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Home My WebLink AboutCity Council - 04/01/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Apr. 1, 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. Economic Development Update Council Chambers II. Open Podium III. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Apr. 1, 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. Senior Community Services 75th Anniversary Proclamation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, March 18, 2025 B. City Council Meeting held Tuesday, March 18, 2025 VII. Consent Calendar A. Clerk’s List B. Adopt Resolution approving the Chloride Reduction Grant Agreement with the Minnesota Pollution Control Agency C. Adopt Resolution approving application to conduct off-site lawful gambling at Schooner Days by the Eden Prairie Hockey Association CITY COUNCIL MEETING AGENDA April 1, 2025 Page 2 D. Approve joint powers agreement for additional Eden Prairie Police Department on- site social worker with Hennepin County Human Services and Public Health Department E. Approve 2024 unbudgeted transfers F. Approve change order number 3 for addition to project scope and increased costs for the reconditioning of sanitary lift stations 1, 13, and 15 G. Award contract for the 2025 ADA ramp improvement project to IDC Automatic H. Award contract for 2025 street sweeping to Pearson Bros I. Award contract for road senser technology software from 2025 through 2027 to Vaisala Inc. J. Award contract for water main valve repairs to Precision Utilities VIII. Public Hearings and Meetings IX. Payment of Claims X. Ordinances and Resolutions A. Approve the first reading of an ordinance adopting new City Code Section 5.81 relating to registration of cannabis retail businesses 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 CITY COUNCIL MEETING AGENDA April 1, 2025 Page 3 H. Report of City Attorney XIV. Other Business XV. Adjournment PROCLAMATION City of Eden Prairie Hennepin County, Minnesota Senior Community Services 75th Anniversary WHEREAS, Senior Community Services was founded in 1950 and has served the community for 75 remarkable years; and WHEREAS, the organization has grown to serve thousands of seniors and caregivers annually, making it one of Minnesota's top nonprofits in the field of aging; and WHEREAS, Senior Community Services embodies the vision to "Reimagine Aging by serving compassionately, connecting communities, and supporting independence"; and WHEREAS, the organization will celebrate its 75th Anniversary on Thursday, May 15, 2025, at the Medina Entertainment Center; and WHEREAS, Senior Community Services has consistently demonstrated extraordinary commitment to empowering older adults and supporting caregivers through innovative programs and compassionate services for the residents of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED, the City Council of Eden Prairie, Minnesota, hereby proclaims our sincere recognition and celebration of Senior Community Services' 75 years of dedicated service to our community, honoring their profound impact on the lives of seniors and their families. We commend their unwavering dedication to ensuring every person can age with dignity, connection, and independence. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey Unapproved Minutes 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 Getschow noted the Council is presented with development opportunity sites annually. Klima explained when a project proposal is received, a “Proposed Development Project Site” sign is installed at the site. The signs have a QR code that directs to the development dashboard. The development projects map can be sorted by location, project type, and status. Users can find contact information, site plans, renderings, and staff reports. Case asked if neighbors receive a mailed notice. Klima confirmed the City notifies neighbors within 500 feet and will extend the radius for projects with a high neighborhood interest. Case agreed it is better to notify more neighbors than less. Klima stated there is one pending development agreement for the Chestnut Townhomes project east of Anderson Lakes Parkway. This is a vacant property with 66 townhome units proposed. Case asked for the acreage of the project. Klima confirmed the lot is 5.7 acres. Klima noted the Danfoss property was recently listed for sale. The lot is 60 acres and includes four buildings. This much acreage is not frequently available. It is zoned industrial and office, the City would support a mixed use type of development including commercial, multifamily, and destination entertainment. Case noted the lot could potentially be purchased and retrofit by CITY COUNCIL MEETING AGENDA September 03, 2024 Page 2 another industrial company. This property, combined with the vacant ADC/Optum Campus, is 120 acres in the center of town. It could potentially be a trail area like Centennial