this Agreement. Customer shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice. 14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials, supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by Company as a result of such termination. To the extent that Company uses the materials, supplies, or equipment on other projects or for maintenance purposes, Customer will not be charged for them. 15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable codes, standards, regulations, and laws. Company shall repair, replace, or correct to Customer’s satisfaction all faulty or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE). 16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 4 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 Company ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages), whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all claims for damages in excess of such amount being hereby forever waived and released by Customer; provided, however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer on account of Company’s gross negligence or willful misconduct. 17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay, provided that if such delay continues for 60 days the party not experiencing the force majeure may terminate this Agreement. 18. Document Approval. Company may request that Customer review documents developed by Company for conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing within fifteen (15) days after Company’s submission, Company may consider the documents approved and proceed with work. Changes, thereafter, made at the direction of Customer, will entitle Company to adjustment by change order. 19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete information in order to permit Company to successfully undertake and complete the Work. Company shall not be prohibited from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order. 20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes, models, and memoranda, if any, assembled or prepared by Company or Company’s affiliates, independent professional associates, agents, consultants, contractors, or subcontractors pursuant to this Agreement are instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein, whether or not the Work is completed. Customer may make and retain copies for information and reference in connection with the Work; provided, however, that it is understood and agreed that such documents are not intended to be re-used by Customer or others on extensions of the project or on any other project or any other purpose other than as expressly set forth in this Agreement, and Customer shall not re-use or disclose to any third party all or any portion of such work product without the express prior written consent of Company. 21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety, or satisfactory performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Company and its officers, directors, agents, employees, and representatives from and against any and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever, out of the failure, non-operation or faulty performance of Customer's facilities (except to the extent of Company’s gross negligence or willful misconduct). 22. Subcontracting. Company may subcontract any portion or all of the Work without the approval of Customer. 23. Independent Contractor. Nothing contained in this Agreement, nor any acts of the parties shall be construed to create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association between or among the parties to this Agreement, except that of owner and independent contractor. 24. Title; Rights of Access. Customer warrants that it has fee simple title to the property. Customer hereby grants to Company the right to enter and improve the real property for the purposes stated herein. 25. Ownership. Customer shall acquire no right, title, or interest in any portion of the Work or Company’s equipment, or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and installed by Company on the real property of Customer shall be and mean the private property of Company, shall not be considered a fixture of the property, shall not attach to the realty, and shall not be Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc. Page 5 of 5 Outdoor Lighting 825 Rice Street St. Paul, MN 55117 alienable or lienable by Customer or any other party. Further, Company may remove, repair, and replace the Work and its component system and equipment at any time without notice in Company’s sole and absolute discretion. 26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or Company’s right, respectively, to thereafter enforce each and every provision hereof. This Agreement contains, with respect to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision of this Agreement is determined by a court to be unenforceable, then such provision will be deemed null and void, but the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and interpreted in accordance with the internal laws of the State of Minnesota (as opposed to conflicts of laws provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No course of prior dealing, usage of trade and course of performance shall be used to modify, supplement, or explain any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may assign its rights or obligations to any of its affiliates without the written consent of Customer. 27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be construed under and governed by the laws of the State of Minnesota. 169 DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie. Scale:1:4,000 ² Shady Oak Rd Improvement Project - StreetlightsShady Oak Rd Improvement Project - Streetlights 0 330 ft Streetlights Ownership Eden Prairie Other City Xcel Energy Parcels City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.H. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Approve agreement with SRF Consulting Group, Inc. to provide construction administration services for the Shady Oak Road Improvements Project. REQUESTED ACTION Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration Services for the Shady Oak Road Improvements Project. SUMMARY The Shady Oak Road Improvements project is identified in the 2025-2034 Capital Improvement Plan and consists of rehabilitation of the road surface using full depth reclamation and adding a new bituminous trail along the west side of the road. Minor utility improvements will also be completed while the existing roadway pavement is removed. Construction is scheduled for the summer of 2025. This improvement will provide a rehabilitated roadway with a new asphalt pavement section, improving the rideability and extending the overall life of the roadway for the project extents. The trail connection will connect an existing gap from Valley View Road to Flying Cloud Drive and provide connection to the Southwest Light Rail Transit Golden Triangle Station. The Professional Services Agreement with SRF includes construction administration, inspection, surveying, materials compliance, and as-built plans and has a not-to-exceed cost of $148,276. Funding sources include Municipal State Aid funds, the stormwater utility fund, the capital maintenance and reinvestment fund, the economic development fund, and grant funds. ATTACHMENT Attach 1 – Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 18th day of March, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416.. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Shady Oak Road Improvements hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Letter Dated February 25, 2025) 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 March 18, 2025, through May 31, 2026, 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 $148,276.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for SRF Construction Administration for the Shady Oak Road Improvements Page 2 of 10 (rev. 6/2024) performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on SRF Construction Administration for the Shady Oak Road Improvements Page 3 of 10 (rev. 6/2024) Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. SRF Construction Administration for the Shady Oak Road Improvements Page 4 of 10 (rev. 6/2024) For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate SRF Construction Administration for the Shady Oak Road Improvements Page 5 of 10 (rev. 6/2024) $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. The professional liability policy must provide an endorsement for pollution liability. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity SRF Construction Administration for the Shady Oak Road Improvements Page 6 of 10 (rev. 6/2024) obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of SRF Construction Administration for the Shady Oak Road Improvements Page 7 of 10 (rev. 6/2024) Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its contractors, employees, or others for whom Consultant is legally liable, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its, contractors, employees, or others for whom Consultant is legally liable, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages to the extent caused by the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted SRF Construction Administration for the Shady Oak Road Improvements Page 8 of 10 (rev. 6/2024) for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this SRF Construction Administration for the Shady Oak Road Improvements Page 9 of 10 (rev. 6/2024) Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the SRF Construction Administration for the Shady Oak Road Improvements Page 10 of 10 (rev. 6/2024) Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Paul Martens CFO www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer SRF 18801.PP February 25, 2025 Mr. Adam Gadbois, PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Proposal for Professional In-Construction Services Shady Oak Road Improvements, SAP 181-106-005, CP 24830 Dear Mr. Gadbois: SRF Consulting Group, Inc. (SRF) has been assisting the City by preparing the final design of the Shady Oak Road Improvements project. The project has been bid, and we are prepared to support the City with professional services during the construction of this project. Scope of Services Our scope of work will include construction contract administration, construction inspection, construction staking, materials compliance, and as-built plans. Field sampling and testing will be coordinated by the City and performed by others. The information and assumptions used to inform this proposal are based on the current Plans and Specifications available at the time of this proposal, which are at the 100% complete stage. Assumptions We have developed our scope of services based on the following assumed project schedule: • The project was bid on February 20, 2025. • Anticipate a construction start date between May 1, 2025, and June 30, 2025, with work substantially completed by August 31, 2025. The contractor will be allowed 61 calendar days of work. • For the purpose of this proposal, we anticipate peak construction activity duration of 9 weeks, with approximately one additional week for punch list and final cleanup. EXHIBIT A Mr. Adam Gadbois, PE February 25, 2025 City of Eden Prairie Page 2 Keeping the project on schedule may be the most significant factor impacting our proposed construction services budget. However, as with any construction project, other factors beyond our control (such as weather or contractor efficiency and progress) can influence the time required to be spent on construction services. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices for work performed during the previous month are submitted on a monthly basis. Payment is due within 35 days. Business miles include only miles traveled in excess of an employee’s normal commute to and from the office and actual mileage on a construction site, including visits to off-site facilities, such as material suppliers. We have estimated the cost of providing professional in-construction services for this project. Each major task is subtotaled below. We have made every attempt to include a sufficient estimate of hours based on our experience with similar projects while providing the City of Eden Prairie with a reasonable value. The fee shown below has been estimated based on our proposed work plan, our project experience to date, and our current understanding of the project schedule. The fee has been computed using our established rates for the City of Eden Prairie. TASK FEE 1. Contract Administration $31,992.00 2. Construction Inspection $68,820.00 3. Material Sampling and Testing Coordination (included with Task 2) $0 4. Construction Surveying $40,180.00 5. As-builts $3,184.00 6. Expenses $4,100.00 7. TOTAL $148,276.00 Mr. Adam Gadbois, PE February 25, 2025 City of Eden Prairie Page 3 Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. However, before any out-of-scope work is initiated, we will submit a budget request for the new work and will not begin work until we receive your authorization. Acceptance/Notice to Proceed A signed Professional Services Agreement with a copy of this proposal, mailed or emailed to our office, will serve as our notice to proceed. The email address is jkurth@srfconsulting.com. We appreciate your consideration of this proposal and look forward to working with you on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Jeff Kurth, PE (MN, MD, DC, VA), DBIA Project Director – Construction Services JPK/ajs This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\Marketing\Proposals\2025 Letter Proposals\18801.PP Shady Oak Road - CA\20250225_18801.PP_Shady Oak-CA.docx City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.I. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Approve agreement with WSB LLC to provide construction materials testing services for the Shady Oak Road Improvements Project. REQUESTED ACTION Move to: Approve Professional Services Agreement with WSB LLC for Construction Materials Testing Services for the Shady Oak Road Improvements Project. SUMMARY The Shady Oak Road Improvements project is identified in the 2025-2034 Capital Improvement Plan and consists of rehabilitation of the road surface using full depth reclamation and adding a new bituminous trail along the west side of the road. Minor utility improvements will also be completed while the existing roadway pavement is removed. Construction is scheduled for the summer of 2025. This improvement will provide a rehabilitated roadway with a new asphalt pavement section, improving the rideability and extending the overall life of the roadway for the project extents. The trail connection will connect an existing gap from Valley View Road to Flying Cloud Drive and provide connection to the Southwest Light Rail Transit Golden Triangle Station. The Professional Services Agreement with WSB includes construction materials testing to ensure compliance with the contract documents, and has a not-to-exceed cost of $26,062.50. ATTACHMENT Attach 1 – Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 18th day of March, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB LLC (“Consultant”), a Minnesota limited liability company (hereinafter “Consultant”) whose business address is 540 Gateway Blvd, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Construction Materials Testing for the Shady Oak Road Improvements (I.C. 24830) 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 (WSB Letter Dated March 4, 2025) 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 March 18, 2025, through December 31, 2025, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $26,062.50 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for WSB Construction Materials Testing for the Shady Oak Road Improvements Page 2 of 10 (rev. 6/2024) performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on WSB Construction Materials Testing for the Shady Oak Road Improvements Page 3 of 10 (rev. 6/2024) Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. WSB Construction Materials Testing for the Shady Oak Road Improvements Page 4 of 10 (rev. 6/2024) For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate WSB Construction Materials Testing for the Shady Oak Road Improvements Page 5 of 10 (rev. 6/2024) $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. The professional liability policy must provide an endorsement for pollution liability. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity WSB Construction Materials Testing for the Shady Oak Road Improvements Page 6 of 10 (rev. 6/2024) obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of WSB Construction Materials Testing for the Shady Oak Road Improvements Page 7 of 10 (rev. 6/2024) Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its contractors, employees, or others for whom Consultant is legally liable, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its, contractors, employees, or others for whom Consultant is legally liable, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages to the extent caused by the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted WSB Construction Materials Testing for the Shady Oak Road Improvements Page 8 of 10 (rev. 6/2024) for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this WSB Construction Materials Testing for the Shady Oak Road Improvements Page 9 of 10 (rev. 6/2024) Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the WSB Construction Materials Testing for the Shady Oak Road Improvements Page 10 of 10 (rev. 6/2024) Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM March 4, 2025 Adam Gadbois, PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Construction Materials Testing Shady Oak Road, SAP 181-106-005, Eden Prairie, MN Dear Mr. Gadbois, WSB is pleased to present this proposal to provide professional services for construction materials testing for the Shady Oak Road project. The following includes our understanding of the project, an outline of the scope of work, and a fee estimate for our services. PROJECT INFORMATION It is our understanding that this project will consist of full depth reclamation, pavement placement, and concrete improvements. The 181-106-005 Final Proposal Packet was received and reviewed to aid in the development of our proposed cost estimate. We are excited about collaborating with the City of Eden Prairie on this state aid street improvements project. We will ensure that all testing is conducted by certified technicians in accordance with the project and state aid requirements. Following the successful completion of the Homeward Hills Street Improvements project in 2024, we eagerly anticipate continuing our testing relationship with the City for this project. This partnership reflects our dedication to enhancing community infrastructure and delivering reliable results that meet the high standards set forth by the City. Enclosed is the Cost Estimate totaling $26,062.50 for the various phases of the work being proposed. If there are additional services necessary for this project that are not included in the Cost Estimate, we would be happy to discuss how WSB can assist. ACCEPTANCE The proposed scope and fee represent our complete understanding of the work based on discussions and the request for proposal. Upon acceptance of this proposal, we will move forward with contract documentation. We look forward to continuing our partnership with the City of Eden Prairie to deliver the materials testing on the Shady Oak Road project. Please contact us with any questions. Sincerely, Sam Lundquist Emily DeSchepper Area Operations Manager - Materials Project Coordinator - Materials 612.214.5949 612.289.3048 slundquist@wsbeng.com edeschepper@wsbeng.com WSB Unit Test Type/Material Minimum Required Testing Rate Quantity of Material Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 3025 Aggregate Base CL 5: 1240 CY 2 2 $165.00 $330.00 $330.00 3025 Reclamation FDR Test at Engineer’s discretion. Inspect for oversize chunks (+3”), after the motor grader has overturned the material FDR: 15,190 SY 1 2 $165.00 $165.00 $330.00 WSB Unit Test Type/Material Minimum Required Testing Rate Major Soil Types Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 3260 Proctor Test 1 / Major soil type. Additionally, one for each granular material, if using specified density.EmbankmentTrench Backfill 3 4 $250.00 $750.00 $1,000.00 WSB Unit Test Type/Material Minimum Required Testing Rate Quantity of Material Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 3500 Aggregate Base 1 DCP tests per 500 CY (CV) or 1 per 1000 Tons.If test rolled, 1 test / 1,500 CY (CV) or 3000 TonsTrails: 1 / 500 LF Cl 5: 1240 CYLength: 3662 LF 8 10 $55.00 $440.00 $550.00 3500 Reclamation FDR & SFDR 1 DCP test per 3,000 SY.If test rolled, 1 test / 10,000 SY.FDR: 15,190 SY 6 8 $55.00 $330.00 $440.00 3510 Roadway Embankment: 1 test per 4,000 CY (CV).If test rolled, 1 test per 10,000 CY (CV), Common: 407 CY 1 2 $40.00 $40.00 $80.00 3510 Structures and Longitudinal Trenches (Sidewalk/Trails/Watermain/Storm Sewer/Sanitary Sewer/Retaining Walls): 1 test per 500 feet of each structure length per every 2 feet of fill. Watermain: 60 LF5 Hydrants5 Gate Valves 10 13 $40.00 $400.00 $520.00 WSB Unit Test Type/Material Minimum Required Testing Rate Quantity of Material Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 3250 Aggregate Base 1 / 1,000 CY up to 10 maximum.For Quality Compaction: Test as directed by Engineer.Cl 5: 1240 CY 2 2 $20.00 $40.00 $40.00 3250 Full Depth Reclamation (FDR)1 / 20,000 SY FDR: 15,190 SY 1 1 $20.00 $20.00 $20.00 3250 All Embankment Materials 1 / 10,000 CY up to 10 maximum.For Quality Compaction: Test as directed by Engineer.Common: 407 CY 1 1 $20.00 $20.00 $20.00 WSB Unit Test Type/Material Minimum Required Testing Rate Number of Sources Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 4030 Aggregate BaseRecycled/Salvaged/ReclaimedBitumen content At the discretion of the Engineer.Imported and Reclaimed 0 1 $190.00 $0.00 $190.00 Total Minimum Cost for Section Total Probable Cost for Section Proctor Test Moisture Content Test $750.00 Shady Oak Road Random Sampling:> 250 CY (CV) or 500 Tons and < 2000 CY (CV) or 4000 Tons. Material is a minimum of one lot. Test two random samples from each lot and average. Gradation Testing Total Minimum Cost for Section Total Probable Cost for Section City of Eden Prairie SAP 181-106-005 / SRF 17785 / CP 24830 Construction Materials Testing Estimate of Costs (2024 SALT) Total Probable Cost for Section Total Minimum Cost for Section $1,000.00 Total Probable Cost for Section $1,590.00 $1,210.00 $80.00 $80.00 Compaction Testing - Nuclear Density Gauge and Dynamic Cone Penetrometer $495.00 $660.00 Total Minimum Cost for Section $190.00 Total Probable Cost for Section Total Minimum Cost for Section $0.00 Aggregate Quality Non-Granular Materials WSB Unit Test Type/Material Minimum Required Testing Rate Quantity of Material Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 2040 Concrete Testing 1 / 100 CY / mix type / day(1 set of 4 cylinders)*Field Cure Cylinders = Additional. Casted Upon Request* 6" Walk: 35 CYCurb Ramp Walk: 4 CYB424: 2 CYB618: 161 CYB624: 5 CY7" Driveway: 364 CY 10 15 $160.00 $1,600.00 $2,400.00 WSB Unit Test Type/Material Minimum Required Testing Rate Quantity of Material Minimum Tests Probable Tests Cost Per Test Minimum Cost Probable Cost 4090 Verification Testing - MnDOT Gyratory Mix Properties 1 / mix type / day 4 7 $650.00 $2,600.00 $4,550.00 4080 Compaction / Density Testing Per Project Special Provisions 12 14 $65.00 $780.00 $910.00 WSB Unit Project Charges Rate ($)Quantity CMT02 Field Technician Time 110 52 2130 Trip Charge 60 47 $7,515.00 $11,380.00 CMT01 Sample Pick-Up Time 95 31.5 CMT90 Project Administration 95 2 CMT70 Project Assistant 175 12 CMT80 Project Engineer 215 4 Total Estimated Minimum Cost $22,197.50 Total Estimated Probable Cost $26,062.50 $2,100.00 Concrete Testing Total Minimum Cost for Section Total Probable Cost for Section $2,400.00 Total Probable Cost for Section $5,460.00 Field and Overhead Subtotal $14,682.50 Testing Subtotal (minimum-probable)$7,515.00 - $11,380.00 $2,820.00 $5,720.00 $1,600.00 $2,992.50 $190.00 Subtotal Bituminous Testing Total Minimum Cost for Section $3,380.00 9.5W(3,C): 1950 T12.5NW(3,C): 3680 T2.5" Walk: 391 T Small Quantity: 9.5W(2,C): 50 T $860.00 City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.J. Department: Public Works/Engineering – Patrick Sejkora ITEM DESCRIPTION Approve Professional Services Agreement with Short Elliot Hendrickson (SEH), Inc. for the Feasibility Study of Anderson Lakes Parkway/Preserve Association Flooding (IC 23825). REQUESTED ACTION Move to: Approve Professional Services Agreement with Short Elliot Hendrickson, Inc. in the amount of $44,300.00 for the Feasibility Study of Anderson Lakes Parkway/Preserve Association Flooding (IC 23825). SUMMARY During several intense rain storms over the past few years, Anderson Lakes Parkway has experienced temporary flooding near Center Way. The City’s storm sewer system that drains the street has also surcharged near the Preserve Association’s tennis court. The evidence from storms and preliminary hydraulic analyses suggest that the City’s storm sewer system that drains Anderson Lakes Parkway and the surrounding area may be undersized for the amount of runoff it receives. This study will further investigate the causes of the flooding and examine if improvements including additional stormwater storage, rerouting storm sewer or increasing pipe capacity may remedy the flooding and provide resiliency for future storm events. ATTACHMENT Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 18th day of March, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Short Elliot Hendrickson, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is 3535 Vadnais Center Dr, St Paul, MN 55110. 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 IC 23825 Feasibility Study of Anderson Lakes Parkway/Preserve Association Flooding hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal dated February 27, 2025) 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 March 18, 2025 through December 31, 2025 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $44,300.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental Page 2 of 10 (rev. 6/2024) actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 10 (rev. 6/2024) b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consistent with this standard of care, Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on Page 4 of 10 (rev. 6/2024) the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate Page 5 of 10 (rev. 6/2024) $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000 per claim and annual aggregate. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 6 of 10 (rev. 6/2024) k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless Page 7 of 10 (rev. 6/2024) of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance Page 8 of 10 (rev. 6/2024) with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be provided to the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement, neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any Page 9 of 10 (rev. 6/2024) previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. Page 10 of 10 (rev. 6/2024) a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT By: Its: Brad T Woznak Principal Page 11 of 10 (rev. 6/2024) EXHIBIT A Quote/Proposal/Scope of Services City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.K. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Concrete Material Pricing for delivering concrete mix for street maintenance and other city maintenance operations. Quotes were received from the following companies: • Cemstone Products Company - $109,150.00 • Holcim – No Bid • River’s Edge – No Bid REQUESTED ACTION Move to: Award the contract for 2025 Concrete Material Pricing with Cemstone Products Company in the amount of $109,150.00. We only received one bid this year, but pricing is comparable to last year. Cemstone Products Company delivered cement for us last year and had excellent performance. SUMMARY Concrete is delivered to street maintenance and other city maintenance crews for concrete repair work. Most of this repair work is related to our mill and overlay program in preparation for pavement rehab work. Other work can be for repairing sidewalks, pouring bench pads, fixing traffic intersections, and plaza maintenance. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.L. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 County Road 62 Fence Replacement for installing approximately 1280 linear feet of privacy fence. Quotes were received from the following companies: • Huckleberry Fencing, LLC DBA Superior Fence & Rail of St. Paul - $101,199.00 • Sterling Fence - $102,942.00 • Town & County Fence - $121,600.00 REQUESTED ACTION Move to: Award the contract for County Road 62 Fence Installation with Huckleberry Fencing, LLC DBA Superior Fence and Rail in the amount of $101,199.00. SUMMARY When County Road 62 was reconstructed, an agreement was made between Hennepin County and The City of Eden Prairie regarding maintenance of sound fences and retaining walls. Through this agreement it was determined that the city would be responsible for repair and replacement of the 6-foot-tall double-sided fence that acts as a sound barrier between residential neighborhoods and County Road 62. The fencing along the south side of the roadway has become old, rotted, and is starting to lean or fall over; therefore, the Public Works Division has developed a 4-year plan to start replacing large sections of fencing using dollars approved through the Capital Improvement Plan. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.M. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Installation of Hot-Poured Bituminous Crack-Sealant for cracksealing roads related to our pavement rehab operations. Quotes were received from the following companies: • A+ Sealcoating LLC - $59,840.00 • Fahrner Asphalt Sealers LLC - $70,124.00 • Allied Blacktop Company - $97,178.00 • Minnesota Roadways Co - $139,450.00 • Bituminous Roadways – No Bid REQUESTED ACTION Move to: Award the contract for 2025 Installation of Hot-Poured Bituminous Crack-Sealant with A+ Sealcoating LLC in the amount of $59,840.00 SUMMARY Bituminous crack sealing is an annual street maintenance project. Crack sealing for bituminous trails has also been included in the project. The street quantities include some of the recent overlay areas. Bituminous crack sealing of roads is funded by Pavement Management account 5093.6256. The trail and parking lots crack sealing portion of the project is funded through the Parks Division under maintenance. The crack sealant material has been purchased by the Streets Maintenance Division separately and this contract award is for the placement of the sealant material. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.N. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Curb and Gutter Replacement for the repair of street curb and gutter related to our pavement rehab operations. Quotes were received from the following companies: • Curb Masters, Inc - $142,115.00 • A+ Sealcoating LLC – No Bid • MN State Curb and Gutter – No Bid • Gopher State Concrete – No Bid • McNamara – No Bid REQUESTED ACTION Move to: Award the contract for 2025 Curb and Gutter with Curb Masters, Inc in the amount of $142,115.00. We only received one bid this year, but pricing is comparable to last year. Curb Masters worked for us last year and had excellent performance. SUMMARY This contract aims to help Streets Division Staff with the removal and installation street curb and gutter related to our mill and overlay operations. This allows streets to stay on schedule with our milling operations to complete pavement rehab operations. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.O. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Mudjacking for curb and cutter repair and sidewalk repair. Quotes were received from the following companies: • Metro Concrete Raising Inc. - $27,000.00 • Cement Raising Inc. - $48, 750.00 • JMJ – No Bid • A+ Sealcoating LLC – No Bid • Concrete Pressure Lifting – No Bid REQUESTED ACTION Move to: Award the contract for 2025 Mudjacking with Metro Concrete Raising Inc. in the amount of $27,000.00 SUMMARY This contract aims to help Streets and Parks Division Staff with the preservation of curb and sidewalk infrastructure. Decreasing trip hazards on walks and maintaining positive flow of storm water throughout the city and in the overlay area. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.P. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Pavement Markings for striping roads and marking traffic intersections. Quotes were received from the following companies: • Warning Lites - $105,834.00 • Sir Lines-A-Lot, LLC - $113,560.00 • A+ Sealcoating LLC – No Bid • Safety Signs – No Bid REQUESTED ACTION Move to: Award the contract for 2025 Pavement Markings to Warning Lites in the amount of $105,834.00 SUMMARY Street striping is an annual street maintenance project. The budget for 2025 is $145,000 under budget #1714-6337. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.Q. Department: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION Approve Contract Services Agreement with Precision Utilities for water line installation at Franlo Park. REQUESTED ACTION Authorize Entering into a Standard Agreement for Contract Services with Precision Utilities LLC for installation of a water line at Franlo Park at a cost not to exceed of $29,500. SUMMARY Franlo Park is the only remaining park that has an irrigation system fed by a well. The well has reached its useful life and staff is recommending a new water line be installed to bring City water to the park. This service will connect to the existing irrigation system and allow for the installation of a drinking fountain within the park. Staff received two quotes to directional bore a new line from the existing water main, with Valley Rich being the other quote at a cost of $45,050.00. ATTACHMENTS Standard Agreement for Contract Services with Precision Utilities (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 18th day of March, 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Precision Utilities LLC, a Minnesota Company (hereinafter "Contractor") whose business address is 14067 62nd St, Mayer, MN 55360. 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 Water Service Installation at Franlo Park 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 March 18th, 2025. The Work shall be completed by July 1, 2025. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 11 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 $29,500.00 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. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 11 damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an 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 (rev. 6/2024) Page 4 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 policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents 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 Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 11 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 11 year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 11 c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and 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 (rev. 6/2024) Page 8 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 (rev. 6/2024) Page 9 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. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 11 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 11 EXHIBIT A Quote/Proposal/Scope of Work City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.R. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Builder’s Risk Insurance – City Center/Police Department Renovation REQUESTED ACTION Approve purchase of Builder’s Risk Insurance Coverage from RLI Insurance Company for the Police Department Remodel Project in the premium amount of $45,735.00 SUMMARY The City is required to procure Builder’s Risk Insurance for the Police Department renovation project. The League of Minnesota Cities Insurance Trust (LMCIT) provides automatic coverage up to $3,000,000, requiring the City to secure additional coverage for the remaining project value. This insurance will be provided during the duration of the remodel and will terminate coverage following completion. The City’s insurance agent, J.A. Price, obtained quotes for this coverage. Current quotes received: • Provider: Travelers Ins. | Quoted Premium: Decline • Provider: Cincinnati Ins. | Quoted Premium: Decline • Provider: RLI Insurance Company | Quoted Premium: $45,735.00 Staff recommends approving the purchase of Builder’s Risk Insurance from RLI Insurance Company to ensure coverage is in place before construction begins. ATTACHMENTS City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.S. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Facility Condition Assessment REQUESTED ACTION Move to: Approve an agreement with Kraus-Anderson for the Facility Condition Assessment in the amount of $52,100. SUMMARY Staff is moving forward with a Facility Condition Assessment to evaluate the condition of city- owned facilities and develop a long-term maintenance strategy. Facilities staff previously conducted separate condition assessments for the Community Center and City Center, and this next phase will extend the assessment to additional city buildings. This assessment will provide a digital inventory of deferred maintenance needs, cost estimates, and prioritization recommendations for 468,336 square feet of city facilities, including the Water Treatment Plant, Utilities Garage, Maintenance Facility, Fire Stations 1-4, Senior Center, Outdoor Center, Art Center, Liquor Stores, various park shelters, and historic buildings. Kraus- Anderson will conduct a detailed review of these facilities, identifying critical repairs, future maintenance needs, and cost estimates over a 10-year period. The final deliverable will be a digital dashboard that enables staff to track completed work and adjust priorities based on financial constraints. The project will take approximately 12-14 weeks to complete and is funded through the 2025 Capital Improvement Plan. Staff recommends approval of the agreement with Kraus-Anderson. ATTACHMENTS Professional Services Agreement with KA City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.T. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Senior Center HVAC Replacements REQUESTED ACTION Move to: Award contract for Senior Center HVAC to Total Mechanical for $99,375 SUMMARY The HVAC systems at the Senior Center, including two 30-year-old rooftop units, two 20-year- old furnaces with air conditioning, and a 40-year-old exhaust fan, have reached the end of their useful life. These outdated systems are inefficient and require frequent maintenance. Replacing them with modern, energy-efficient units will improve reliability, reduce energy consumption, and lower operating costs. Staff requested and received two bids for the project. After review, Total Mechanical was identified as the lowest verified bidder. The project is funded through the 2025 Capital Improvement Plan, and staff recommends awarding the contract to Total Mechanical. ATTACHMENTS Standard Agreement for Contract Services with Total Mechanical (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 18th day of March 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Total Mechanical Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 420 Broadway Ave St Paul Park, MN 55071. 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 HVAC replacements and modifications 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 March 18, 2025. The Work shall be completed by October 31, 2025. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 14 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 $99,375 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 14 fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 14 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 14 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 14 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 14 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 14 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 14 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor shall comply Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 14 with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: Bob Bierwerth Its: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 14 EXHIBIT A Quote/Proposal/Scope of Work Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 14 Standard Agreement for Contract Services (rev. 6/2024) Page 13 of 14 Standard Agreement for Contract Services (rev. 6/2024) Page 14 of 14 City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.U. Department: Communications ITEM DESCRIPTION Replace Council Chambers cameras and equipment. REQUESTED ACTION Move to: Approve contract with AVI Systems Inc. to replace Council Chambers cameras and related equipment for $36,378.62. SUMMARY One of the four cameras required to broadcast public meetings in the Council Chambers has failed and the others are beyond their useful lifespan of 10 years. Due to new technology, the equipment used to control the cameras also needs replacement. The cost of this project is covered by the PEG (Public, Educational and Governmental) fee fund. ATTACHMENTS AVI Systems, Inc. Contract and Quote (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 18th day of March, 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and AVI Systems, Inc., (hereinafter "Contractor") whose business address is 9675 W 76th Street, Eden Prairie, MN 55344. 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 City Council Chambers Camera and Equipment Replacements, 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 March 18, 2025, and the Work shall be completed by April 30, 2025. 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. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 10 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 $36,378.62 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 itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b.Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.c.No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7.Project Manager. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 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 Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 10 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. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 10 h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents 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 Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 10 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 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 Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 10 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 proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 10 by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by 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 Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 10 provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 10 Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Printed on February 27, 2025 Page 1 of 9 1335320 Retail Sales Agreement Reference Number: 1335320 Date: February 27, 2025 Prepared By: Renea Dalton Phone: (952)949-6040 Email: renea.dalton@avisystems.com Eden Prairie, City of -Replacement Cameras AVI Systems Inc. 9675 W 76th St, Eden Prairie, MN 55344 Phone: (952)949-3700 Fax: (952)949-6000 COMPANY PROJECT SITE INVOICE TO Eden Prairie, City of 8080 Mitchell Rd Communications Division Eden Prairie, MN 55344 Eden Prairie, City of 8080 Mitchell Rd Communications Division Eden Prairie, MN 55344 Eden Prairie, City of 8080 Mitchell Rd Communications Division Eden Prairie, MN 55344 Contact: Joyce Lorenz Phone: (952)949-8554 Email: jlorenz@edenprairie.org Account Number: 14347 Contact: Accounts Payable Phone: (952)949-8375 Email: ap@edenprairie.org Account Number: 14347 Contact: Joyce Lorenz Phone: (952)949-8554 Email: jlorenz@edenprairie.org Account Number: 14347 COMMENTS PRODUCTS AND SERVICES SUMMARY Equipment $26,234.28 Integration $6,583.34 PRO Support $2,298.00 Shipping & Handling $1,263.00 Tax $0.00 Grand Total $36,378.62 Unless otherwise specified. The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge. The prices are valid for 15 days and may be locked in by signing this Retail Sales Agreement. AVI’s prices/rates provided in this quote and/or agreement do not reflect any applicable tariffs imposed by foreign or domestic governmental authorities. AVI’s prices are subject to change should applicable tariffs result in any price increase to the equipment purchased under this agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI's costs of collection, including its attorneys' fees. INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of CHECK. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated, and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, shipping, etc.) are invoiced in summary (including applicable sales taxes due for each category of invoiced items). Exhibit A Printed on February 27, 2025 Page 2 of 9 1335320 Customer is to make payments to the following "Remit to" address: AVI Systems PO Box 842607 Kansas City, MO 64184-2607 If Payment Method is ACH: Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method. TAXES AND DELIVERY Unless stated otherwise in the Products and Services Summary above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or service(s) are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s) claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVI's Credit Department will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions (which can be found at http://www.avisystems.com/TermsofSale) form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms & Conditions of Sale (the T&Cs) are referred to collectively as the Agreement). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVI's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY AVI Systems, Inc. Company Company Signature Signature Printed Name Printed Name Date Date CONFIDENTIAL INFORMATION The company listed in the "Prepared For" line has requested this confidential price quotation, and shall be deemed "Confidential Information" as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. If you are not the intended recipient of this quote (i.e., the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. PRODUCTS AND SERVICES DETAIL PRODUCTS: Mfg Description Qty Price Extended CAMERA SYSTEMS SONY 4K 3G-SDI/NDI/STREAM 30X WHT PTZ CAM 4 $5,723.01 $22,892.04 SONY IP REM CTRL FOR SELECT BRC SRG PTZ CAM 1 $1,808.79 $1,808.79 NETGEAR 16-PORT GIGABIT ETHERNET ULTRA60 POE++ UNMANAGED S 1 $390.56 $390.56 Travis Kjerstad 2.28.25 Printed on February 27, 2025 Page 3 of 9 1335320 LIBERTY AV CAT5 350 24/4P UTP CMP BLACK 1 $282.85 $282.85 LIBERTY RJ45 Cat 5e Plug, One-piece crimp, 100/pk 12 $71.67 $860.04 Sub-Total: CAMERA SYSTEMS $26,234.28 COEP CAMERA INTEGRATION Project Management Cable Placement On Site Integration Testing & Acceptance Engineering & Drawings Sub-Total: COEP CAMERAS $6,583.34 Total: $32,817.62 PRO SUPPORT: Model # Mfg Description Qty Price Extended AVISSA1YR AVI SYSTEMS 1 Year System Support Agreement 1 $2,298.00 $2,298.00 Refer to Page 1 for the Grand Total that includes Taxes, and Shipping & Handling. Printed on February 27, 2025 Page 4 of 9 1335320 SERVICES TO BE PROVIDED INTEGRATION SERVICES INTEGRATION SCOPE OF WORK A. SUMMARY: The City of Eden Prairie (COEP) has requested AVI SYSTEMS provide a solution to replace their failing cameras. B. SYSTEM DESCRIPTION: AVI SYSTEMS will replace the current four (4) SONY BRZ-330 Pan-Tilt-Zoom (PTZ) with new models that accommodate the existing SDI video wiring. The new cameras will be controlled via IP network including an IP-based controller similar to the existing version. AVI SYSTEMS will provide the cameras, mounts, controller, CAT5e cabling, and PoE+ network switch. No other changes to the system will be included in this scope. The existing video (SDI) cabling will remain in use with the new cameras. New CAT5e cabling will be run to each camera from the control room which will provide power and control to the new cameras. • Camera: o Four (4) SONY BRC-X400 4K 3G-SDI/NDI 30x PTZ white • Control: o One (1) SONY RM-IP10 Camera controller with IP interface o One (1) NETGEAR GS516UP PoE+ Network switch C. EXCLUSIONS: The following work is not included in our Scope of Work: • All conduits, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling • Firewall, ceiling, roof, and floor penetration • Necessary gypsum board replacement and/or repair • Necessary ceiling tile or T-bar modifications, replacements, and/or repair • Structural support of equipment *AVI Systems is not responsible for building-related vibrations • Installation of the ceiling-mounted projection screen • All millwork (moldings, trim, cutouts, etc.) • Patching and Painting • Permits (unless specifically provided for and identified within the contract) • Unless otherwise stated, the pricing in this agreement does not include prevailing wage or union labor • Unless specifically noted, lifts and scaffolding are not included D. CONSTRUCTION CONSIDERATIONS: No construction required for this project. E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: • The room(s) match(es) the drawings provided. • Site preparation by the Customer and their contractors include electrical and data placement per AVI Systems specification. • Site preparation will be verified by AVI Systems project manager or representative before the scheduling of the installation. All work areas should be clean and dust free prior to the beginning of the on-site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. • In the event of any arrival to the site that AVI Systems is not able to execute work efficiently and definably progress, the Customer will be charged a fee to reimburse AVI Systems for all lost time and inefficiencies. At this time, the Customer will be presented with a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 10 business days. • There is ready access to the building/facility and the room(s) for equipment and materials. • There is secure storage for equipment during a multi-day integration. • If Customer furnished equipment and existing cabling are to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement, and/or configuration of these items that may be necessary will be made at an additional cost. • All Network configurations, including IP addresses, are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by the late arrival of these items will result in a change order for time and materials. • Document review/feedback on drawings/correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible – the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders (see Appendix). • In developing a comprehensive proposal for equipment and integration services, AVI Systems’ Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure, and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during the integration effort, which are different from those documented, may affect the price of the Printed on February 27, 2025 Page 5 of 9 1335320 system solution, integration, or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actions/deliverables (based on the size/complexity/duration of the integration project): • Site Survey – performed prior to Retail Sales Agreement and attached • Project Welcome Notice – emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s) – either by phone or in-person • Project Status reviews – informal or formal – either by phone or in person (based on the size/complexity/duration of the project) • Project Change Control – comprised of Field Directed Change Order and/or Contract Change Order submittals (see Appendix) • Notice of Substantial Completion (see Appendix) – at Customer walk-through – prior to Service Transition G. KNOWLEDGE TRANSFER (TRAINING) This is geared specifically towards the end-user / operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system. Areas covered include the following: • Equipment and system overview • Whom to call when help is required H. AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed. • Provide equipment, materials, and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility for the equipment integration. • Provide systems configuration, checkout, and testing. • Provide project timeline schedules. • Provide the necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer-supplied equipment documentation. • Provide final documentation and “as built” system drawings (CAD) - if purchased. • Provide system training following integration to the designated project leader or team. I. CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of any ceiling-mounted projection screen. • Provide for the ordering, provisioning, installation, wiring, and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and Telephone Line (Analog or Digital) equipment and services prior to on-site integration. • Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. • Provide all necessary conduits, wiring, and devices for technical power to the AV systems equipment. • Provide reasonable access of AVI Systems personnel to the facilities during periods of integration, testing, and training, including off hours and weekends. • Provide a secure area to house all integration materials and equipment. • Provide a project leader who will be available for consultation and meetings. • Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.). System Support System Support is AVI Systems’ fully entitled service and support package that focuses on keeping your Unified Collaboration (UC), Digital Media (DM) and Audiovisual (AV) systems working at their peak performance. Because AVI Systems focuses on the human impact of these systems, we not only support the equipment, but also the end users of your systems. Customer Care is the most comprehensive and flexible of all our managed service packages. We can apply our expertise and our proven support processes to support your UC, DM, and AV ecosystems. AVI Systems will deliver our offered entitlements in a tiered workflow model that provides support cases at an entry level for initiated incidents. From there, AVI Systems will follow an ITIL based model for remote remediation and on-site dispatch, as necessary. Specific resolver groups and subject matter experts (SMEs) will be alerted for any issue that cannot be easily remedied with Tier 1 or Tier 2 support staff. SYSTEM SUPPORT AGREEMENT COVERAGE AVI Systems will perform the services below for covered systems: Entitlement Coverage Entitlement Definition Included Incident Management AVI Systems provides support to troubleshoot, remediate, and escalate all Incidents through to resolution. Yes Remote Support AVI Systems provides remote Priority Support for supported systems to diagnose and address and attempt to resolve incidents. Yes Printed on February 27, 2025 Page 6 of 9 1335320 Onsite Support AVI Systems provides Priority Support for technician dispatch to the customer location to diagnose and address and attempt to resolve an Incident within 8 Business hours or as available and/or scheduled. Yes Advanced Parts Replacement AVI Systems provides advanced replacement of failed hardware components under warranty as available. Yes Software Update Assistance AVI Systems provides labor to implement updates of existing software to correct software errors and/or resolve incidents as scheduled. Yes System Training AVI Systems conducts user training to cover general operation of the system and how to contact AVI Systems for support as scheduled. Yes System Health Checks AVI Systems personnel perform a complete health check and diagnostic on the installed system. Includes cleaning, adjustments, functional tests, and replacement of parts to keep the system equipment in efficient operating condition. Yearly AVI Systems has a standard three level severity protocol and a single level for requests. Our severity levels are Critical (P1), Standard (P3), and Request (P4). Service Levels and response targets are based on Priority. Any needed information, feature enhancements, administrative inquiries are all classified as a request. The following is a severity summary and standard target percentages are listed in the table below. Target Percentage for Standard Level Agreements (SLA) Priority Details Incident Management Response Remote Support Response Onsite Dispatch (if included) Target (%) Critical (P1) Multiple devices are down, unable to serve data, in a state of frequent or repeating "panic" or "hang," or is in a state of degraded performance sufficient to prevent normal business operations. Calls: 60 Seconds for calls answered Voicemail: 2 business hours Email: N/A 4 business hours 8 business hours 90 Standard (P3) Device is experiencing and issue, anomaly, or cosmetic defect that inflicts little or no business impact. Calls: 60 Seconds for calls answered Voicemail: 2 business hours Email: 4 business hours 8 business hours 8 business hours 90 Request (P4) Normal requests for information regarding the installation, configuration, use and maintenance of systems under management. Calls: 60 Seconds for calls answered Voicemail: 4 business hours Email: 4 business hours 16 business hours Best Effort / Scheduled 90 Critical (P1): At this severity, both AVI Systems and client must commit the appropriate personnel to restore the system to a functional state or until a mutually agreeable workaround is provided. NOTE: Email support initiation does not apply – Urgent incidents should be coordinated and requested via phone. Email initiation is logged as Standard (P3). Standard (P3): AVI Systems will provide a viable and mutually agreeable workaround until a more permanent hardware/software upgrade exists to mitigate the incident. Request (P4): This includes administrative inquiries. There is no impact to your production systems or business operations. Printed on February 27, 2025 Page 7 of 9 1335320 SYSTEM SUPPORT WORKFLOW AVI Systems follows an Information Technology Infrastructure Library (ITIL) framework with our approach to technology services. Generally, our tiered workflow approach will follow this structure: 1. Incident is reported via monitoring (when purchased), phone, email, or portal (when available) 2. Incident is logged in ServiceNow and triaged (Tier 1) 3. UC / AV / DM Troubleshooting and Remote Resolution (Tier 2) a. Tier 2 remediation (and SLA) begins after Tier 1 triage has been completed. 