Lakes. Klima confirmed there may be value in retrofitting the building in lieu of leveling it. Toomey asked if environmental remediation needs to occur. Klima confirmed an environmental analysis would be performed, it is likely some remediation would be necessary. Toomey asked what will happen to the water tower. Ellis confirmed it is functional. The City may purchase the well and water tower if it has been maintained. Ellis stated the utilities, streets, and park maintenance divisions are facing space challenges. Existing buildings are out of capacity to store necessary equipment. Expanding the Maintenance Facility or the Water Treatment Plant is challenging due to surrounding wetlands, properties, and highway 212. One of the Danfoss parcels has a building with industrial, warehouse, and office space on two acres. Purchasing the building could solve the space challenges. It neighbors the Maintenance Facility and City Center. Case asked if Danfoss is marketing the building separately from the rest of the campus. Klima confirmed the building is on a standalone parcel and could be easily separated. Toomey asked if the City would need to remodel the building. Ellis confirmed the building is ready as is for immediate use and would be significantly cheaper than constructing new. The Council indicated they are in support of the City purchasing the Danfoss parcel. Klima noted the owner of the Eden Prairie Center is planning to redevelop the north end of the mall. JCPenny would be demolished and the amount of retail space would be reduced. The redevelopment would include hotel, multifamily residential, commercial, and office uses. The concept is consistent with the comprehensive plan as it is guided for mixed use. The City is pursuing Tax Increment Financing (TIF) legislation to support redevelopment. Case asked if the City had considered using tax abatements. Klima confirmed the City will explore all options once staff learns more about the project and its financial realities. Case stated the City should encourage solar on the new building. It could be larger than the Community Center solar garden. Klima confirmed the City is sharing priorities for sustainability and affordable housing with the developer. Narayanan asked if the mall has multiple owners. Klima confirmed Target, Kohls, Scheels, and Von Maur own their own properties, one party owns CITY COUNCIL MEETING AGENDA September 03, 2024 Page 3 the remainder. Narayanan asked how many apartment units would be included. Klima stated the concept plan includes 750 units. Toomey asked for the vacancy rate of apartments in the City. Klima noted that information could be compiled, anecdotally apartment vacancy rates are low. Klima explained the existing Marriott Residence Inn on Flying Cloud Drive has been deemed obsolete. Marriott is looking to move the hotel to the former UNFI site off Valley View Road and Highway 494. The concept plan includes a five story, 150 room hotel with a restaurant. The City Council has previously discussed the hotel but has not voted. Case added the Council indicated the land to the north should remain undeveloped due to the number of trees. Case noted the existing Residence Inn could become an affordable housing asset if converted to owner occupied condos. Each unit has a bathroom, kitchenette, and bedroom. Case asked how many units the existing Residence Inn has. Economic Development Manager Dave Lindahl confirmed there are 128 units. Freiberg noted an office building was converted to condos in Minnetonka. Case added converting office buildings to housing is often expensive due to necessary plumbing modifications. Case indicated the City should have affordable housing conversations with Marriott before the buildings are purchased and torn down. Klima added the City can continue conversations once Marriott determines the location of the new hotel. Klima explained there is an 82 thousand square foot building at 6436 City West Parkway. Staff has had conversations about an upcoming proposal to demolish the current building and construct a 200 unit, five story multifamily residential building. This project is in early stages and would require a comprehensive plan amendment. Klima next discussed the Eden Bluff Corporate Center. This building was previously leased by CH Robinson and was vacated in April 2024. The proposal includes a mix of residential uses including single family, senior cooperative, and twin homes. This parcel was previously guided as office and would require a comprehensive plan amendment. Toomey asked the age of the building. Klima confirmed the building was constructed in the early 2000s. Case noted the site would be a good fit for a restaurant as it overlooks the river. Klima next detailed an emerging development site at Flying Cloud Drive and College View Drive. This site is comprised of three parcels totaling four acres. It is zoned industrial and guided medium density