4. Dispatch Escalation and Resolution (Tier 3) a. Tier 3 Escalation (and SLA) begins after Tier 2 remediation has been attempted. SERVICE COVERAGE TIME & TIER LEVELS DESCRIPTION Coverage hours for the ProSupport department are defined as: 8 x 5 AVI Systems will provide 8 x 5 coverage across the time zone locations of the systems under coverage (North America only) AVI Systems ProSupport department is the initial contact point for any incoming incident. Upon identification of an issue, the ProSupport team will attempt to restore the technology service back to normal operations. Remediation activities will take place at different tiers of service, but all following a specific workflow. A general description of what happens at each tier level is as follows: TIER 1 SERVICES: Tier 1 services are the initial point of contact for any issue and are primarily made up of Incident Management responsibilities. Typical responsibilities for Tier 1 include: • Taking ownership of incidents in our ServiceNow ITSM system for all issues reported or alerted on. Each incident request will have a unique reference number which is used to allow the support staff to quickly locate, add to or communicate the status of the user’s issue or request. • Assign a severity or update the severity of each incident (Critical, Standard, or Request) • Provide electronic receipt notification for each incident. • Provide rapid response and initial triage and technical support. • Perform remote trouble isolation, resolution, or escalation to a Tier 2 Technician if needed. • Ongoing status updates and case management through incident resolution. TIER 2 SERVICES: Tier 2 services are made up of various remote resolver groups. Escalations will take place at this level. AVI Systems will engage with a remote resolver that specializes in the incident in question. Typical responsibilities for Tier 2 include: • Specific fault isolation down to the component level. • Perform specific hardware configuration changes. • Perform overall system configuration changes. • In-depth analysis, log analysis, fault tracking and tracing. • In-depth understanding of the core technologies utilized for corrective action. • Promote the incident to Tier 3 escalation as needed. Printed on February 27, 2025 Page 8 of 9 1335320 TIER 3 SERVICES (available as SSA master number - if included): Tier 3 services are made up of onsite resources that are available for dispatch. The ProSupport team will take the learnings from Tier 1 and Tier 2 teams and dispatch a site technician with the correct repair or replacement technology to fully resolve the incident. Typical responsibilities for Tier 3 include: • Room repair and configuration changes. • Control and audio system programming. • Hardware swaps of on-hand critical components. • Coordination of replacement parts. • RMA or equipment returns to the manufacturer. • Advanced diagnostic troubleshooting of cable paths and component level devices. • Software and firmware updates, as well as identification of incompatible revisions. • Acceptance testing of the resolved system. • System health checks (preventative maintenance). • System reimaging to correct OS/BIOS failures or to generally reconstruct a system back to functionality. PROBLEM MANAGEMENT: AVI Systems has a proven problem management process aimed to resolve the root causes of any Tier 3 incidents that are unresolved. Unfortunately, there are occasions where multiple issues happen across multiple platforms. These issues are escalated into an ITIL “Problem”. A "problem" in this context is the unknown underlying cause of one or more incidents, and a 'known error' is a problem that is successfully diagnosed and for which either a work-around or a permanent resolution has been identified. Problems can also be identified from a single significant incident, indicative of a single error, for which the cause is unknown, but for which the impact is significant. A known error is a condition identified by successful diagnosis of the root cause of a problem, and the subsequent development of a work-around. Problem management differs from incident management in that Problem Management aims primarily to find and resolve the root cause of a problem and thus prevent further incidents while the purpose of Incident Management is to return the service to normal level as soon as possible, with the shortest possible business impact. CONTACTS AVI Systems Service team can be reached by: • National Support Phone: 855-521-0040 • email: support@avisystems.com • Portal: Contact your local AVI Systems representative for instructions. SYSTEM SUPPORT DEFINITIONS System – Defined as the items listed in the Products and Services Detail section of this Agreement or listed on an attached Equipment List with the exception of Consumables, Owner Furnished Equipment, and Obsolete Equipment. Remote Support – Means a service whereby remote calls made to communications and terminal equipment via Customer provided IP connection to determine failures and remedies. Only available where equipment is capable and configured by AVI Systems to provide same. Onsite Support - Service level response assumes customer location is within 60 miles of an AVI Systems Service Center. Additional travel costs may apply if the customer location is beyond 60 miles of an AVI Systems Service Center. Consumables – Means parts such as recording media, batteries, projection lamps and bulbs, etc. Consumables are parts that are not included under this Agreement. Obsolete Equipment – Defined as items (though possibly still in use) that are outdated with no manufacturer support or parts availability, or products with formal end of life as defined by their manufacturer. Obsolete Equipment are parts that are not included under this Agreement. Software Update Assistance – Defined as revisions of existing software which provide maintenance to correct software errors. Assumes software is provided at no charge by the manufacturer or covered under a valid manufacturer maintenance contract. Cascading software dependencies may impact ability to issue updates. Software and features which require additional licensing are not included under this Agreement. Changes to custom templates or scripts after initial deployment are available separate from this agreement. SYSTEM SUPPORT TERMS Coverage Dates – Unless otherwise stated, the service coverage date will be effective as of substantial completion or System Support Agreement invoice date; whichever is applicable. Coverage will extend for the duration specified by the corresponding line item Printed on February 27, 2025 Page 9 of 9 1335320 description found in the Product and Services Detail section of this Agreement. AVI Systems reserves the right to withhold services until the invoice is paid in full. Exclusions – For situations where AVI Systems is providing service or support under this Agreement, no cost service, maintenance or repair shall not apply to the Equipment if any person other than an AVI Systems technician or other person authorized by AVI Systems, without AVI Systems prior written consent, improperly wires, integrates, repairs, modifies or adjusts the Equipment or performs any maintenance service on it during the term of this Agreement. Furthermore, any Equipment service, maintenance or repair shall not apply if AVI Systems determines, in its sole discretion, that the problems with the Equipment were caused by (a) Customer's negligence; or (b) theft, abuse, fire, flood, wind, lighting, unreasonable power line surges or brownouts, or acts of God or public enemy; or (c) use of any equipment for other than the ordinary use for which such equipment was designed or the purpose for which such equipment was intended, or (d) operation of equipment within an unsuitable operating environment, or (e) failure to provide a suitable operating environment as prescribed by equipment manufacturer specifications, including, without limitation, with respect to electrical power, air conditioning and humidity control. Systems Support Terms are in addition to AVI Systems’ General Terms and Conditions of Sale. City Council Agenda Cover Memo Date: March 18, 2025 Section: Consent Calendar Item Number: VII.V. Department: Police Department ITEM DESCRIPTION Approval of an Application to Conduct Off-Site Gambling for EPAM Rotary Foundation REQUESTED ACTION Adopt Resolution approving the application to conduct off-site gambling for lawful gambling to be conducted by the EPAM Rotary Foundation at Eco Expo 2025 SUMMARY The EPAM Rotary Foundation recently approached the City regarding its desire to hold a Raffle at Eco Expo 2025, occurring April 12, 2025 at Eden Prairie Center. EPAM Rotary Foundation currently has a Premises permit for one location within the City: Fat Pants Brewing Co. State law allows an organization to conduct lawful gambling on a premises other than its permitted premises for up to 12 special events in a calendar year. City approval is necessary before EPAM Rotary Foundation’s application can be submitted to the Gambling Control Board. EPAM Rotary Foundation must still complete the application process and obtain approval from the Gambling Control Board before any lawful gambling may occur at this event. EPAM Rotary Foundation has met the requirements of City Code § 5.40 and staff recommends approval of the Application to Conduct Off-Site Gambling (Raffle) at Eco Expo 2025, at Eden Prairie Center. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING AN APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR LAWFUL GAMBLING TO BE CONDUCTED BY THE EPAM ROTARY FOUNDATION AT ECO EXPO 2025 WHEREAS, EPAM Rotary Foundation holds a premises permit and is licensed to conduct lawful gambling at one location in the City of Eden Prairie. WHEREAS, EPAM Rotary Foundation is submitting an application to the Minnesota Gambling Control Board for approval of an Application to Conduct Off-Site Gambling at Eco Expo 2025, occurring April 12, 2025 at Eden Prairie Center, 8251 Flying Cloud Drive, Eden Prairie, MN 55344. WHEREAS, EPAM Rotary Foundation will be responsible for operating and managing the lawful gambling activity and must comply with all applicable requirements of state law and Eden Prairie City Code § 5.40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that, pursuant to Minnesota Statutes Sections 349.165, subd. 5 and 349.213, subd. 2 and Eden Prairie City Code § 5.40, the City Council does hereby approve the Application to Conduct Off-Site Gambling for the EPAM Rotary Foundation to conduct lawful gambling at Eco Expo 2025, occurring April 12, 2025 at Eden Prairie Center and directs the City Clerk to certify a copy of this resolution for EPAM Rotary Foundation for inclusion with the state application. ADOPTED by the Eden Prairie City Council this 18th day of March, 2025. _________________________ Ronald A. Case, Mayor ATTEST: _______________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: March 18, 2025 Section: Public Hearing Item Number: VIII.A. Department: Community Development/Planning Julie Klima/Ben Schneider ITEM DESCRIPTION The applicant is requesting a zoning district change from Rural to R1-13.5. The subject property is an existing single-family home. The property owner is requesting the zoning district change to have setback requirements that are more representative of the lot and surrounding neighborhood. REQUESTED ACTION Move to: • Close the Public Hearing, and • Approve the 1st reading of an ordinance for a Zoning District Change from Rural to R1- 13.5 on 0.78 acres; and • Approve the 2nd reading of an ordinance for a Zoning District Change from Rural to R1- 13.5 on 0.78 acres. SUMMARY The applicant currently resides in a single-family home located at 12251 Sunnybrook Road. The lot is unplatted, and the home was initially constructed in 1973. The property is zoned Rural (R) and is guided Low Density Residential. The subject lot abuts Creekwood Park to the west and the south and is adjacent to a single-family lot zoned R1-13.5 to the east. The graphic below illustrates the zoning in the general neighborhood, R1-13.5 is represented in yellow in the graphic below. Properties zoned Rural are shown in beige and the green parcels are zoned Public. The homeowner is unable to move forward on a planned home addition due to the larger setbacks of the Rural Zoning District. Therefore, they are requesting a zoning district change to R1-13.5. This proposed zoning district change is consistent with the Comprehensive Plan and would also be more consistent with the surrounding neighborhood. The setbacks of the R1-13.5 zoning district would accommodate the proposed home addition. When the home on the subject property was originally constructed in 1973, it was not eligible to be rezoned to an R1 district because it was not initially hooked up to city water and sewer services. The home was connected in 1993, which means the lot is eligible for a rezoning to a single family (R1) zoning district. ATTACHMENTS 1. Ordinance for Zoning District Change from Rural to R1-13.5 2. Planning Commission Staff Report 3. Planning Commission Minutes 12251 SUNNYBROOK ROAD ZONING DISTRICT CHANGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-2025 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 R1-13.5 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and shall be included hereafter in the R1-13.5 Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of March, 2025, 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 18th day of March, 2025. ATTEST: _____________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2025. EXHIBIT A LEGAL DESCRIPTION The West 123.85 feet of the East 872.35 feet of Tract F, Registered Land Survey No. 751, except the South 410.05 feet thereof, Hennepin County, Minnesota. 12251 SUNNYBROOK ROAD ZONING DISTRICT CHANGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2025 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 12251 Sunnybrook Road from the Rural Zoning District to the R1-13.5 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: ___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) Planning Commission Staff Report Date: February 24, 2025 Location: 12251 Sunnybrook Road Subject: Zoning District Change from Rural to R1-13.5 From: Ben Schneider, Planner I Applicant: Cameron Serk Review period expires: May 22, 2025 ITEM DESCRIPTION Request to rezone existing single-family lot from Rural to R1-13.5 REQUESTED ACTIONS • Zoning District Change from Rural to R1-13.5 on .78 acres BACKGROUND The applicant currently resides in a single-family home located at 12251 Sunnybrook Road. The lot is unplatted, and the home was initially constructed in 1973. The property is zoned Rural (R) and is guided Low Density Residential. The subject lot abuts Creekwood Park to the west and the south and is adjacent to a single-family lot zoned R1-13.5 to the east. The neighborhood as a whole is mostly comprised of other lots zoned R1-13.5, represented in yellow in the graphic below. The properties zoned Rural are shown in beige and the green parcels are zoned Public. Subject Property Staff report – Zoning District Change – 12251 Sunnybrook Road February 24, 2025 Page 2 The homeowner is unable to move forward on a planned home addition due to the underlying setbacks of the Rural Zoning District. Therefore, they are requesting a zoning district change to R1-13.5. This proposed zoning district change is consistent with the Comprehensive Plan and would also be more consistent with the surrounding neighborhood. The setbacks of the R1-13.5 zoning district would accommodate the proposed home addition. When the home on the subject property was originally constructed in 1973, it was not eligible to be rezoned to an R1 district because it was not initially hooked up to city water and sewer services. However, the home eventually did connect to these utilities in 1993, which means the lot is eligible for a rezoning to a single family (R1) zoning district. FUTURE CONSIDERATIONS Notably, the adjacent lot to the east, 12205 Sunnybrook Road, went through a similar process in 2010. That lot was also zoned Rural and rezoned to R1-13.5 to accommodate a proposed garage addition. In the review of this most recent request, staff has begun researching similar situations in the City where a property is zoned Rural and connected to city utilities. City staff will consider the results of this research to determine any broader, appropriate next steps. STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on .78 acres. Legend – Zoning Districts Shown Existing Proposed Rezoning Request – 12251 Sunnybrook Road UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 24, 2025 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. III. APPROVAL OF AGENDA MOTION: Weber moved, seconded by Taylor to approve the agenda, clarified to note that one scheduled public hearing will be rescheduled. MOTION CARRIED 9-0. IV. MINUTES MOTION: Grote moved, seconded by Duncan to approve the minutes of February 10, 2025. MOTION CARRIED 9-0. V. PUBLIC HEARINGS A. 12251 SUNNYBROOK RD. (2025-01) • Request for approval for rezoning from Rural to R1-13.5 on .78 acres Cameron Sirk, the applicant, detailed the application. The rural restrictions for setbacks for any shed or outbuilding would require a 30-foot setback, and he wished to make improvements to his property without such a hindrance. Ben Schneider presented the staff report. When the home was constructed in the 1970s, the property was zoned Rural and the home was not hooked up to water PLANNING COMMISSION MINUTES February 24, 2025 Page 2 and sewer, but now that the property was connected to utilities, the owner wished to rezone to R1-13.5, consistent with both the surrounding neighborhood and the Comprehensive Plan. Staff recommended approval. MOTION: Grote moved, seconded by Kirk to close the public hearing. Motion carried 9-0. Duncan found this application to be straightforward and Sherwood agreed. MOTION: Duncan moved, seconded by Farr to approve the rezoning to R1-13.5 on 0.78 acres as represented in the February 24, 2025, staff report. Motion carried 9-0. PLANNERS’ REPORT Barnhart announced there would be no public hearing on March 10, 2025 but there would be a public hearing on March 24, 2025. MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The meeting was adjourned at 7:06 p.m. City Council Agenda Cover Memo Date: March 18, 2025 Section: Public Hearing Item Number: VIII.B. Department: Community Development/Housing & Community Services Julie Klima/Jeanne Karschnia ITEM DESCRIPTION 2025 Community Development Block Grant (CDBG) Funding Recommendations REQUESTED ACTION Move to: • Close the public hearing, and • Adopt Resolution approving the acceptance and distribution of 2025 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. SUMMARY Eden Prairie’s 2025 CDBG allocation has not yet been announced by the U.S. Department of Housing and Urban Development (HUD). In line with recent annual allocation amounts, staff estimates a 2025 allocation of $270,000, and this figure was used by the Human Services Review Committee to make its funding recommendations for 2025. Once the actual allocation amount is received, if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15% will be deducted equally from all public service activities. After this adjustment has been made, if there is an increase or decrease in the estimated allocation amount for the 2025 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program activity will be increased or decreased accordingly. Federal regulations stipulate that Public Service funding may not exceed 15 percent of the City’s total allocation, plus 15 percent of the prior year program income received. An additional $60,000 in Program Income will be used for 2025 activities which will bring the total funding amount to $330,000 which includes the maximum public service funding amount of $53,000. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity. The Human Services Review Committee reviewed the 2025 CDBG proposals and recommends the following activities be funded. Background Information The discussion of how to distribute the 2025 CDBG funds through the Human Services Review Committee included a complete review of all “Request for Funding” applications and the overall distribution of funds in 2024. The Committee’s goals were to support the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. ATTACHMENTS • 2025 Action Plan - Draft • 2025 CDBG Summary of Proposals • 2025 Resolution Public Service Activities Funding PROP (Housing Support Services) $27,000 PROP (Emergency Vehicle Repair) $11,000 HOME (Household & Outside Maintenance for the Elderly) $15,000 Subtotal $53,000 Housing and Administrative Activities Funding Housing Rehabilitation Deferred Loan Program $120,000 Rehab Grants $ 5,000 Affordable Housing - WHAHLT $80,000 Affordable Housing – First Time Homebuyer $20,000 Fair Housing Initiative $2,000 Program Administration $50,000 Total $330,000 City of Eden Prairie 2025-2029 Consolidated Plan Draft Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 1 Executive Summary ES-05 Executive Summary – 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and HOME funding. The city held its public hearing on March 18, 2025, to determine how to allocate an estimated $270,000 in 2025 CDBG funding and $60,000 in estimated program income. The city’s Human Services Review Committee (HSRC) met on January 6, 2025, to determine their recommendations that were brought to the council during the public hearing for approval. When the city held its public hearing it had not received its 2025 allocation amount from HUD. The HSRC based their recommendations on an estimated allocation amount of $270,000, with the stipulation that if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15% will be deducted equally from all public service activities. After this adjustment has been made, if there is an increase or decrease in the estimated allocation amount for the 2025 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be increased or decreased accordingly. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing stock, provide affordable housing options, provide essential services to seniors, families and individuals and support Fair Housing activities. The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility improvements and emergency repairs for the purpose of maintaining decent affordable housing. The city plans to rehab six low-and moderate-income, owner occupied homes and assist two seniors with emergency grants. Excess program income, if available, may be used to provide rehab grants to nonprofits who serve low- and moderate-income Eden Prairie residents to make needed repairs to their facilities. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 2 The City’s CDBG allocation will be used for affordable housing to help provide decent housing, while maintaining affordability and sustainability. CDBG program income funds will be used for a first time home buyer program to assist one low-and moderate-income household purchase their first home. CDBG entitlement funds will be used by the West Hennepin Affordable Housing Land Trust to support the acquisition of two single family homes, which will then be sold to low-and moderate-income homebuyers. The city supports public service programs that provide assistance to low- and moderate-income seniors, families and individuals. These funds help provide access to suitable living environments, maintain affordability, availability and accessibility to housing activities. During 2029, it is anticipated that sixty- six low-and moderate-income Eden Prairie residents will be assisted through programs offered by PROP and Senior Community Services. The city consults and works closely with the Fair Housing Implementation Council to identify and address fair housing needs throughout the metro area. The Fair Housing Policy calls on City staff to spread awareness on what the protected classes are and what constitutes a fair housing violation. The City’s Fair Housing designee routinely takes calls from potential complainants, making appropriate referrals either to HUD, to local legal advocacy organizations, or to other City departments to try to rectify landlord / tenant issues. On September 21, 2022, the regional Fair Housing Implementation Council (FHIC) issued a request for proposals (RFP) containing eligible fair housing activities from any qualified agency, nonprofit or community organization. The proposed activities addressed at least one or both of the following fair housing goals as listed in the 2020 Analysis of Impediments to Fair Housing Choice: Goal 3: Support homeownership for households of color or Goal 6: Ensure equal access to housing for persons with protected characteristics, lower-income, and homeless. Three organizations were awarded $156,875 from the FHIC to address these goals. City staff also met with the ad hoc Eden Prairie Housing Alliance, a group of residents—some with housing expertise and some without—banded together to grow community awareness of housing issues, constraints, and opportunities, including the importance of fair housing. The city will use excess prior year entitlement funds and/or program income for administration, public service programs, affordable housing and rehabilitation projects. Any additional program income received will be used to fund an existing CDBG Program or activity and not just the activity generating the income. 3. Evaluation of past performance Due to the limited amount of CDBG funds received, the city carefully considers each project to make sure that it will meet as many housing and community development needs as possible. There is particular focus on this with the public service agencies, requiring them to report on past performance and anticipated future performance when applying for funds. The organizations receiving CDBG funding from the City of Eden Prairie typically meet their expected performance goals. These organizations continuously experience high demand for their services and give the city insight into community needs. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 3 The city evaluates the organizations receiving CDBG funds through quarterly reports and biennial monitoring visits. By requiring these organizations to submit quarterly reports, the city is able to closely monitor them for timeliness and to ensure they are serving the clientele specified in their funding request. If a grantee is falling behind in their spending or accomplishments, the city works closely with them to come up with solutions. The city believes communication is an important tool to make sure the funded programs are successful. The city maintains spreadsheets that track the past performance of funded organizations and uses these spreadsheets when determining funding. The city is able to look back several years to see trends and to determine if a program is serving its purpose. 4. Summary of citizen participation process and consultation process The Eden Prairie City Council approved a 2025-2029 Citizen Participation Plan for the city at its meeting on March 18, 2025. The Citizen Participation Plan details the efforts to broaden public participation in the development of the Action Plan. Eden Prairie’s Citizen Participation Plan calls for the proposed Con Plan and the proposed Annual Action Plan to be available for public comment 30 days prior to a public hearing before the Eden Prairie city council. Eden Prairie also submits their proposed plans to Hennepin County to be available for public comment 30 days prior to a public hearing before the Hennepin County Board. Public comments on Eden Prairie’s proposed activities are accepted at both the city council public hearing and Hennepin County’s public hearing. Following the Citizen Participation Plan, notice of the public hearing was published on February 13, 2025, in the Sun Sailor more than ten working days prior to the council meeting. The City’s Housing & Community Services (HCS) division responds to questions and inquiries about the plan and makes recommendations to the City Council based on feedback. The Human Services Review Committee used the estimated allocation amount of $270,000 along with $60,000 in program income funds to make the funding recommendations to the city council with the stipulation that if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15% will be deducted equally from all public service activities. After this adjustment has been made, if there is an increase or decrease in the estimated allocation amount for the 2025 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program allocation will be increased or decreased accordingly. For the 2025 program year, draft copies of the plan were available for review on the city’s website, at the Eden Prairie Library and at Eden Prairie City Center. Public comments were solicited from February 14, 2025 until March 17, 2025. The Eden Prairie city council held a public hearing on March 18, 2025 to approve the city’s 2025-2029 Consolidated Plan, its 2025 Annual Action Plan, its 2025-2029 Citizen Participation Plan, and adopt the funding resolution. Three nonprofits receiving CDBG grants participated in Eden Prairie’s public hearing and made comments regarding their programs and how they benefit low-and moderate-income Eden Prairie residents. No residents participated in the public hearing and no comments were received on or before March 17, 2025. 5. Summary of public comments Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 4 No comments were received by the residents of Eden Prairie. The city does not typically receive public comments on their annual action plan. Therefore, throughout the year, the city works hard to engage residents in the planning process. The city relies heavily on residents as well as public service providers to identify needs they see in the community. As part of the city’s updated Comprehensive Plan, Aspire Eden Prairie 2040, the City assembled a number of focus groups to address housing, specifically to determine how to meet housing needs going into the future. The information gathered is assisting in planning for future housing needs, including the development and preservation of affordable housing. The City convened a 12-member resident Housing Task Force that presented its recommendations to the City Council in 2025. The Task Force’s top recommendation, to enact an inclusionary housing ordinance, has been completed. At its goal setting session, the City Council expressed its desire to go out into the community to gather feedback and input on issues facing Eden Prairie residents. The city council and staff held town hall meetings with the senior community and the business community. Attendees asked questions of staff and elected officials about plans for the future while also sharing their personal/professional experiences within the community and ideas for future conversations and action. Attendees represented community members, corporate residents, community organizations and educational institutions. The City Council also meets annually with local non-profits and the school district to receive updates on current initiatives and identify areas for potential collaboration. OHS staff reached out to the Community Engagement Impact Council (CEIC), PROP (local nonprofit), the Senior Center, and the Property Managers Collaborative for any comments. The city holds quarterly meetings with PROP, the city’s emergency services provider, to discuss resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These meetings are very important to the city as a means to understand what the needs are in the community and what can be done to address these needs. The city learned that barriers include affordable housing and transportation. These services are a high priority for Eden Prairie residents and therefore, the city plans to fund programs and activities that address these barriers during the 2025 – 2029 con plan. The city uses social media and a city newsletter to reach out to first time homebuyers and current homeowners to advertise the First Time Homebuyer and Housing Rehab programs. By using the newsletter, Facebook, email and the city's webpage HCS was able to educate the public on the programs the city offers and increase the number of residents who participate in these programs. 6. Summary of comments or views not accepted and the reasons for not accepting them N/A 7. Summary Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 5 In summary, the City continues to serve as many low/moderate income households as possible. The city believes that its citizen participation plan as well as input from public service providers enables it to administer CDBG funds efficiently and to meet the needs of its residents. The activities to be undertaken during the 2025 fiscal year address the priority needs and local objectives as set forth in the Consolidated Plan. The activities that are part of the 2025 Annual Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 6 The Process PR-05 Lead & Responsible Agencies - 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator EDEN PRAIRIE Community Development Table 1– Responsible Agencies Narrative The city of Eden Prairie administers the city's CDBG program, but is a part of the Hennepin County consortium for purposes of the HOME program. The county is the lead of the consortium per the joint cooperation agreement. Consolidated Plan Public Contact Information Jeanne Karschnia City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 952-949-8486 jkarschnia@edenprairie.org Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 7 PR-10 Consultation - 91.100, 91.110, 91.200(b), 91.300(b), 91.215(l) and 91.315(l) 1. Introduction The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and Community Services, Community Development, Parks and Rec, Police, Fire and Inspections. This committee meets weekly to review proposals for new development and projects. This group works directly with developers, non-profit agencies and other governmental agencies and transit authorities to ensure that all perspectives are considered throughout the review process. The city consults and works closely with the Fair Housing Implementation Council to identify and address fair housing needs throughout the metro area. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City deploys CDBG funding, pooled TIF funds and general fund monies to coordinate services with a host of agencies serving households at a variety of low-and moderate-income levels. The City supports organizations dedicated toward people with mental or other health issues, either as adjunct support services in a general occupancy facility such as Trail Pointe Ridge, a newer development with 13 units dedicated for the long-term homeless and households with a disabled member, and through dedicated facilities specially designed to serve a special population. Among recent efforts is a partnership with People Reaching Out to People (PROP), a longstanding non-profit partner providing wraparound services, and Relate, a mental health services provider, to assist low-and moderate-income residents with comprehensive support services including rental assistance, counseling and support. Awards have also been made to the YMCA and Eden Prairie schools to support youth in the community through skills- and life-enhancing activities, and to Senior Community Services to help senior residents stay in their homes by providing low- or no-cost repairs around the home. Recently, the City has been in discussion with the Eden Prairie Community Foundation’s newly formed Housing Alliance, particularly as regards community education efforts aimed at destigmatizing affordable housing as well as its inhabitants. Finally, the City operates a Property Managers Collaborative that aims to share knowledge between building managers and owners and the City, with several of its departments including regular updates from Police and Fire as to what’s happening in the community, best practices, and tenant rights and responsibilities. Every year, the City of Eden Prairie provides grant funding, through CDBG and the General Fund, to community service agencies to provide services to seniors, individuals, children and families. Coordination of the grants takes place within the City’s Housing and Community Services (HCS) division. Many of these services are provided on-site to residents living in the three Section 8 project- Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 8 based housing developments in Eden Prairie. These housing developments are Briarhill, Prairie Meadows and Edendale Retirement Residence. HCS staff coordinate outreach strategies with the local emergency service provider, PROP, to property managers to ensure they are aware of the programs and services that are available to the tenants living in their buildings. The city uses general funds to support a YMCA program at Briarhill to increase access to food and community resources as well as educational supports for students. The city is working with Edendale to provide food access as well as providing updates on access to resources. Eden Prairie is collaborating with Onward Eden Prairie to provide housing to youth who are experiencing homelessness. The program offers supportive housing with supervision and case management to help young people get the education and job skills to lift them out of poverty. HCS assists residents interested in applying for the wait list for the Housing Choice Voucher program if waiting lists are opened. When the City receives calls from community members regarding section 8 housing opportunities in Eden Prairie, staff provide information, referrals and connection to social service agencies that are designed to fit their particular needs. Assistance is available in English, Spanish and Somali. HCS staff assists immigrants with available resources, employment services and unemployment applications. Finally, the City also works with various public agencies including other cities, Hennepin County, and state agencies. This collaboration allows the City to find out more about what these organizations are experiencing in the community which helps the City prepare for future needs. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The Minneapolis/Hennepin County Continuum of Care (CoC) & Hennepin’s Housing Stability department convene CoC members around specific target populations (Youth Collaborative, Family Services Network, Shelter leadership meeting) and intervention types in order to coordinate and develop new collective strategies to make homelessness rare, brief and non-recurring. The CoC's Executive Committee supports these strategies, and the Funding Committee evaluates existing and proposed projects for service and reallocates funds to meet emerging needs. All homeless designated housing programs that receive public funding are required to fill all vacancies through the Coordinated Entry System (CES). This allows for a system-wide assessment and prioritization of people most in need of each housing type. The CES system prioritizes veterans, chronically homeless persons and families, people with disabilities and those who have the longest histories of homelessness and medical fragilities. The process also assesses household preferences, including preferences for culturally specific services, to support the best match between person and program. Hennepin County has very few homeless families that meet the HUD definition of chronic homelessness due to a shelter-all policy for families and access to rapid rehousing and permanent supportive housing Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 9 through CES. The County reduced family homelessness by 42% from 2014 to 2025 as reflected in the Point-In Time count (from 2,088 to 1,220 people in families). During the pandemic, the demand for family shelter dropped again resulting in a 2022 count of 940 people in families. It is anticipated this will rise significantly in the 2024 count as shelter demand has surged coming out of the state and federal eviction moratoria and as the federal Emergency Rental Assistance programs wound down. For single adults, Housing Stability has developed a by-name list of those who meet requirements of chronic homeless status. This approach dramatically accelerated housing outcomes from 76 chronically homeless individuals housed in 2018 to more than 300 individuals in 2022. Since June 2017, over 1,300 chronically homeless people – with an average of four years homeless – were housed with a 93% retention rate. Hennepin County has been selected to participate in the Big City Last Mile project with Community Solutions Built for Zero, recognizing and amplifying local progress in addressing chronic homelessness. The State of Minnesota adopted a by-name registry for veterans in 2015 and has since housed more than 2,922 veterans, including 1,222 within Hennepin County. Outreach is provided at the Adult Opportunity Center, shelters & drop-in centers, and through the VA’s Mental Health Homeless Mobile Outreach program and Community Resource & Referral Center. The youth-specific crisis response system in Hennepin CoC consists of multiple access points (crisis line, website and mobile app, drop-in centers, and street and school outreach), prevention services, youth- specific Emergency Shelter beds, Rapid ReHousing / Transitional Housing beds, Host Homes and Permanent Supportive Housing units. HUD selected Hennepin County as a youth Homeless Demonstration Program site in 2021 to leverage an additional $3.5m in HUD Continuum of Care funding over a two-year period in support of the vision and goals developed with leadership from our Youth Action Board. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Eden Prairie does not receive ESG funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 10 Table 2– Agencies, groups, organizations who participated 1 Agency/Group/Organization City of Eden Prairie Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities Services-Persons with HIV/AIDS Services-Victims of Domestic Violence Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing Services - Victims Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources Agency - Emergency Management Other government - Local Regional organization Planning organization Business and Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non-Homeless Special Needs Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 11 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? City staff from a variety of departments work on issues related to housing, safety, senior and community needs. Staff consulted with Planning, Communications and IT departments to determine the Broadband needs of low/mod income Eden Prairie residents along with steps being taken to address these needs. Fire was consulted in regards to the Emergency Management Plan within the city. This plan protects the city by coordinating and integrating all activities to build, sustain, and improve capabilities to prevent, mitigate, prepare for, respond to and recover from threatened or actual natural disasters, fires, flooding, acts of terrorism or other man-made disasters. 2 Agency/Group/Organization Senior Community Services (SCS) Agency/Group/Organization Type Housing Services - Housing Services-Elderly Persons Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? To determine needs for low-and moderate-income seniors living in Eden Prairie, the city consults with Senior Community Services. 3 Agency/Group/Organization People Reaching out to Other People Agency/Group/Organization Type Housing Services - Housing Services-Children Services-Elderly Persons Services-homeless Services-Health Services-Education Services-Employment Services - Victims Business Leaders Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 12 What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Non-Homeless Special Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The city consulted PROP to help with planning the best way to use CDBG funds to prevent homelessness and fill the gaps in other service related needs. The city relies heavily on PROP's expertise on the anticipated needs of Eden Prairie residents and therefore hold quarterly meetings to hear and address these needs. 4 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST Agency/Group/Organization Type Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Housing and Community Services consulted with WHAHLT to determine the need for affordable housing and the availability of housing in the city. Increasing affordable housing options in Eden Prairie is a high priority for the city and working with WHAHLT is a way to attain this goal. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 13 5 Agency/Group/Organization HENNEPIN COUNTY Agency/Group/Organization Type Housing PHA Services - Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-Persons with HIV/AIDS Services-Victims of Domestic Violence Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing Services - Victims Services - Narrowing the Digital Divide Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government - Federal Other government - State Other government - County Regional organization Civic Leaders Business and Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Lead-based Paint Strategy Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non-Homeless Special Needs Market Analysis Anti-poverty Strategy Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 14 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Eden Prairie meets with staff from Hennepin County regarding market conditions, housing and community needs, gaps in service, and recommendations for priorities as well as HOME application reviews. The city consults Hennepin County regarding lead based paint strategies, grants and testing. 6 Agency/Group/Organization Office to End Homelessness Agency/Group/Organization Type Housing PHA Services - Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-Persons with HIV/AIDS Services-Victims of Domestic Violence Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing Services - Victims Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government - Federal Other government - County Other government - Local Regional organization Planning organization Business and Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Market Analysis Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 15 How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The Office to End Homelessness was consulted in the development of the consolidated plan and continues throughout the plan. 7 Agency/Group/Organization Metropolitan Fair Housing Implementation Council Agency/Group/Organization Type Service-Fair Housing Other government - County Other government - Local Regional organization Civic Leaders What section of the Plan was addressed by Consultation? Fair Housing How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The city is a member of the Fair Housing Implementation Council (FHIC) and consults and works closely with the FHIC to identify and address fair housing needs throughout the metro area. 8 Agency/Group/Organization City of Plymouth Agency/Group/Organization Type Housing Services - Housing Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy Non-Homeless Special Needs Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Eden Prairie consults with Plymouth staff quarterly to discuss community development and housing needs. Consultation will help develop Priority Needs and Goals. 9 Agency/Group/Organization City of Bloomington Agency/Group/Organization Type Housing Services - Housing Other government - Local Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 16 What section of the Plan was addressed by Consultation? Homelessness Strategy Non-Homeless Special Needs Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Eden Prairie consults with Bloomington staff quarterly to discuss community development and housing needs. Consultation will help develop Priority Needs and Goals. 10 Agency/Group/Organization METROPOLITAN COUNCIL HOUSING & REDEVELOPMENT AUTHORITY Agency/Group/Organization Type Housing PHA Services - Housing Other government - State Regional organization Planning organization Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Eden Prairie consulted with the Met Council regarding economic/community development and affordable housing needs including coordination with the Met Council to apply for affordable housing grants. Identify any Agency Types not consulted and provide rationale for not consulting All agencies listed above were consulted. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Hennepin county The Eden Prairie CDBG Action Plan identified homeless prevention activities as important goals. This includes direct homeless prevention housing assistance as well as affordable housing programs. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 17 Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Aspire 2040 City of Eden Prairie Aspire 2040 lays out development of the city for the next 15 years. It also identifies affordable housing efforts within the city, which may be impacted by the city's CDBG efforts. Housing Task Force City of Eden Prairie Using Aspire 2040 and the City's Action Plan as guides, the twelve member, city council appointed, Task Force addressed key goals and strategies including inclusionary housing, affordable housing trust funds, NOAH preservation, tenant protection ordinances, strategies to support seniors, development along transit lines, and a number of other policy and strategic recommendations. Eden Prairie Race Equity Report City of Eden Prairie The Eden Prairie Race Equity Report includes a list of recommendations to drive equity and inclusion in the City of Eden Prairie. Recommendations include strategies to drive equity in housing through barrier reduction, affordability, development strategies and social service support. Metropolitan Council City of Eden Prairie The Eden Prairie CDBG Action Plan has overlap with the Housing Policy Plan. Both plans identify priorities related to maintaining existing affordable housing stock and providing a mix of affordable housing options for households of all life stages and economic means. Table 3– Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) Narrative Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 18 PR-15 Citizen Participation - 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Eden Prairie encourages the participation of citizens, community groups and other interested agencies in the planning process. The citizen participation process is designed to encourage all residents, including non-English speaking, minority populations, and low/mod income persons to participate. The citizen participation process impacted goal setting by giving the city a clear vision of where funds would be best allocated to meet the greatest needs in the community. The city plans to use focus groups and community meetings for future planning. The Consortium worked with area community-based organizations, obtaining input from residents through surveys. Eden Prairie advertised the survey through its website, social media and email. Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding. An ad was placed in the Sun Sailor on November 14, 2024, requesting proposals for CDBG public service grants. Through this process, the City engages with social service providers, the faith community and school district staff to learn about the needs in the community. The city solicited public comments from February 14 to March 17, 2025. This thirty-day comment period was published in the Sun Sailor on February 14, 2025 and in the city weekly manager’s report. The goal was to solicit comments from the public regarding the plan. The plan was available for review upon request, on the city’s website and a copy of the plan was available at Eden Prairie City Center and Eden Prairie library. No comments were received during the citizen participation process. Any resulting changes to Plan goals would be made in accordance with the procedures outlined in Eden Prairie's Citizen Participation Plan. The Eden Prairie city council held a public hearing on March 18, 2025 to adopt the funding resolution and approve the city’s 2025-2029 Consolidated Plan, its 2025 Annual Action Plan, and adopt its 2025-2029 Citizen Participation Plan. HCS staff in collaboration with Hennepin County conducted a survey of Eden Prairie residents to determine housing needs. HCS staff reached out to the Community Engagement Impact Council (CEIC), PROP (local nonprofit), the Senior Center, and the Property Managers Collaborative for any recommendations or comments regarding resident needs and priorities for Eden Prairie. HCS has Somali and Hmong speaking staff available to allow residents to express the needs of their community in their preferred language. HCS facilitates an EP Connections Group that listens to the concerns of Eden Prairie immigrant families regarding community needs and connecting services to the elderly. This group plans to continue meeting throughout the year to receive input from Eden Prairie immigrants regarding needs and concerns within their community. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 19 The Eden Prairie Human Rights and Diversity Commission (HRDC) recently completed the Eden Prairie Race Equity Report which included community engagement sessions with community members and representatives of community organizations. Participants gave feedback focused on building a more inclusive community. Using data received from their Race Equity Report, the HRDC has undertaken a Race Equity Initiative to focus on building a more inclusive community. This will include internal document review as well as community listening sessions. Citizen Participation Outreach Sort Or der Mode of Outr each Target of Outr each Summary of response/attend ance Summary of comments rece ived Summary of com ments not accepted and reasons URL (If applicable) 1 Public Hearing Non-targeted broad community Attendance by three CDBG grantees The comments made by the three grantees were related to providing information about the organization and thanking the city council for their support. N/A 2 Internet Outreach Non-targeted broad community N/A No comments were received N/A http://www.edenprairie.org/city- government/departments/communi ty-development/housing-and- community-services 3 Newspaper Ad Non-targeted broad community N/A No comments were received N/A Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 20 Sort Or der Mode of Outr each Target of Outr each Summary of response/attend ance Summary of comments rece ived Summary of com ments not accepted and reasons URL (If applicable) 4 City Manager Friday Report Non-targeted broad community N/A No comments were recieved N/A https://www.edenprairie.org/city- government/departments/administr ation/city-manager/friday-reports 5 City Manager Friday Report Non-targeted broad community Several Eden Prairie residents completed the survey. Increase affordable housing, emergency assistance and senior services. N/A Table 4– Citizen Participation Outreach Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 21 Needs Assessment NA-05 Overview Needs Assessment Overview The city, through its Aspire 2040, Housing Goals/Housing Action Plan with the Metropolitan Council, and the CDBG Annual Action plan, regularly reviews the city's housing and community development needs for extremely low, low/moderate income persons. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 23 NA-50 Non-Housing Community Development Needs - 91.415, 91.215 (f) Describe the jurisdiction’s need for Public Facilities: Public facility maintenance is determined through a Capital Improvement Program process. How were these needs determined? A ten year CIP plan is established and reviewed every two years to make modifications as necessary. Department directors and staff determine need, based on factors, such as future growth expectations, age of equipment and building technology. The CIP is then presented to the City Council for review and approval Describe the jurisdiction’s need for Public Improvements: The city's infrastructure including streets, trails, utilities, public spaces are included in the CIP process. How were these needs determined? Department directors and staff determine need, based on factors, such as future growth expectations, age of equipment and building technology. The CIP is then presented to the City Council for review and approval. Describe the jurisdiction’s need for Public Services: The city of Eden Prairie's need for public services is high. Low/mod income residents have a high need for reliable transportation, homeless prevention, and home maintenance for the elderly. Because of a decrease in affordable housing in Eden Prairie, the city is working with PROP to provide emergency housing assistance to Eden Prairie residents who find themselves in danger of becoming homeless. How were these needs determined? Social service organizations and agencies serving residents of Eden Prairie were consulted regarding the current and future need for Public Services. Because these organizations interact with persons and households in need of public services on a daily basis, they have first-hand knowledge of the needs present in the community as well as insight on trends in how needs in the community are changing. The city holds quarterly meetings with PROP, the city’s emergency services provider, to discuss resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These meetings are very important to the city as a means to understand what the need is in the community and what can be done to address the needs. The city learned that barriers include child care, affordable Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 24 housing and transportation. The city plans to fund programs that address these barriers during the 2025-2029 Consolidated Plan. Based on the needs analysis above, describe the State's needs in Colonias N/A Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 25 Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: There are a variety of housing options and choices in Eden Prairie, from Project-Based Section 8 rental housing for low income residents to executive estates with large single family homes, and many life cycle housing options in between. Approximately 73 percent of the total housing units are ownership and 27 percent are rental. There are 1,185 subsidized rental units spread across 17 properties in Eden Prairie. Of these subsidized units, 617 are affordable at 30 percent of AMI, 322 at 50% of AMI, and 246 are affordable 60% of AMI. These numbers of affordable units, particularly at the 50% level, are expected to rise dramatically in the coming years with several tax increment financing (TIF) supported developments coming on line. Still, projections show a pronounced need for more affordable rentals in the City between now and 2040, particularly at the 30% of AMI level; this is one reason its draft inclusionary housing policy attempts to stimulate production at this difficult to produce AMI level. Eden Prairie has a large Somali immigrant population, estimated to number approximately 5,000 residents. While most Somali families live in apartment complexes, including the Project-Based Section 8 properties, there is a trend toward Somali ownership and rentals of single family homes. Seniors are also a growing demographic, with many looking to downsize their housing and many others looking to age in place. The City is looking to develop new affordable and market rate senior housing, with hundreds of new units just opened and more on the way. The city is looking for policy and programmatic strategies to allow those who wish to stay in their homes to do so. Eden Prairie has used a “scattered-site” approach to providing affordable housing which requires developers who are seeking financial assistance (typically TIF) from the City to set aside 20 percent of their units for low/moderate income people. This approach has prevented the concentration of low income housing in any one part of the City. Eden Prairie has a large number of group homes that provide supportive care for developmentally delayed adults, aftercare treatment for teens with chemical addictions, and memory care support for elderly people. A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie for nearly 20 years, and a new facility recently opened housing teens facing homelessness or housing instability. Abandoned properties rarely occur in Eden Prairie. Unoccupied properties may be empty and awaiting redevelopment but they are still on the tax roll and are not considered abandoned. Eden Prairie has a robust Economic Development unit within the Community Development Department that actively Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 26 monitors businesses moving in and out of the community and works to get properties into productive use. The City of Eden Prairie does not have a Public Housing Authority, but through an agreement with the Minneapolis Public Housing Authority we do have 19 scattered-site public housing units managed by the Metropolitan Housing and Redevelopment Authority (HRA). The City of Eden Prairie does not have any oversight or involvement in the operation of the units Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 28 MA-45 Non-Housing Community Development Assets - 91.410, 91.210(f) Introduction The City of Eden Prairie is generally characterized by low unemployment rates and stable, diverse, and growing business/employment across a variety of industry types. Due to a limited annual CDBG allocation and the extensive regulatory requirements associated with federally-assisted economic development activities, the City of Eden Prairie has prioritized utilizing its CDBG resources for activities which improve housing and provide public services for low/mod income households, rather than for economic development activities. However, the City of Eden Prairie does pursue other resources to achieve its economic development goals. Economic Development Market Analysis Business Activity Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 46 18 0 0 0 Arts, Entertainment, Accommodations 2,504 2,852 9 5 -4 Construction 820 1,665 3 3 0 Education and Health Care Services 4,559 3,498 16 6 -10 Finance, Insurance, and Real Estate 3,393 5,533 12 10 -2 Information 755 1,136 3 2 -1 Manufacturing 2,924 8,065 11 15 4 Other Services 939 1,405 3 3 0 Professional, Scientific, Management Services 6,482 19,244 23 35 12 Public Administration 0 0 0 0 0 Retail Trade 2,626 5,502 9 10 1 Transportation and Warehousing 817 666 3 1 -2 Wholesale Trade 1,911 5,249 7 10 3 Total 27,776 54,833 -- -- -- Table 5 - Business Activity Data Source: 2016-2020 ACS (Workers), 2020 Longitudinal Employer-Household Dynamics (Jobs) Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 29 Labor Force Total Population in the Civilian Labor Force 35,190 Civilian Employed Population 16 years and over 34,170 Unemployment Rate 2.89 Unemployment Rate for Ages 16-24 5.30 Unemployment Rate for Ages 25-65 2.13 Data Source: 2016-2020 ACS Data Source: 2016-2020 ACS Travel Time Table 6 - Labor Force Table 7 – Occupations by Sector Travel Time Number Percentage < 30 Minutes 20,792 69% Occupations by Sector Number of People Management, business and financial 14,865 Farming, fisheries and forestry occupations 1,160 Service 1,920 Sales and office 7,425 Construction, extraction, maintenance and repair 984 Production, transportation and material moving 1,065 Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 30 Travel Time Number Percentage 30-59 Minutes 7,741 26% 60 or More Minutes 1,415 5% Total 29,948 100% Table 8 - Travel Time Data Source: 2016-2020 ACS Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 1,025 155 235 High school graduate (includes equivalency) 2,185 95 640 Some college or Associate's degree 5,855 230 1,200 Bachelor's degree or higher 20,180 285 3,825 Table 9 - Educational Attainment by Employment Status Data Source: 2016-2020 ACS Educational Attainment by Age Age 18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs Less than 9th grade 15 30 330 585 90 9th to 12th grade, no diploma 555 165 90 220 215 High school graduate, GED, or alternative 760 670 750 1,505 1,980 Some college, no degree 960 1,010 845 2,595 1,540 Associate's degree 140 755 515 1,570 735 Bachelor's degree 655 3,375 3,995 7,400 3,420 Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 31 Age 18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs Graduate or professional degree 170 1,730 3,090 4,735 1,490 Table 10 - Educational Attainment by Age Data Source: 2016-2020 ACS Educational Attainment – Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 27,015 High school graduate (includes equivalency) 39,391 Some college or Associate's degree 46,097 Bachelor's degree 77,724 Graduate or professional degree 100,797 Table 11 – Median Earnings in the Past 12 Months Data Source: 2016-2020 ACS Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? Major Employment Sectors: Health Care, Service, Finance, Technology, Manufacturing. Describe the workforce and infrastructure needs of the business community: Workforce Needs: With unemployment currently at about 2.5%, some businesses are experiencing difficulties filling positions. Infrastructure Needs: LRT is needed to bring workers to the area. There are a variety of transportation improvements planned. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 32 Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. Major Changes: LRT expected to help stimulate development around station areas. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? Eden Prairie is home to many large companies and approximately 48,000 jobs. The residents of Eden Prairie are highly educated, with more than 64% having a bachelor's degree or higher level of education. This fits well into the city's corporate and professional jobs. A significant portion of the jobs require highly technical IT skills. Many of the employees who fill these positions come from countries such as India and China. These employees, for the most part, choose to live and raise their families in Eden Prairie, enhancing the cultural vibrancy of the community. 35% of Eden Prairie residents have two years or less of college education. Approximately 32% of the city's total jobs are retail, manufacturing and construction, which usually do not require a degree, providing another employment type. The Southwest Light Rail Transit which is currently under construction in Eden Prairie with an expectation of service to begin in 2023, provides opportunities for economic development, particularly surrounding the station areas. Part of the planning includes a “Business Advisory Committee” (BAC) which represents the voice of employers who need transit to get employees to Eden Prairie. Current existing bus routes are not efficient for employees and many require transfers to get to an Eden Prairie destination. SW Prime offered by Southwest Transit is an on-demand rideshare service for the Southwest Twin Cities area. Riders can request a ride from their current location to their destination. This shared ride service is convenient and reliable, with ADA-compliant vehicles, that provides many Eden Prairie residents transportation to work and school. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. The city partners with DEED to offer work force training to help build a skilled work force in Eden Prairie. Many programs exist to assist employers find the non-profession skilled labor employees they need. For example, Hennepin Technical College which is located in Eden Prairie is a prime provider of skilled trades training in areas such as Certified Nursing Assistant, construction, HVAC and culinary arts. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 33 Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? No If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. Discussion The City of Eden Prairie is generally characterized by low unemployment rates and stable, diverse, and growing business/employment across a variety of industry types. Due to a limited annual CDBG allocation and the extensive regulatory requirements associated with federally-assisted economic development activities, the City of Eden Prairie has prioritized utilizing its CDBG resources for activities which improve housing and provide public services for low/mod income households, rather than for economic development activities. However, the City of Eden Prairie does pursue other resources to achieve its economic development goals. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 34 MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") For the purposes of this section "concentration" is defined as census tracts where more than 40% of LMI households experience multiple housing problems. The most common housing problem among low- and moderate-income (LMI) households in Eden Prairie is housing cost burden (paying more than 30% of income), which is common to LMI households across the City. A review of the American Community Survey data provided by HUD, 30% or more of LMI households experience cost burden in every census tract in Eden Prairie. Problems of overcrowding and substandard housing, however, are not common in Eden Prairie. There are no census tracts in Eden Prairie where more than 40% of LMI households experience overcrowding or substandard housing. Thus there are no areas that meet the definition of concentration of multiple housing problems. The problem of cost-burden is prevalent among LMI households in all areas of the City and is not specific to any particular geographic area. Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") The City of Eden Prairie does not have any areas where racial or ethnic minorities or low-income families are concentrated. The Consolidated Plan regulations require that grantees define the term "area of minority concentration" and then identify and describe those areas in the jurisdiction that meet the definition. For the purposes of this section "area of minority concentration" is defined as a census tract having more than 40% of households which are of racial or ethnic minorities. A review of the American Community Survey data provided by HUD, no census tracts in Eden Prairie have areas of minority concentration. The Consolidated Plan regulations also require that grantees define the term "area of low-income concentration" and then identify and describe those areas in the jurisdiction that meet the definition. For the purposes of this section "area of low-income concentration" is defined as a census tract having more than 40% of households which are low-income. A review of the American Community Survey data provided by HUD, Eden Prairie does not have any areas where low-income families are concentrated. What are the characteristics of the market in these areas/neighborhoods? N/A - There are no areas in Eden Prairie where households with multiple housing problems are concentrated, nor any areas where racial/ethnic minorities or low-income families are concentrated. Are there any community assets in these areas/neighborhoods? Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 35 N/A - There are no areas in Eden Prairie where households with multiple housing problems are concentrated, nor any areas where racial/ethnic minorities or low-income families are concentrated. Are there other strategic opportunities in any of these areas? N/A - There are no areas in Eden Prairie where households with multiple housing problems are concentrated, nor any areas where racial/ethnic minorities or low-income families are concentrated. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 36 MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate-income households and neighborhoods. Broadband connections are considered critical and in fact typical in today’s world. Broadband provides low and moderate income households with the resilience to overcome hardship by giving them the opportunity to stay connected to job resources, work from home, and enjoy the same network opportunities others enjoy. All developments in Eden Prairie are encouraged to include broadband wiring and services in their projects, and in fact nearly all do of their own accord. In 2007, The Eden Prairie Technology Task Force, made up of residents, business leaders and community partners, was appointed by the City Council to study the technology needs of Eden Prairie residents and businesses. The task force studied digital inclusion in Eden Prairie. Digital inclusion focuses on ensuring that all citizens have access to the broadband services, computers connected to the Internet and it includes having the skills necessary to use the computer and access online resources and information. Broadband access, electronic hardware and technological literacy are all necessary so that every Eden Prairie citizen and organization can participate and succeed in the global community. Eden Prairie Schools and the Hennepin County Library System are the community pillars of providing technology access and training, especially to those without access. Private sector collaboration must be an integral part of the digital inclusion solution. The task force had the following recommendations regarding broadband access for the community: • Increase collaboration between the city, library, school district, and the private sector on broadband and electronics access, training issues and collaboration space. • Identify areas within the community with concentrations of people without affordable broadband access and promote low-cost solutions. • Provide free computers and Internet access at community meeting places, including the senior and city community centers, the Education Center and other public places. • Increase the number of low-cost or free computers available through the school district so that all qualifying families can participate by involving public and private sector partners. The city continues to build on these recommendations in order to attain resiliency for low and moderate income households in Eden Prairie. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. Broadband service in Eden Prairie is provided by Xfinity, CenturyLink and T-Mobile fiber under franchise agreements with the city. The franchise agreements give them various rights and responsibilities as the Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 37 providers of broadband service to residents. The franchise agreements guarantee Broadband consumer rights for Eden Prairie Subscribers. By having multiple options for residents, this brings competition to the service. The city would be open to more options for residents to lower costs and make broadband accessible for all low/mod income residents. Xfinity has an Internet Essentials Program that provides affordable internet to low income households. Under federal law, the City and the Federal Communications Commission (FCC) are prevented from regulating cable rates. It would take federal legislation to change that situation. The FCC believes that as competition and choices expand, consumers will have access to more services and that prices will eventually be controlled by competition. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 38 MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction’s increased natural hazard risks associated with climate change. Situated where it is geographically, an increased natural hazard risk faced by Eden Prairie would be possible tornadic activity. Though the linkage between climate change and tornadoes is not yet well understood. Another natural hazard could possibly be changes to the water table and flooding, as Eden Prairie is a relatively wet City with several high and low spots, 15 lakes, 500 wetlands, and 250 storm water ponds. Weather changes could cause possible flooding in areas that were not previously at risk. Describe the vulnerability to these risks of housing occupied by low- and moderate-income households based on an analysis of data, findings, and methods. Water as a resource has critical importance in guaranteeing a high quality of life. Coordination regarding decisions about supply, surface water management, handling of wastewater, and related issues in land use, transportation, and housing necessitate a holistic approach to water management. While the City has not performed a formal analysis of the impact of climate change on low/mod income housing, it is very proactive, collaborative, and forward thinking in water management planning and execution, and quickly reactive when conditions become a problem for any residential facility. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 39 Strategic Plan SP-05 Overview Strategic Plan Overview The regulations include a wide range of eligible public/social services activities at § 570.201, but Eden Prairie will award the majority of the public/social services funds to activities that meet a high priority need from the 2025-2029 Consolidated Plan. Remaining funds will be allocated to the secondary priority activities with focus on targeting greatest needs and an attempt to balance geography and access. Highest Priority Activities for the city of Eden Prairie • Emergency Assistance (up to three consecutive months of financial assistance for housing and related costs) • Homelessness Prevention and Support Services (supportive services to prevent homelessness that may include financial assistance) • Activities for households with incomes below 80% AMI Secondary Priority Activities • Senior Services • Transportation • Youth Programming and/or Counseling • Senior Center Programming • Job Training • Domestic Abuse Counseling • Tenant Advocacy • Financial Literacy Other than public service activities, Eden Prairie has identified overarching Priority Needs which include: • Create Affordable Rental Housing • Preserve and Create Multifamily Rental Opportunities • Preserve and Create Single Family Homeownership Opportunities • Create Housing Opportunities for Homeless Populations • Promote Education, Outreach, and Services • Support Neighborhood Revitalization • Stimulate Economic Development Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 40 All activities must promote equal access to all members of our community and people with low and moderate incomes. To address these Priority Needs, the city of Eden Prairie has identified a series of Goals which include the following: Preserve and Create Single Family Homeownership Opportunities • Provide direct homebuyer assistance by providing down payment assistance to First Time Homebuyers to purchase affordable housing in Eden Prairie • Acquisition of Affordable Housing • Provide capital to acquire and/or renovate owner occupied housing Promote Education, Outreach, and Services • Provide a variety of public services including Homelessness Prevention and Support Services, Emergency Assistance, Senior Services, Youth Services, Transportation Services, and Fair Housing Activities. Provide rehab grants to local non-profit organizations that serve low/mod Eden Prairie residents. Preserve and Create Multifamily Rental Opportunities • Provide capital to acquire and/or renovate affordable rental housing Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 41 SP-10 Geographic Priorities - 91.415, 91.215(a)(1) Geographic Area Table 12 - Geographic Priority Areas 1 Area Name: Citywide Area Type: Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Comprehensive Other Revital Description: Identify the neighborhood boundaries for this target area. Include specific housing and commercial characteristics of this target area. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? Identify the needs in this target area. What are the opportunities for improvement in this target area? Are there barriers to improvement in this target area? General Allocation Priorities Describe the basis for allocating investments geographically within the state The activities selected by the City of Eden Prairie are primarily offered on a city wide basis to extremely low, low/mod income residents to ensure equal opportunity to all interested, income qualified participants. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 42 SP-25 Priority Needs - 91.415, 91.215(a)(2) Priority Needs Table 13 – Priority Needs Summary 1 Priority Need Name Preserve/Create Single Family Homeownership Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Geographic Areas Affected Citywide Associated Goals Homeowner Rehabilitation Direct Homebuyer Assistance Acquisition Description Homeowner Rehabilitation Assistance Property Acquisition/Rehabilitation Direct Homebuyer Assistance Basis for Relative Priority Preserving existing ownership housing is a high priority need for the city of Eden Prairie. Affordable homeownership housing is also rated as a high priority need by the city. Due to the realities of the increasing property values and the costs of homeownership, low moderate-income households are the priority population. A significant need for affordable assistance to owners to remain in their homes and maintain the housing stock was wholly recognized by the Consortium as a Priority Need into the 2025-2029 Plan. 2 Priority Need Name Housing Opportunities for Homeless Populations Priority Level High Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 43 Population Extremely Low Large Families Families with Children Elderly Individuals Families with Children Mentally Ill veterans Victims of Domestic Violence Unaccompanied Youth Geographic Areas Affected Citywide Associated Goals Acquisition Description Create housing opportunities for homeless populations. Basis for Relative Priority The City of Eden Prairie does not have a chronically homeless population. However, we recognize that there are residents at risk of becoming homeless. These residents are served by PROP, Onward EP and MoveFwd to prevent them from becoming homeless. 3 Priority Need Name Education, Outreach and Services Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Individuals Families with Children Victims of Domestic Violence Unaccompanied Youth Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Victims of Domestic Violence Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 44 Geographic Areas Affected Citywide Associated Goals Public Services Youth Services Description Senior Services, Child Care Services, emergency housing assistance and vehicle repair. Emergency Assistance and family services Fair housing Basis for Relative Priority The needs are based upon the annual application for funds by non-profits as well as data analysis and input received from local social service agencies that serve Eden Prairie residents. 4 Priority Need Name Preserve/Create Multifamily Rental Opportunities Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Individuals Families with Children Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Victims of Domestic Violence Geographic Areas Affected Citywide Associated Goals Acquisition Description The city has many multi-family rental housing buildings (both subsidized and market rate) that are aging and are in need of rehabilitation. Additionally, with a low vacancy rate and high rents, the need for new affordable units is in demand. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 45 Basis for Relative Priority Because of the extremely low vacancy rates, and high levels of cost burdened households, the development of affordable multifamily housing is a high priority. 5 Priority Need Name Neighborhood Revitalization Priority Level Low Population Extremely Low Low Moderate Geographic Areas Affected Citywide Associated Goals Homeowner Rehabilitation Acquisition Description Neighborhood Revitalization Basis for Relative Priority Eden Prairie does not currently have blighted areas. As Eden Prairie ages, areas that need revitalization may arise. 6 Priority Need Name Economic Development Priority Level High Population Extremely Low Low Moderate Geographic Areas Affected Citywide Associated Goals Acquisition Description Economic development strategies, including business assistance, improve the local economy and expand economic opportunities. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 46 Basis for Relative Priority Eden Prairie reviewed data regarding economic development in the city. Economic development priorities established by HUD were also considered. Goals were established based upon a number of criteria, including: • Impact on a large number of low-income households • Unique needs of particular geographic areas and/or populations • Ability of CDBG funds to leverage other public and private funding • The absence (or loss) of other funding sources and/or "costs" of discontinuing funding • The past success of projects and activities in meeting the needs of their clients • The support of the community for these projects and activities Economic development activities were deemed to be a high priority by Eden Prairie and help expand economic opportunities. 7 Priority Need Name Administration Priority Level High Population Extremely Low Low Moderate Geographic Areas Affected Citywide Associated Goals Administration Description Administer the CDBG program and coordinate funding for all activities that receive funding through the City of Eden Prairie. Basis for Relative Priority The priority for program administration is high due to the high need of coordination of the city's CDBG program 8 Priority Need Name Rehab Grants Priority Level High Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 47 Population Extremely Low Low Moderate Large Families Families with Children Elderly Geographic Areas Affected Citywide Associated Goals Description Provide grants to local non profits and organizations that serve low mod income Eden Prairie residents. Basis for Relative Priority Organizations and non profits have rehabilitation needs for their buildings that are used to serve low/mod income Eden Prairie residents. 9 Priority Need Name Fair Housing Priority Level High Population Extremely Low Low Moderate Middle Geographic Areas Affected Citywide Associated Goals Fair Housing Description The city consults and works closely with the Fair Housing Implementation Council to identify and address fair housing needs throughout the metro area. The city’s Rental Housing Inspection Program and the Apartment Property Managers Group are two strategies the city uses to address these impediments. The city partners with Housing Link and Homeline to provide education for property managers on Fair Housing. Basis for Relative Priority Fair Housing is a high priority for the city due to the many issues that low/mod income renters face. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 48 Narrative (Optional) Eden Prairie set five year Priority Needs based on: • Data described throughout the plan • Regional Analysis of Impediments • Resources available to meet the priorities • Input from the Citizen Participation/consultation processes • Consideration of the high priorities already established by HUD and Consortium members, such as the Continuum of Care. The Plan uses the CDBG definitions as described below. • Extremely/Very Low-Income: Households earning up to and including 30 percent of median income. • Low-Income: Households earning between 31 percent and up to and including 50 percent median income. • Moderate-Income: Households earning between 51 percent and up to and including 80 percent of median income. Eden Prairie has established goals based on current funding resource allocations remaining constant over the 5-year period. The Priority Levels for the Needs listed above were established based on the community consultation, needs assessment, and market analysis processes described within this plan. Additionally, the historical outcomes of the City's CDBG and other housing and economic development programs contributed to the determination of priorities. The activities that are part of the 2025 Action Plan are to be completed within 12 months from the time funds are allocated to the City of Eden Prairie. The City of Eden Prairie adopts a 5 year Community Development Strategic Plan. The current strategic plan represents the City’s priorities for 2023-2027. This plan is prepared based on community needs identified through partnership with local non-profits and social service providers, City Council priorities and feedback from the City’s Quality of Life survey completed by residents every 2 years. The City Council reviews and approves the Strategic Plan which includes details regarding economic development and housing programs and initiatives along with any associated funding sources. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 49 SP-35 Anticipated Resources - 91.420(b), 91.215(a)(4), 91.220(c)(1,2) Introduction During the 2025 program year, the city anticipates receiving its annual allocation of $270,000 along with $60,000 in program income for a total available funding amount of $330,000. The city expects to receive approximately $300,000 per year in CDBG funds from 2025-2029. This includes an estimated $250,000 allocation and $50,000 of program income. Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Annual Program Prior Year Total: Amount Funds Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 250,000 50,000 0 300,000 0 The city expects to receive approximately $300,000 per year in CDBG funds. This includes an estimated $250,000 allocation and $50,000 in program income. During 2025, the city anticipates an allocation amount of $270,000 along with $60,000 in program income for a total available amount of $330,000. Table 14 - Anticipated Resources Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 50 When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own funds with the CDBG funds. If lead is found during the PIRA inspection, the homeowner will work with Hennepin County to pursue additional grant funding they may be eligible to receive. Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of purchased properties. All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require a commitment. If appropriate, describe publically owned land or property located within the state that may be used to address the needs identified in the plan N/A Discussion During the 2025 program year, the city anticipates receiving its annual allocation of $270,000 along with $60,000 in program income for a total available funding amount of $330,000. If available, the city will use excess prior year entitlement funds or program income for administration, public services, affordable housing and rehabilitation projects. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 51 SP-40 Institutional Delivery Structure - 91.415, 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Type Role Geographic Area Served EDEN PRAIRIE Government Economic Development Homelessness Non-homeless special needs Ownership Planning Rental neighborhood improvements public facilities public services Jurisdiction HENNEPIN COUNTY Government Homelessness Ownership Planning Rental Region PEOPLE REACHING OUT TO OTHER PEOPLE Subrecipient Homelessness Non-homeless special needs public services Jurisdiction SENIOR COMMUNITY SERVICES Subrecipient Non-homeless special needs public services Jurisdiction WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST Subrecipient Ownership Region Table 15 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System Hennepin County is the lead agency of the Hennepin County Consortium. Hennepin County is recognized as a capable administrator in delivering a housing and community development system that aligns with federal and county priorities with the assistance of our partner agencies and municipalities. The City of Eden Prairie is also an experienced administrator of its CDBG programs and has existing partnerships with agencies to deliver a wide range of housing and social services in order to stretch limited funding to meet as many needs as possible. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 52 A significant gap in the institutional delivery system is the need for additional private and/or non-profit developers of new affordable housing in Eden Prairie. In order to make the most impact given limited funding and the high cost of new housing construction, Eden Prairie has historically targeted its CDBG funding to the rehabilitation of affordable housing units and its First Time Homebuyer program so that a larger number of households may be assisted. When possible, Eden Prairie has partnered with private and non-profit housing developers to provide assistance for the construction of new affordable housing through local funding sources such as Tax Increment Financing, Tax Credits and Met Council LCDA grants. Because available funding sources are not sufficient to cover the entire costs of new construction, the City must rely on such partners in the private and non-profit sector. In order to address this gap, the City will continue to work with private and non-profit developers in order to find new opportunities to partner in the creation of new affordable housing, and will pursue all available local, state and federal funding sources to provide such assistance when possible. Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling/Advocacy X Legal Assistance X Mortgage Assistance X Rental Assistance X Utilities Assistance X Street Outreach Services Law Enforcement X Mobile Clinics Other Street Outreach Services Supportive Services Alcohol & Drug Abuse Child Care X Education X Employment and Employment Training X Healthcare HIV/AIDS Life Skills X Mental Health Counseling X Transportation X Other Table 16 - Homeless Prevention Services Summary Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 53 Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Hennepin County is the principal provider of these services within the Consortium jurisdictions. The County’s Family Homeless Prevention and Assistance Program (FHPAP) partners with other funding sources to coordinate service delivery and ensure families gain stable housing whether they need short term rental assistance, financial counseling, job counseling, or legal help. Prevention programs connect people with mainstream services and local nonprofit agencies that work in the area where the family lives. In particular, suburban prevention programs funded by ESG and FHPAP work with specific cities and their food shelves to ensure that families can get support in their local communities. Hennepin County social services are dispersed to "service hubs" in the northwest, west, and south suburbs. The Office to End Homelessness employed a full-time Adult Discharge Planning Coordinator to work directly with Hennepin County Corrections and the Hennepin County Medical Center to improve discharge strategies and outcomes. As a result, and the advent of the Affordable Care Act, Hennepin County has implemented Hennepin Health, which provides health insurance and wrap around social services, including housing, to Medicaid-eligible single adults. Hennepin County participates in hospital to home programming, so that homeless individuals being discharged from a hospital are provided with housing during their recuperation and help locating permanent housing. Heading Home Hennepin has also worked with County Corrections on a Transition from Jail to Community pilot to help people exiting our Adult Correctional Facility find appropriate and affordable housing. Hennepin County is committed to outreach and engagement and has a robust street outreach program. Outreach is provided at locations where homeless individuals are known to congregate, including parks, overpasses, abandoned structures, and other places not meant for human habitation. Through outreach efforts, professionals are able to develop relationships with individuals, understand their service and housing preferences, create "best practices," and recommend policy changes and resource development priorities. The bulk of outreach services to the unsheltered homeless populations are provided by: St. Stephen’s Street Outreach Program, People Incorporated - Metro Homeless Outreach Program, Hennepin County - PATH/Access, Minnesota AIDS Project and the StreetWorks Collaborative for Youth. Hennepin County has provided funding for the creation of two Opportunity Centers, which serve as one-stop-shop services centers for single adults and youth. Finally, the City of Eden Prairie's partnership with organizations like PROP, MoveFWD and Onward Eden Prairie address the needs of homeless persons in Eden Prairie. PROP helps homeless and imminently homeless families achieve housing stability through rent support, emergency assistance, case management, and employment services. PROP’s Homelessness Prevention program provides assistance to families in financial crisis to help maintain stable housing. PROP also provides wraparound services such as employment services, financial literacy education, counseling, and transportation. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 54 Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above The city of Eden Prairie has a strong coalition of service providers who work together to identify precariously housed youth, families, and individuals; and to find safe and decent housing that will prevent homelessness. • Within the homeless population, special niche populations receive services that are tailored to their specific needs. Veterans are offered veteran-specific housing as well as being eligible for permanent supportive housing if they are chronically homeless. • Our community has developed specific programming for our refugee population, which experiences unique challenges to housing, in part because of their trauma, large family size, lack of English skills, lack of recognized credentials and schooling, and barriers to integrating into American society. • Chemically-dependent single adults have both sober housing and “wet housing” available, depending on their needs and ability to maintain sobriety. • While Native Americans are less than one percent of the county’s population, they are seven percent of the homeless population and more than one quarter of the unsheltered population. Several Native American focused programs address these specific needs. • Families homeless grew dramatically during the Great Recession while single adult homelessness grew much more slowly. Funding for family homelessness has responded by redirecting some funds to rapid rehousing services, focusing on repeat shelter users, and expanding capacity to meet this need. Additional rent subsidies have become available for chronically homeless families. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs The strengths of the delivery system include a diverse and experienced base of housing, community development, and social service providers and organizations. Coordination among the state, the county, and regional and local governments has resulted in significant planning initiatives and working policy groups, such as the Hennepin County and City of Minneapolis Commission to End Homelessness, and the City County Task Force on Lead Hazard Control. One result of this coordination has been the consolidated request for proposal (RFP) issued by public and private funders statewide, including Hennepin County. Annually, the county issues its Coordinated Request for Proposals (CRFP) that includes funding from the county’s Affordable Housing Incentive Fund (AHIF), Transit Oriented Development (TOD), Supportive Housing Initiative Fund (SHIF), and Group Residential Housing (GRH), and federal funding from the HOME program and Continuum of Care of the Homeless program. These funding opportunities are further coordinated with federal Community Development Block Grant (CDBG) and Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 55 Emergency Shelter Grant (ESG) programs. Another example of the effectiveness of the coordination between the Consortium partners is the success of the Consortium in meeting the majority of the Consolidated Plan 2005-2009 goals. Hennepin County and Minneapolis’ 10 year plan to end homelessness, Heading Home Hennepin, has been a collaborative effort driven in large part by the efforts of social service agencies and faith-based organizations who have taken the lead in providing services for the chronically homeless in our community. The City and Hennepin County collaborate to identify the needs and coordinate implementation of the ESG funding through the City-County Office to End Homelessness and Heading Home Hennepin. Over the next five years, Hennepin County will implement a Coordinated Assessment process, bringing together all aspects of the continuum of homeless services into a unified process. Each person seeking homeless services will be assessed within one week for their vulnerability and people will be triaged to the most appropriate level of intervention needed to end their homelessness. The gaps that do remain in housing delivery result from the shortages of local, state and federal funding, such as rental assistance. Other gaps include remaining fragmentation of certain programs serving special needs populations. Although the consolidated RFP was noted above, a number of other funding sources continue to have separate submission requirements and deadlines. Each funding source also continues to have variations in program complexity and requirements. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 56 SP-45 Goals - 91.415, 91.215(a)(4) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Homeowner Rehabilitation 2025 2029 Affordable Housing Citywide Preserve/Create Single Family Homeownership Neighborhood Revitalization CDBG: $500,000 Homeowner Housing Rehabilitated: 30 Household Housing Unit 2 Direct Homebuyer Assistance 2025 2029 Affordable Housing Citywide Preserve/Create Single Family Homeownership CDBG: $100,000 Homeowner Housing Added: 5 Household Housing Unit 3 Senior Services 2025 2029 Non-Homeless Special Needs Non-Housing Community Development Senior Public Services Citywide CDBG: $60,000 Public service activities other than Low/Moderate Income Housing Benefit: 150 Persons Assisted 4 Public Services 2025 2029 Non-Homeless Special Needs Non-Housing Community Development Citywide Education, Outreach and Services CDBG: $200,000 Public service activities other than Low/Moderate Income Housing Benefit: 75 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 40 Households Assisted Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 57 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Youth Services 2025 2029 Non-Homeless Special Needs Citywide Education, Outreach and Services CDBG: $10,000 Public service activities other than Low/Moderate Income Housing Benefit: 5 Persons Assisted 6 Administration 2025 2029 Administration Citywide Administration CDBG: $200,000 Other: 1 Other 7 Fair Housing 2025 2029 Fair Housing Citywide Fair Housing CDBG: $10,000 Other: 1 Other 8 Rehab Grants 2025 2029 Non-Homeless Special Needs Citywide Facade treatment/business building rehabilitation: 5 Business 9 Acquisition 2025 2029 Affordable Housing Citywide Preserve/Create Single Family Homeownership Housing Opportunities for Homeless Populations Preserve/Create Multifamily Rental Opportunities Neighborhood Revitalization Economic Development CDBG: $400,000 Homeowner Housing Added: 5 Household Housing Unit 10 rental Housing Rehabilitation 2025 2029 Affordable Housing Non-Homeless Special Needs Citywide Rental units rehabilitated: 1 Household Housing Unit Table 17 – Goals Summary Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 58 Goal Descriptions 1 Goal Name Homeowner Rehabilitation Goal Description The City of Eden Prairie expects to rehabilitate six owner-occupied homes through the Housing Rehabilitation Loan Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000, depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment. The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants qualify based on their household income being at or below 80% of the Area Median Income (AMI) and the amount of equity in their home. An emergency rehab grant program will also be available for seniors to receive grants up to $7,500 to make emergency repairs to their homes. It is expected that two emergency grants will be made. 2 Goal Name Direct Homebuyer Assistance Goal Description Create single family homeownership though the First Time Homebuyer program. The city assists low-and moderate-income first time homebuyers through a down payment assistance program. The city expects to provide one First Time Homebuyer loan. Down payment assistance is an interest free deferred loan up to $25,000 that provides 50% of the required down payment, $5000 in closing costs and 10% principle reduction. Loan amounts are dependent on availability of program income funds. 3 Goal Name Senior Services Goal Description Assistance to low-and moderate-income Eden Prairie seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs) and in-home technology support to help seniors remain in their homes with dignity and safety. 4 Goal Name Public Services Goal Description Provide assistance to low-and moderate-income Eden Prairie households in danger of becoming homeless that need emergency assistance for housing costs (rent/mortgage). Provide emergency transportation assistance to low-and moderate-income Eden Prairie residents through the Emergency Vehicle Repair program. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 59 5 Goal Name Youth Services Goal Description Provide child care assistance for low/mod Eden Prairie residents. 6 Goal Name Administration Goal Description The program administration funds will be used to implement the CDBG Program for the city of Eden Prairie. 7 Goal Name Fair Housing Goal Description Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal Aid. Funds are provided to Dakota County CDA for implementation of the Fair Housing activity. 8 Goal Name Rehab Grants Goal Description Provide rehabilitation grants to non profits that serve low mod income Eden Prairie residents. This goal will be funded if excess program income is available. 9 Goal Name Acquisition Goal Description CDBG funds are used for the acquisition of affordable properties by West Hennepin Affordable Housing Land Trust (WHAHLT) and then sold to low-and moderate-income eligible buyers. WHAHLT retains ownership of the land on which the home sits, thereby assuring that it will remain an affordable property for a term of 99 years. 10 Goal Name rental Housing Rehabilitation Goal Description Capital funding for the rehabilitation of rental housing, including special needs rental housing. Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2) The HOME Investment Partnerships Program (HOME) provides formula grants to states and localities that communities use to fund building, buying, and rehabilitating affordable housing for rent or homeownership. HOME funds are also used to provide direct rental assistance to low- income people. Eden Prairie is not a direct HOME recipient. Rather, HOME funds are allocated to and coordinated by Hennepin County for affordable housing projects county-wide. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 60 Eden Prairie's CDBG housing programs are generally oriented towards the rehabilitation of the city's existing owner-occupied housing stock and first time homebuyer programs. During the 2025-2029 Consolidated Plan cycle, Eden Prairie expects to assist approximately 30 low/mod income families through the housing rehabilitation program. Of this, it is expected that 5 will be extremely low income, 10 will be low income, and 15 will be moderate income. Eden Prairie's First Time Homebuyer Program and West Hennepin Affordable Housing Land Trust are two affordable housing programs the city offers first time homebuyers to purchase an affordable housing unit in Eden Prairie. During the 2025-2029 Consolidated Plan cycle, Eden Prairie expects to assist approximately 10 families through these programs. Of this, it is expected that all 10 will be moderate income. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 62 SP-65 Lead-based Paint Hazards - 91.415, 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the home must pass a clearance test before the project is considered complete. If the clearance test does not pass, the corrections and re-testing must continue until the home does pass. This process is completed following HUD regulations and guidelines. If lead is found in the home and children are present, the city will work with the county to help the family apply for county grants in order to address the lead hazards. These grants will provide for temporary housing of the family while the work is being performed as well as paying for a portion of the lead abatement work. Once the home has passed a clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer and there are not many households that participate in the housing rehabilitation program that are built prior to 1978. How are the actions listed above integrated into housing policies and procedures? In order to comply with the Lead-Safe Housing Rule, all homes built prior to 1978 will be tested for lead through the Hennepin County Housing, Community Works and Transit Lead Hazard Control. If lead hazards are found, they must be corrected and a clearance report must be completed. This process is completed following HUD regulations and guidelines. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 63 SP-70 Anti-Poverty Strategy - 91.415, 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families As a member of the Hennepin County Consortium, the City of Eden Prairie adopts the goals and policies of the Hennepin County anti-poverty strategy. As the City of Eden Prairie resides in Hennepin County, residents are able to receive assistance through anti-poverty programs coordinated at the County level. The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families • Collaborate with and fund social service agencies in the community that assist families achieve self-sufficiency. • Partner with nonprofits to offer financial management and budgeting classes for the immigrant community, particularly who have accessed financial support in the past. • Employment assistance program to assist poverty level adults in finding jobs, particularly immigrants who have barriers with technology. • Help poverty level families find affordable housing. • Pursue microenterprise pilot program to assist poverty level families in launching small businesses. • Raise the visibility of support services in the community so that families in need can find the help they need to move out of poverty. • Educate the broader population about the needs of poverty level families in the community and hold collaborating events to work together to meet these needs and assist families in becoming self-sufficient How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan Eden Prairie believes in reducing poverty by investing in families, family development and education. Its investments in human service delivery organizations and programming evidence this. For example, the city invests in an emergency car repair program recognizing the vital need of being able to sustain and hold on to a job as a key to build wealth and be able to maintain an address. We invest in first-time homebuyers, recognizing that owning a home is perhaps the primary way of obtaining wealth for families and individuals. We partner with PROP to assist individuals in building resumes and finding jobs, recognizing that without quality employment stable housing is impossible. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 64 SP-80 Monitoring - 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements For activities carried out by subrecipients, the City enters into a subrecipient agreement with the organization. This agreement covers several items, including: a scope of services, a term for expenditure of the funds, compliance with federal regulations and record keeping. In addition to receiving reports, City staff from the office of Housing and Community Services also conduct an onsite biennial monitoring visit of each subrecipient. These onsite monitoring visits consist of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. In addition to on-site monitoring, the City performs quarterly reviews all of its active files to make certain subrecipients are expending their funds in a timely manner. As new projects and subrecipients are added the same staff from Housing and Community Services will conduct the monitoring. The primary goals of monitoring subrecipients are to: 1) Ensure production and accountability, 2) Ensure compliance with CDBG and other state and federal regulations and the subrecipient agreement, and 3) Evaluate organizational and project performance 4) Gain a better understanding of the organization The monitoring consists of review of files for compliance with federal regulations, general program review with the subrecipient, and follow-up after to ensure any problems found are being resolved. The City conducts a desk review at least two weeks prior to the site visit. All reviews, conclusions, and follow up are finalized within one month of the on-site visit, through written correspondence in order to have permanent documentation. In addition to the desk review and on-site monitoring, the City performs quarterly reviews all of its active files to make certain subrecipients are expending their funds in a timely manner. If they are not expending their funds in a timely manner, the City provides a written letter to the subrecipient reminding them of their responsibilities to timely spend the funds. During any part of the subrecipient monitoring process, if there is a deficiency found then it is noted and included as part of the final monitoring report issued. If the deficiency arises during the program year, and not during the monitoring period, written notice is given to the subrecipient of the deficiency. In Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 65 both cases a timeframe for correcting the deficiency is given (usually 30 days) at which time the City will re-review the deficiency. If there are continued problems or a serious problem, then further review is done and recommendations are made for City council action. Monitoring of all subrecipients is completed every two years, unless a subrecipient is underperforming or other concerns arise. This may cause the office of Housing and Community Services to conduct an earlier monitoring. All public service subrecipients will be monitored during FY2026. The City uses the Monitoring Checklist to ensure that all parts of the monitoring process are followed. The City uses a Subrecipient Monitoring Program On Site Review form during the monitoring. Both forms are kept in the subrecipients file at the City. On a monthly basis, the City monitors it’s CDBG allocation to ensure that it is meeting its timeliness compliance. Each program year, the City develops a spreadsheet so that it can monitor the funds it expends on a monthly basis making it easy to see how much money must be spent in order to remain in compliance and address timeliness concerns. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 66 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction During the 2025 program year, the city anticipates receiving its annual allocation of $270,000 along with $60,000 in program income for a total available funding amount of $330,000. The city expects to receive approximately $300,000 per year in CDBG funds from 2025-2029. This includes an estimated $250,000 allocation and $50,000 of program income. Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Annual Program Prior Year Total: Amount Funds Allocation: Income: $ Resources: $ Available $ $ Remainder of ConPlan $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 270,000.00 60,000.00 0.00 330,000.00 0.00 The city expects to receive approximately $300,000 per year in CDBG funds. This includes an estimated $250,000 allocation and $50,000 in program income. During 2025, the city anticipates an allocation amount of $270,000 along with $60,000 in program income for a total available amount of $330,000. Table 18 - Expected Resources – Priority Table Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 67 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own funds with the CDBG funds. If lead is found during the PIRA inspection, the homeowner will work with Hennepin County to pursue additional grant funding they may be eligible to receive. Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of purchased properties. All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require a commitment. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 68 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A Discussion During the 2025 program year, the city anticipates receiving its annual allocation of $270,000 along with $60,000 in program income for a total available funding amount of $330,000. If available, the city will use excess prior year entitlement funds or program income for administration, public services, affordable housing and rehabilitation projects. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 69 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Homeowner Rehabilitation 2025 2029 Affordable Housing Citywide Preserve/Create Single Family Homeownership CDBG: $120,000.00 Homeowner Housing Rehabilitated: 8 Household Housing Unit 2 Direct Homebuyer Assistance 2025 2029 Affordable Housing Citywide CDBG: $20,000.00 Homeowner Housing Added: 1 Household Housing Unit 3 Senior Services 2025 2029 Non-Homeless Special Needs Non-Housing Community Development Senior Public Services Citywide Education, Outreach and Services CDBG: $15,000.00 Public service activities other than Low/Moderate Income Housing Benefit: 45 Persons Assisted 4 Public Services 2025 2029 Non-Homeless Special Needs Non-Housing Community Development Citywide Education, Outreach and Services CDBG: $38,000.00 Public service activities other than Low/Moderate Income Housing Benefit: 8 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 13 Households Assisted Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 70 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Fair Housing 2025 2029 Fair Housing Citywide Fair Housing CDBG: $2,000.00 Other: 1 Other 6 Administration 2025 2029 Adminstration Citywide Administration CDBG: $50,000.00 Other: 1 Other 7 Rehab Grants 2025 2029 Non-Homeless Special Needs Citywide Neighborhood Revitalization CDBG: $5,000.00 Facade treatment/business building rehabilitation: 1 Business 8 Acquisition 2025 2029 Affordable Housing Citywide Preserve/Create Single Family Homeownership CDBG: $80,000.00 Homeowner Housing Added: 2 Household Housing Unit Table 19 – Goals Summary Goal Descriptions 1 Goal Name Homeowner Rehabilitation Goal Description The City of Eden Prairie expects to rehabilitate six owner-occupied homes through the Housing Rehabilitation Loan Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000, depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment. The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants qualify based on their household income being at or below 80% of the Area Median Income (AMI) and the amount of equity in their home. An emergency rehab grant program will also be available for seniors to receive grants up to $7,500 to make emergency repairs to their homes. It is expected that two emergency grants will be made. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 71 2 Goal Name Direct Homebuyer Assistance Goal Description Create single family homeownership though the First Time Homebuyer program. The city assists low-and moderate-income first time homebuyers through a down payment assistance program. The city expects to provide one First Time Homebuyer loan. Down payment assistance is an interest free deferred loan up to $25,000 that provides 50% of the required down payment, $5000 in closing costs and 10% principle reduction. Loan amounts are dependent on availability of program income funds. 3 Goal Name Senior Services Goal Description Assistance to low-and moderate-income Eden Prairie seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs) and in-home technology support to help seniors remain in their homes with dignity and safety. 4 Goal Name Public Services Goal Description Provide assistance to low-and moderate-income Eden Prairie households in danger of becoming homeless that need emergency assistance for housing costs (rent/mortgage). Provide emergency transportation assistance to low-and moderate-income Eden Prairie residents through the Emergency Vehicle Repair program. 5 Goal Name Fair Housing Goal Description Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal Aid. Funds are provided to Dakota County CDA for implementation of the Fair Housing activity. 6 Goal Name Administration Goal Description The program administration funds will be used to coordinate the CDBG Program for the city of Eden Prairie. 7 Goal Name Rehab Grants Goal Description Provide rehabilitation grants to non profits that serve low mod income Eden Prairie residents. This goal will be funded if excess program income is available. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 72 8 Goal Name Acquisition Goal Description CDBG funds are used for the acquisition of affordable properties by West Hennepin Affordable Housing Land Trust (WHAHLT) and then sold to low-and moderate-income eligible buyers. WHAHLT retains ownership of the land on which the home sits, thereby assuring that it will remain an affordable property for a term of 99 years. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 73 AP-35 Projects - 91.420, 91.220(d) Introduction As determined at the March 18, 2025 public hearing, and adopted by Eden Prairie City Council Resolution No. 2025-, the city of Eden Prairie will undertake activities related to housing rehabilitation, homebuyer assistance, public services, fair housing and program administration. # Project Name 1 Housing Rehabilitation 2 Affordable Housing 3 Family Public Services 4 Senior Services 5 Fair Housing 6 Program Administration 7 Rehab Grants Table 20 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities above were established based on the priorities and needs identified in the 2025- 2029 Consolidated Plan. At a public hearing held by the Eden Prairie City Council on March 18, 2025 and through Eden Prairie Resolution No. 2025, the city has allocated its 2025 CDBG funds. The focus of the allocation continues to be on housing rehabilitation and affordable housing initiatives. The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and provide assistance for those who have underserved needs. The City will continue to be in contact with these agencies to learn about the underserved need in the community and how the City can help meet these needs. Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs, including services for low-and moderate-income seniors, individuals and families. The city also participates in fair housing activities, housing rehabilitation and affordable housing programs. The city works with public, private, nonprofit and private industry partners to accomplish its community development goals using CDBG and other funding sources. In an effort to further the city's efforts in assisting low-and moderate-income households, the following are additional actions in which the city provides or participates in. The proposed actions the City of Eden Prairie will take to reduce the number of persons below the Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 74 poverty line are seen in the public services programs the city funds, both with general funds and CDBG funds, which promote self-sufficiency. Funded public service programs such as the vehicle repair program, the emergency housing assistance program, Meals on Wheels, and the HOME program have the common theme of helping people become or remain self sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall below the poverty line. An obstacle to meeting underserved needs the City has encountered has been a lack of affordable housing for potential homebuyers in its First Time Homebuyer Program. Due to the current housing market in the area, the City has encountered a lack of available housing in the price range that is within reach of young families and individuals who qualify for mortgages in the range of $300,000 - $400,000. The rising interest rates and lack of single family homes has become a barrier to first time homebuyers looking to purchase a home in Eden Prairie using the First Time Homebuyer Program. A lack of affordable housing stock on the market has also been a barrier to WHAHLT securing affordable properties in Eden Prairie. WHAHLT has secured additional funding through a Met Council grant to purchase two single family homes in Eden Prairie. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 75 AP-38 Project Summary Project Summary Information 1 Project Name Housing Rehabilitation Target Area Citywide Goals Supported Homeowner Rehabilitation Needs Addressed Preserve/Create Single Family Homeownership Funding CDBG: $120,000.00 Description Housing rehabilitation including energy efficiency repairs for low-and moderate-income Eden Prairie homeowners. The rehabilitation loan program provides up to $30,000, depending on availability of funds, for eligible repairs through an interest free, deferred loan that is forgiven after twenty years. These loans are offered in an effort to help maintain the condition of housing and neighborhoods in Eden Prairie. An emergency rehab grant program will also be available for seniors to receive grants up to $7,500 to make emergency repairs which to their homes Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities Housing Rehab Program - six low-and moderate-income Eden Prairie households Emergency Repair Program - two low-and moderate-income Eden Prairie senior households Location Description This is a city wide program. Planned Activities Housing Rehabilitation 2 Project Name Affordable Housing Target Area Citywide Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 76 Goals Supported Direct Homebuyer Assistance Acquisition Needs Addressed Preserve/Create Single Family Homeownership Funding : Description Funding for down payment assistance for low-and moderate-income first time home buyers. The Eden Prairie First Time Homebuyer Program offers a zero interest, deferred loan up to $25,000 with the city of Eden Prairie holding a second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of purchasing a home by providing assistance with down payment, closing costs, and mortgage principle reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within the first 30 years. After 30 years, the loan becomes due and payable. CDBG funds are used for acquisition of an affordable property by West Hennepin Affordable Housing Land Trust (WHAHLT) and then sold to a low-and moderate-income eligible buyer. WHAHLT retains ownership of the property on which the home sits, thereby assuring that it will remain an affordable property for a term of 99 years. Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities One low/moderate income household will benefit with first time homebuyer assistance. Two low/moderate income households will benefit with the acquisition of affordable housing. Location Description These programs are available citywide to low-and moderate-income households. Planned Activities First time homebuyer down payment assistance for one low/mod income household WHAHLT - affordable housing acquisition to be sold to two low/mod income first time homebuyer households 3 Project Name Family Public Services Target Area Citywide Goals Supported Public Services Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 77 Needs Addressed Education, Outreach and Services Funding CDBG: $38,000.00 Description The Homeless Prevention program provides one to three months of emergency mortgage and rent payments for low-and moderate-income Eden Prairie families facing a housing crisis. The goal of the program is to prevent homelessness and to stabilize families in their homes and alleviate a financial crisis. The Car Repair program helps low-and moderate-income Eden Prairie residents maintain self sufficiency by assisting with the costs of repairs to their vehicles. This enables residents to maintain their transportation and continue working. Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities Emergency housing - 13 households Emergency Car Repair - 8 individuals Location Description These programs are available citywide to low-and moderate-income households. Planned Activities Emergency rent/mortgage assistance and emergency car repair assistance 4 Project Name Senior Services Target Area Citywide Goals Supported Senior Services Needs Addressed Education, Outreach and Services Funding CDBG: $15,000.00 Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 78 Description Senior Community Services helps maintain independence for elders and avoid premature nursing home placement by providing low-and moderate-income older adults with high-quality chore and home maintenance services delivered by trusted professionals and community volunteers. HOME services are provided on a sliding-fee scale at an affordable cost, and include: 1) Housekeeping: housework that is often difficult for older adults to safely perform such as cleaning, laundry and grocery shopping. 2) Outdoor: snow shoveling and de-icing, grass cutting and leaf raking, helping to prevent winter senior falls. 3) Handyperson: changes furnace filters, install winter weatherization, and make plumbing, carpentry and electrical repairs. 4) Home Safety: safety assessments and make improvements, such as grab bars and improved lighting, and reduce tripping hazards. 5) Painting: interior and exterior painting. 6) Technology Support Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities 45 low/mod income seniors will receive chore service benefits Location Description This program is available citywide to low-and moderate-income households. Planned Activities Provide maintenance and chore assistance to seniors 5 Project Name Fair Housing Target Area Citywide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $2,000.00 Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 79 Description The City is an active member of the Fair Housing Implementation Council (FHIC), a coalition comprised of the counties of Anoka, Dakota, Hennepin, Ramsey and Washington; the Metro HRA (Metropolitan Council); the Community Development Agencies of Scott and Carver counties; and the cities of Bloomington, Eden Prairie, Minneapolis, Minnetonka, Plymouth, Coon Rapids, Saint Paul and Woodbury. A second coalition, the Fair Housing Advisory Committee (FHAC), was formed to incorporate feedback from the community and a HUD technical services provider to inform and improve the regional Analysis of Impediments. The scope of work includes both informing those most likely to experience discrimination of their fair housing rights, and also connecting them with government decision-makers to address barriers to fair housing. Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities Low/mod income Eden Prairie residents will benefit from the Fair Housing Implementation Council's (FHIC) work to identify and eliminate barriers to Fair Housing. The FHIC's work includes outreach, education and enforcement activities. This work is not measured in number of people served, but is designed to help as many people as possible experience a better quality of life. Location Description Citywide Planned Activities The city of Eden Prairie will participate in and help to fund fair housing activities through the Fair Housing Implementation Council, which provides support for fair housing activities. Activities include education for property managers, staff training community outreach and referral to Legal Aid. Funds are provided to Hennepin County for implementation of the fair housing activity. 6 Project Name Program Administration Target Area Citywide Goals Supported Administration Needs Addressed Administration Funding CDBG: $50,000.00 Description Implement and coordinate the CDBG program. Target Date 6/30/2026 Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 80 Estimate the number and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities 7 Project Name Rehab Grants Target Area Citywide Goals Supported Rehab Grants Needs Addressed Rehab Grants Funding CDBG: $5,000.00 Description If excess program income funds are available, the city may use a portion of these funds to provide rehab grants to non-profits who serve low mod income Eden Prairie residents to make needed repairs to their facilities. Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities If excess program income funds are available, the city may use a portion of these funds to provide rehab grants to non-profits who serve low mod income Eden Prairie residents to make needed repairs to their facilities. Location Description Citywide Planned Activities Provide grants to non-profits that serve low/mod income Eden Prairie residents to rehab their facilities. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 81 AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed All programs will be provided on a city-wide basis and will be directed to low/mod income Eden Prairie residents. Geographic Distribution Target Area Percentage of Funds Citywide 100 Table 21 - Geographic Distribution Rationale for the priorities for allocating investments geographically Because there are no concentrations of poverty or other significant factors, all programs are available city-wide. Discussion Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 82 AP-85 Other Actions - 91.420, 91.220(k) Introduction Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs, including services for seniors, youth and families. The city also participates in fair housing activities, housing rehabilitation and affordable housing programs. The city works with public, private, non-profit and private industry partners to accomplish its community development goals using CDBG and other funding sources. In an effort to further the city's efforts in assisting low and moderate income households, the following are additional actions in which the city provides or participates in. Actions planned to address obstacles to meeting underserved needs The City will continue to identify obstacles, such as lack of affordable housing, to address unmet and underserved community needs and support the goals established in the Aspire 2040 Consolidated Plan that benefit residents throughout the life cycle. The City’s approach to meeting these affordable housing needs includes, as one example, assisting renters in purchasing homes by providing down payment and closing cost assistance combined with counseling and education to low-and moderate- income families. The City also works to preserve and expand the supply of decent, safe, and affordable housing, by providing financial assistance for rehabilitation and repair of owner-occupied units to low- and moderate-income families. In addition, the City works closely with the West Hennepin Affordable Housing Land Trust (aka Homes Within Reach) to bring homeownership within reach for lower-income households. The city is currently partnering with WHAHLT to expend a grant of $160,000 from the Metropolitan Council to further these efforts. Activities such as the City’s first-time homebuyer program and its community land trust investments disproportionately serve households of color, meeting a dramatically unserved need across the region and state. The city applied to Hennepin County for a broadband grant aimed at bringing down the costs of and increasing access to high quality internet services targeted to Project-Based Section 8 and other low-income properties serving many BIPOC and elderly households, this effort will help narrow the educational and logistical gaps between well-served households and those having to make do with low speeds or who even lack basic access. Finally, as articulated below, Eden Prairie secures affordability in all new developments via its inclusionary housing ordinance. This includes serving vulnerable populations such as seniors moving into assisted living and memory care. In 2025, the city will be introducing a First Generation Homebuyer Program funded through Local Affordable Housing Aid. The basic premise of a first-generation homebuyer loan is simple: make it easier for those who’ve never owned before a chance by offering increased downpayment and closing cost assistance (monies many households have difficulty putting together) to make buying a home possible. The underlying goal is to narrow the homeownership gap, so while these loans would be available to anybody fitting the eligibility criteria, importantly they tend to boost BIPOC participation. The basic premise of a first-generation homebuyer loan is simple: make it easier for those who’ve never owned before a chance by offering increased downpayment and closing cost assistance (monies many households have difficulty putting together) to make buying a home possible. The underlying goal is to Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 83 narrow the homeownership gap, so while these loans would be available to anybody fitting the eligibility criteria, importantly they tend to boost BIPOC participation. Actions planned to foster and maintain affordable housing The City, at the Council’s direction, sponsored a Housing Task Force several years ago charged with presenting a range of program and policy options to City leadership. The diverse members tackled a range of policy areas and presented its findings to the City Council. Representing a wide range of disciplines the Task Force made recommendations on several items, including formalizing an inclusionary policy (now a functional local ordinance requiring affordability contributions in near all new multifamily housing developments), creating an affordable housing trust fund (now created), developing an inventory and strategies for preservation of NOAH properties, and recently passed a tenant protection ordinance. This last item, as well as ongoing participation in the regional Fair Housing Implementation Council (which recently released a RFP aimed at narrowing the homeownership gap and increasing general access to affordable housing), aim to protect and empower residents in seeking affordable housing. The City also continues to pursue affordable housing development opportunities primarily through the use of tax increment financing (TIF) and its inclusionary housing ordinance. While TIF is a commonly used tool in multifamily developments in the City, a substantial reserve of flexible ‘pooled TIF’ dollars have been slated for use for preserving NOAH properties or for development around one of the four new transit stations to be built in conjunction with expansion of the green line light rail transit line which terminates with four stops in Eden Prairie. While the City’s preference is to mix incomes in developments, mostly or fully affordable properties are seen as especially worthwhile to pursue in LRT station areas due to the array of services that tend to cluster when these areas develop. While development interest overall has slowed some with rising interest rates and the current inflationary environment, construction is complete at the 274-unit Paravel complex and at the 220-unit Ellie Apartments, and nearing commencement of construction at the 425-unit GTS Multifamily Housing development in the Golden Triangle station area. Each of these TIF-funded developments will for 26 years be 20% affordable to households at or below 50% of the area median income, and additionally will feature 5% affordable to households at or below 80% of the area median in perpetuity. Eden Prairie is the only regional city to formally require affordability in perpetuity. Actions planned to reduce lead-based paint hazards Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the home must pass a clearance test before the project is considered complete. If the clearance test does not pass, the corrections and re-testing must continue until the home does pass. This process is completed following HUD regulations and guidelines. If lead is found in the home and children are Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 84 present, the city will work with the county to help the family apply for county grants in order to address the lead hazards. These grants will provide for temporary housing of the family while the work is being performed as well as paying for a portion of the lead abatement work. Once the home has passed a clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer and there are not many households that participate in the housing rehabilitation program that are built prior to 1978. Actions planned to reduce the number of poverty-level families The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families • Collaborate with and fund social service agencies in the community that assist families toward self-sufficiency. • Partner with nonprofits to offer financial management and budgeting classes for the immigrant community, particularly who have accessed financial support in the past. • Employment program to assist poverty level adults in finding jobs, particularly immigrants who have barriers with technology. • Provide assistance to help poverty level families find affordable housing. • Participate in the Open to Business program to help families start their own small businesses. • Raise the visibility of support services in the community so that families in need can find the help they need to move out of poverty. • Educate the broader population about the needs of poverty level families in the community and holding collaborating events to work together to meet these needs and assist families in becoming self-sufficient Actions planned to develop institutional structure The city of Eden Prairie is already working with many of the public service agencies that serve the community. These agencies receive general fund grants from the city as well as CDBG grants. The organizations work together as part of a larger, broad-based effort. Since these relationships are working well, there are no planned changes. Actions planned to enhance coordination between public and private housing and social service agencies The City uses its CDBG funding, pooled TIF funds and general fund monies to coordinate services with a host of agencies serving households at a variety of low and moderate income levels. The Southwest Rail Light Rail Transit (SWLRT) project has begun. The City’s investment in the Elevate project, a 222- unit apartment complex, is complete and has 20% affordable units. The City is also active in working with peer cities along the line, exploring tools for creating or maintaining affordability such as inclusionary housing policies and preserving naturally-occurring affordable housing (NOAH), and continues to refine its own practices surrounding its use of tools such as tax increment financing (TIF) Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 85 and housing revenue bonds. The City completed its Comp Plan update, Aspire 2040, which articulates the City’s vision for housing, examines needs within the specified income bands of <30%, <50% and <80% AMI, and describes the financial and technical tools it can use to help achieve its vision and reach its goals. Aspire incorporates significant feedback from the community and includes in-depth focus on the special needs of seniors. Discussion Eden Prairie will continue to use its scarce resources to operate programs that maintain the existing housing stock, create new opportunities for low and moderate income households, support existing programs that remove barriers to affordable housing, build long-term affordability into market rate developments, and participate in regional opportunities to address affordable housing issues. The city will continue its broad policy objective of making housing affordable citywide. Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 86 Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 60,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 60,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Consolidated Plan OMB Control No: 2506-0117 (exp. 09/30/2021) EDEN PRAIRIE 87 Discussion Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 2025 CDBG Public Service Summary Type of Funds Activity Agency 2024 Funding 2025 Request 2025 HSRC Description Clients Served 2024* Projected Clients 2025 Public Service Emergency Housing Assistance PROP $35,000 $45,000 $27,000 Emergency financial assistance for rent/mortgage payments to prevent homelessness. 16 Households 13 Households Public Service Vehicle Repair PROP $8,000 $11,000 $11,000 Vehicle repair for low-income Eden Prairie families. Pay 75% of repair costs up to $2,000 per low/mod income household. 6 Residents 8 Residents Senior Services Household Services for seniors Senior Comm. Services (HOME) $12,000 $15,000 $15,000 Provide maintenance, chore and technology services to residents 60 and older 31 Households 45 Households TOTAL $55,000 $71,000 $53,000 Public Service funds available for 2025 - $53,000 *Clients served 7/1/2024-12/31/2024 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION APPROVING THE ALLOCATION OF FISCAL YEAR 2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 18, 2025, to obtain the views of citizens on the proposed use of $270,000 in entitlement grant funding plus $60,000 in program income funds for the 2025 CDBG program year. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity and not necessarily expenses related to the activity generating the income. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Community Development Block Grant program and authorizes and directs the Mayor and the City Manager to execute Subrecipient and Third-Party agreements on behalf of the City. BE IT FURTHER RESOLVED that if there is a decrease in the estimated allocation amount and the public service cap is reached, any amount over the 15% will be deducted equally from all public service activities. After this adjustment has been made, if there is an increase or decrease in the estimated allocation amount for the 2025 CDBG fiscal year, the Housing Rehabilitation Deferred Loan Program activity will be increased or decreased accordingly. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to apply for 2025 Community Development Block Grant Funds and that the City Manager is authorized to execute on behalf of the City; the Application for Federal Assistance, Form SF424 submitted with the Action Plan, the HUD Funding/Approval form and all Certifications and other documents required in connection therewith. Public Service Activities Funding Level PROP (Housing Support Services) $27,000 PROP (Emergency Vehicle Repair) $ 11,000 HOME (Household & Outside Maintenance for the Elderly) $15,000 Subtotal $53,000 Housing Activities Funding Level Housing Rehabilitation Deferred Loan Program $120,000 Rehab Grants $5,000 Affordable Housing - WHAHLT $80,000 Affordable Housing – First Time Homebuyer $20,000 Fair Housing Initiative $2,000 Program Administration $50,000 Total $330,000 BE IT FURTHER RESOLVED that all unexpended prior year CDBG funds unallocated due to program income received will be used to fund the homeowner rehab program, affordable housing programs or program administration in 2025, unless otherwise reallocated by the city council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of March 2025. ____________________________ Ronald A Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Mar 18, 2025 Section: Payment of Claims Item Number: IX. Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (roll call vote). SUMMARY Checks 316018 - 316317 Wire Transfers 11170 - 11197 PCard 11197 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 3/18/2025 Divison Amount Divison Amount 000 General Total 109,432 315 Economic Development Total 4,552 100 City Manager Total 660 509 CIP Fund Total 67,735 101 Legislative Total 733 513 CIP Pavement Management Total 348,670 102 Legal Counsel Total 44,471 526 Transportation Fund Total 419,431 110 City Clerk Total 1,403 541 Dell Rd (Crestwood to CSAH 61) Total 44,816 111 Customer Service Total 8,171 543 Police Remodel Total 16,583 112 Human Resources Total 1,225 544 Shady Oak (FCD to Valley View) Total 14,731 113 Communications Total 709 804 100 Year History 5 114 Benefits & Training Total 1,205 Total Capital Projects Fund 916,522 130 Assessing Total 131 131 Finance Total 210 601 Prairie Village Liquor Total 83,132 133 Planning Total 1,229 602 Den Road Liquor Total 191,401 136 Public Safety Communications Total 3,381 603 Prairie View Liquor Total 106,726 137 Economic Development Total 130 605 Den Road Building Total 1,122 138 Community Development Admin. Total 50 701 Water Enterprise Fund Total 134,516 150 Park Administration Total 875 702 Wastewater Enterprise Fund Total 64,345 151 Park Maintenance Total 108,297 703 Stormwater Enterprise Fund Total 5,708 153 Organized Athletics Total 4,010 Total Enterprise Fund 586,951 154 Community Center Total 23,504 156 Youth Programs Total 2,997 802 494 Commuter Services Total 27,223 158 Senior Center Total 3,345 807 Benefits Fund Total 629,762 159 Recreation Administration Total 320 809 Investment Fund Total 5,289 160 Therapeutic Recreation Total 502 812 Fleet Internal Service Total 306,106 162 Arts Total 4,328 813 IT Internal Service Total 118,554 163 Outdoor Center Total 1,774 814 Facilities Capital ISF Total 46,275 168 Art Center Total 1,765 815 Facilities Operating ISF Total 61,720 180 Police Sworn Total 58,249 816 Facilities City Center ISF Total 14,115 184 Fire Total 30,099 817 Facilities Comm. Center ISF Total 88,785 186 Inspections Total 2,991 818 Dental Insurance Total 3,691 200 Engineering Total 1,825 201 Street Maintenance Total 6,859 Total Internal Svc/Agency Fund 1,301,519 202 Street Lighting Total 1,592 Total General Fund 426,470 Report Total 3,231,678 301 CDBG Total 214 Total Special Revenue Fund 214 City of Eden Prairie Council Check Register 3/18/2025 Check Amount Supplier / Explanation Account Description Business Unit Comments 316019 397,064 NEW LOOK CONTRACTING INC Improvement Contracts Transportation Fund Franlo & Prairie Ctr Dr Intersection 11192(E)323,788 UKG INC Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.21.25 316136 317,648 NORTHWEST ASPHALT Improvement Contracts CIP Pavement Management Prairie Ctr Drive Pavement Rehab 11193(E)240,587 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.07.25 316096 146,830 IRON VALLEY EQUIPMENT & MFG Machinery & Equipment Fleet-Park & Rec New Equipment - 409 316112 129,927 LOGIS Software Various Funds Q1 2025 Finance/Utility ERP Software 11194(E)117,148 MINNESOTA DEPT OF REVENUE Due to Other Governments Various Funds Salex Tax Jan 2025 11197(E)98,374 USB-PURCHASING CARD Various Various Funds 316171 96,357 TENVOORDE FORD, INC.Autos Fleet-Police & Fire 316199 79,813 ASIAN PLAZA PROPERTY LLC Deposits Escrow Fund 316314 79,600 XCEL ENERGY Electric Various Funds 316153 57,358 SHADYWOOD TREE EXPERTS INC OCS-Other Contracted Services Tree Removal 316051 49,787 CENTERPOINT ENERGY Gas Various Funds 316123 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes Fees Utility Operations - General 316240 46,677 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 316022 46,048 ADVANCED ENGINEERING & ENVIROMENTAL SERV Process Control Services Wastewater Lift Station 316161 45,753 SRF CONSULTING GROUP INC Design & Engineering CIP Pavement Management 316313 44,816 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61) 316249 43,968 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 316173 40,238 THINKG DIGITAL SIGNS OCS-Other Contracted Services Capital Maint. & Reinvestment 11188(E)34,227 EMPOWER Deferred Compensation Health and Benefits 316292 30,889 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 316208 30,221 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 316043 27,098 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 316062 26,553 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 316274 24,425 PETERSON SHEET METAL INC OCS-Other Contracted Services Facilities Capital 316098 22,306 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 11189(E)21,903 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 316270 21,850 NEW LINE MECHANICAL INC OCS-Other Contracted Services Facilities Capital 316163 21,578 STALKER RADAR Capital Under $25,000 Transportation Fund 316159 20,078 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 316090 19,750 HENNEPIN HEALTHCARE Conference/Training Police Sworn 316261 17,518 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 316127 17,080 MN MAINTENANCE EQUIPMENT INC Machinery & Equipment Fleet Operating 11185(E)16,863 PAYCHEX Wages & Benefits 494 Corridor Commission 316039 16,583 BKV GROUP OCS-Other Contracted Services Police Remodel 316238 15,985 GRAYMONT Chemicals Water Treatment 316212 12,475 CENTERPOINT ENERGY Gas Various Funds 316174 11,369 TOTAL MECHANICAL SERVICES OCS - HVAC Park Shelters 316045 9,807 BREAKTHRU BEVERAGE MN WINE & SPIRITS 316140 9,750 PHILLIPS WINE AND SPIRITS INC 316209 9,012 BREAKTHRU BEVERAGE MN WINE & SPIRITS 316210 8,960 CAPITOL BEVERAGE SALES LP 316083 8,150 GRAYMONT 316307 8,013 VERIZON WIRELESS 316029 7,901 ASPEN MILLS 316197 7,037 ARTISAN BEER COMPANY 316048 6,837 CAPITOL BEVERAGE SALES LP 316242 6,752 GYM WORKS 316275 6,600 PHILLIPS WINE AND SPIRITS INC 316069 6,407 EMERGENCY TECHNICAL DECON 316185 5,773 WM CORPORATE SERVICES INC 316028 5,744 ARTISAN BEER COMPANY 11170(E)5,543 U.S. BANK - I-494 PURCH. CARD 316310 5,525 WALL TRENDS INC 316139 5,289 PFM ASSET MANAGEMENT LLC 316142 5,272 PITNEY BOWES BANK INC RESERVE ACCOUNT 316287 5,128 SHADYWOOD TREE EXPERTS INC 316273 5,074 PAUSTIS & SONS COMPANY 316129 4,610 MOST DEPENDABLE FOUNTAINS 316316 4,600 CASTRO CLEANING LLC 316216 4,593 CLEAR RIVER BEVERAGE CO 316177 4,378 VAN PAPER COMPANY 316110 4,160 LEAST SERVICES COUNSELING 316092 4,119 HOHENSTEINS INC 316156 4,025 SITEONE LANDSCAPE SUPPLY, LLC 316119 3,959 METRO SALES INCORPORATED* 316282 3,937 SAFEASSURE CONSULTANTS INC 316243 3,934 HOHENSTEINS INC 316244 3,852 IMPACT PROVEN SOLUTIONS 316060 3,759 DG MINNESOTA CS 2021 LLC 11175(E)3,691 HEALTHPARTNERS 316169 3,626 T-MOBILE 316183 3,467 WINE MERCHANTS INC 316111 3,451 LITTLE FALLS MACHINE INC 316312 3,325 WINE MERCHANTS INC 316134 3,079 NAC 316228 2,969 FASTENAL COMPANY 316115 2,957 MACQUEEN EQUIPMENT INC 316301 2,880 SYSCO WESTERN MINNESOTA 316150 2,826 RHOMAR INDUSTRIES, INC. 316091 2,820 HINTERLAND CSG LLC 316191 2,790 ZIEGLER INC 316073 2,694 FIRE SAFETY USA INC 316224 2,694 ELECTRIC PUMP LLC 316144 2,685 PRAIRIE ELECTRIC COMPANY 316082 2,657 GRAINGER 316032 2,487 BARR ENGINEERING COMPANY 11190(E)2,422 PERA 316138 2,395 PETERSON COUNSELING AND CONSULTING LLC 316050 2,393 CDW GOVERNMENT INC. 316088 2,328 HENNEPIN COUNTY TREASURER 316089 2,294 HENNEPIN COUNTY TREASURER 316158 2,277 SOBANIA COMMUNITY SOLAR 316296 2,261 STANTEC CONSULTING SERVICES INC 316053 2,199 CLEAR RIVER BEVERAGE CO 316067 2,143 ELLIE MULTIFAMILY PROPERTY LLC 316256 2,118 LITTLE FALLS MACHINE INC 316311 1,943 WINE COMPANY, THE 316195 1,938 ALLEGRA PRINTING 316227 1,920 ESS BROTHERS & SONS INC 316172 1,848 TGA OF CENTRAL HENNEPIN COUNTY 316246 1,800 JAKE SULLIVAN 316121 1,761 MINNESOTA AIR INC 316218 1,674 CORE & MAIN 11173(E)1,643 WEX 316231 1,612 FIRE SAFETY USA INC 316116 1,581 MCCORMICK INSULATION INC 316260 1,536 MACQUEEN EQUIPMENT INC 316300 1,535 STREICHERS 316063 1,533 DODGE OF BURNSVILLE 316202 1,477 BELLBOY CORPORATION 316023 1,473 AIRGAS USA LLC 316137 1,469 PAUSTIS & SONS COMPANY 316188 1,440 YORKTOWN OFFICES 11195(E)1,371 WEX 316263 1,360 MEDICINE LAKE TOURS 316047 1,358 BROTHERS FIRE PROTECTION 316146 1,357 PRECISE MRM LLC 316105 1,284 KELE INC 316108 1,273 KRISS PREMIUM PRODUCTS INC 316149 1,220 R & R SPECIALTIES OF WISCONSIN INC 316040 1,200 BLASTER MASTER 316203 1,150 BLOOMINGTON, CITY OF 316283 1,110 SAMBATEK INC 11178(E)1,102 WEX 316037 1,086 BIFFS INC 316182 1,080 WILD MIND ALES LLC 316168 1,077 SYSCO WESTERN MINNESOTA 316074 1,068 FLEETPRIDE INC 316258 1,050 LYNDE'S RESTAURANT AND CATERING 316230 1,032 FERRELLGAS 316213 1,004 CENTURYLINK 316317 1,000 TAILER BENSON 316095 977 IAFC 316114 973 LUPULIN BREWING COMPANY 316232 958 FIRST ARRIVING IO INC 11182(E)954 WEX 316087 940 HENNEPIN COUNTY CHIEFS OF POLICE 316155 924 SHORT ELLIOTT HENDRICKSON INC 316245 883 INSIGHT BREWING COMPANY LLC 316268 879 MODIST BREWING COMPANY 316264 876 MENARDS 316291 873 SOLUTION BUILDERS 316304 847 TWIN CITIES DOTS AND POP LLC 316093 844 HOME DEPOT CREDIT SERVICES 316109 820 LAVAN FLOOR COVERING 316125 815 MINNESOTA NATIVE LANDSCAPES 316200 794 ASPEN MILLS 11181(E)769 WEX 316118 755 MENARDS 316107 750 KORI SHINGLES 316187 749 XCEL ENERGY 316239 734 GREAT LAKES COCA-COLA DISTRIBUTION 316034 715 BELLBOY CORPORATION 316166 702 STREICHERS 316145 698 PRAIRIE LAWN AND GARDEN 316133 666 MULCAHY COMPANY INC 316207 646 BOURGET IMPORTS 316223 644 EICHMAN NATHAN 316277 639 POMP'S TIRE SERVICE INC 316266 614 MINNESOTA EQUIPMENT 316309 607 VINOCOPIA 316280 600 REACH 11176(E)591 WEX 11180(E)591 WEX 316072 590 FIELD TRAINING SOLUTIONS 316027 589 APPLE FORD SHAKOPEE 316180 582 WATER CONSERVATION SERVICES INC 316167 573 SUMMIT FIRE PROTECTION 316252 572 JOHNSON, PHILLIP 316305 564 UNMAPPED BREWING CO 316059 559 DEALER AUTOMOTIVE SERVICES INC 316079 550 GERTENS 316267 537 MINNESOTA VALLEY ELECTRIC COOPERATIVE 316302 534 THE OASIS GROUP 316179 532 VINOCOPIA 11196(E)529 WEX 316031 527 BARNA, GUZY & STEFFEN ,LTD 316143 513 POMP'S TIRE SERVICE INC 316219 513 DANGEROUS MAN BREWING CO LLC 316225 500 ELM CREEK BREWING COMPANY 11191(E)491 UKG INC 316064 465 DOMACE VINO LLC 316178 460 VESTIS SERVICES LLC 316234 456 FLYING CLOUD TRANSFER STATION 4553 316255 452 LANO EQUIPMENT INC 316035 441 BERGMAN LEDGE LLC 316262 439 MAVERICK WINE LLC 316298 433 STAVE NOAH 316271 430 OXYGEN SERVICE COMPANY 316229 425 FERGUSON WATERWORKS 316152 420 RISE RIGHT LLC 11174(E)420 BPAS 316094 418 HOUSTON ENGINEERING INC 316075 410 FORCE AMERICA 316101 406 JOHNSON CONTROLS 316214 395 CENTURYLINK 316066 387 ECM PUBLISHERS INC 316147 387 PRYES BREWING COMPANY 316078 385 GAS TANK RENU OF MINNESOTA 316084 385 GREAT LAKES COCA-COLA DISTRIBUTION 316194 378 ACME TOOLS 316085 370 GREATAMERICA FINANCIAL SVCS 316021 368 ACME TOOLS 316175 362 UKG INC 316026 356 AMERICAN PRESSURE INC 316241 350 GREGOIRE, DAVID 316148 349 QUALITY PROPANE 316201 340 BARREL THEORY BEER COMPANY 316237 338 GRAINGER 316162 330 ST CROIX LINEN LLC 316286 325 SCOTT CARLSON 316278 323 PREMIUM WATERS INC 316299 316 STEEL TOE BREWING LLC 316189 312 ZACKS INC 316308 307 VESTIS SERVICES LLC 316130 306 MR CUTTING EDGE 316124 300 MINNESOTA DEPT OF LABOR AND INDUSTRY 316024 298 ALLEGRA PRINTING 316211 295 CATHY SIMPSON 316236 290 GOPHER STATE ONE-CALL 316186 281 WOODEN HILL BREWING COMPANY LLC 11183(E)280 WEX 316038 280 BIG STATE INDUSTRIAL SUPPLY INC 316165 276 STEEL TOE BREWING LLC 316288 271 SHAMROCK GROUP, INC - ACE ICE 316295 265 ST. ANDREW LUTHERAN CHURCH 316058 256 CONCRETE CUTTING AND CORING 316269 240 NEW FRANCE WINE COMPANY 316217 239 CODY TURNER 316257 236 LUPULIN BREWING COMPANY 316046 232 BROADWAY AWARDS 316049 229 CARLSTON, BRANDON 316303 227 TRANSUNION RISK & ALTERNATIVE DATA 316020 227 56 BREWING LLC 316190 218 ZEP SALES AND SERVICE 316033 216 BARREL THEORY BEER COMPANY 316055 213 COMCAST 316184 210 WINEBOW 316220 200 DRIVER AND VEHICLE SERVICES 316181 199 WENANDE BRANDON 316226 198 ELYSIA BLAIR 316254 190 KYLE RECKINGER 316042 189 BOYER TRUCKS 316290 189 SMALL LOT MN 316086 189 HEADFLYER BREWING 316259 188 M-R SIGN CO INC 11171(E)188 WEX 316248 185 JENNIFER ANDERSON 316289 181 SIERRA WELCHLIN 316135 181 NEW FRANCE WINE COMPANY 316196 180 ARBEITER BREWING COMPANY LLC 316221 176 ECM PUBLISHERS INC 316272 167 PAUL BRISSETT 316102 162 JOHNSTONE SUPPLY 316253 161 JUSTIN TRAUTWEIN 316251 157 JOHNSON FITNESS & WELLNESS 11172(E)155 WEX 316233 151 FLEETPRIDE INC 316065 150 DROEN HEATHER 316080 150 GIBBS ELIZABETH 316117 150 MCFARLANE PATRICE 316222 150 EDINA, CITY OF 316215 146 CINTAS CORPORATION #470 316235 145 FORCE AMERICA 316285 140 SCHLOSSMACHER, JIM 316030 133 ASTLEFORD EQUIPMENT COMPANY INC 316076 132 FREEZIAC 316113 130 LUCE LINE BREWING CO LLC 316315 126 ZIEGLER INC 316176 124 UNMAPPED BREWING CO 11179(E)121 WEX 316071 118 FERGUSON WATERWORKS 316120 113 METROPOLITAN FORD 316154 110 SHAMROCK GROUP, INC - ACE ICE 316276 103 PILGRIM DRY CLEANERS INC 316057 101 COMMERCIAL RECREATION SPECIALISTS 316164 97 STAVE NOAH 316054 97 COMCAST 316157 85 SMALL LOT MN 11186(E)83 PAYCHEX 316294 82 ST CROIX LINEN LLC 316192 80 SCHLOSSMACHER, JIM 316206 78 BOSACKER MIKE 316036 76 BERRY COFFEE COMPANY 316193 74 ABRAMOVICH GENNADIY 316141 73 PILGRIM DRY CLEANERS INC 316132 72 MTI DISTRIBUTING INC 316170 69 TARESE GUARNERA 316097 68 JANEX INC 316103 66 JOHNSTONE SUPPLY 316122 64 MINNESOTA DEPT OF HEALTH 316281 61 ROCKEY, JOSH 316106 60 KOMROSKY, HANK 316025 51 AM CRAFT SPIRITS SALES & MARKETING 316070 50 FBI - LEEDA 316128 50 MN-LEAP 11184(E)46 WEX 316041 45 BLUE LINE CUSTOM GIFTS 316204 45 BLUE LINE CUSTOM GIFTS 316247 45 JASPER ENGINEERING & EQUIPMENT COMPANY 316151 42 RIEDELL SHOES 316068 40 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 316077 38 FRICKE HUNTER 316297 37 STAPLES ADVANTAGE 316061 37 DIGI-KEY 316081 37 GORDHAMER SCOTT 316056 34 COMCAST 316265 32 MINNESOTA DEPT OF HEALTH 316104 30 KARIM TATAH 316198 30 ASCHENBECK SARA 316284 24 SARAH R SYREINI 316306 23 UPS 316126 21 MINNESOTA TROPHIES & GIFTS 316131 18 MRI SOFTWARE LLC 316018 13 SALK ELLISON 316205 12 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 11177(E)7 WEX 316279 4 QUALITY PROPANE 3,231,678 Report Total