residential. No formal applications have been submitted. Concept plans have CITY COUNCIL MEETING AGENDA September 03, 2024 Page 4 been shared proposing multi-family housing for neurodivergent residents. Case asked how many buildings are proposed. Klima confirmed six buildings were included. Klima next detailed a site at 11010 Prairie Lakes Drive, 13 acres of office space north of Lotus Villas. Potential developers are considering keeping the smaller office building to the north and demolishing the larger building for high or medium density residential. Residential use would require a comprehensive plan amendment. Klima explained four office buildings, comprising 420 thousand square feet, have recently converted to residential, school, and industrial uses. Since 2020, eight percent of office square footage has been converted to other uses. If all the office conversion proposals discussed in tonight’s workshop move forward, 15 percent of office space would be converted. A few large office buildings are vacant including the ADC/Optum campus of 450 thousand square feet at 13625 Technology Drive. The City would likely support maintaining an office guiding to balance land use and employment opportunities. Case asked who owned the building. Klima confirmed Optum is leasing the building from a New York owner. Case noted many lessees are partially through a multi-year lease and thus keep making payments though the building is vacant. Toomey asked if the City should reevaluate the office guidance stance as many employees are still working from home. Klima confirmed the City will complete a thorough review of all office properties for the upcoming comprehensive plan process through 2050. Narayanan asked how many units of residential housing would be added if all the projects discussed tonight move forward. Klima confirmed over 1,000 housing units would be added. Klima next summarized potential development sites for the City. There are 36 acres off Technology Drive and Mitchell Road near the Danfoss property and close to public transportation. It is not all developable due to wetlands. It is zoned industrial and guided for office use. Other potential development sites include 6 acres at 6385 Old Shady Oak Road, zoned office and guided for industrial flex tech. The Ingram Property, six acres at 18900 Pioneer Trail, is zoned rural and guided low density residential. There was a development application eight years ago that was withdrawn. Staff has spoken with the owners of the Marshall Farm Stand, 3 acres at Pioneer Trail and Eden Prairie Road, about improvements to the property. It could redevelop in the future. CITY COUNCIL MEETING AGENDA September 03, 2024 Page 5 Klima noted the Life Church properties include eight acres at the intersection of St Andrew Drive and Valley View Road. Staff has received inquiries regarding affordable housing at this location. The owners of Huber Funeral Home, two acres adjacent to Smith Coffee, indicate they may not remain at the location for the foreseeable future. Klima displayed other potential development sites including three properties off Eden Prairie Road zoned rural and guided for low density residential. The Council thanked Klima and staff for their efforts. Council Chambers II. Open Podium III. Adjournment Unapproved Minutes 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, HR/Administrative Services Director Alecia Rose, Police Chief Matt Sackett, Fire Chief Scott Gerber, 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. Council Member Kathy Nelson was absent. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Polar Plunge proclamation Getschow explained the proclamation will recognize Saturday, March 8 as Eden Prairie Polar Plunge day in the City of Eden Prairie and highlight the partnership with and funds raised for Special Olympics Minnesota. Carter Staaf, Eden Prairie Detective, provided statistics on the Polar Plunge and Torch Run efforts over the past 18 years. He introduced Elizabeth Neuville, Western Wing Polar Plunge Participant, and Lori Lindahl, of the Torch Run and Three Rivers Parks District and mother of Western Wing Polar Plunge Participant Jessica Lindahl. Case read the proclamation in full. Toomey recognized the immense impact Detective Staaf has had on the Eden Prairie community and various nonprofits. CITY COUNCIL MEETING AGENDA March 18, 2025 Page 2 B. Diving block donation and naming rights agreement Markle explained 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.” There are eight diving blocks, and each one has a sponsor. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2025-031 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. Motion carried 4-0. C. Adopt resolution No. 2025-032 accepting Parks and Recreation winter 2025 donations Markle stated the donations, totaling $7,250, allow the City to offer special events, programs, and educational activities at little or no cost to residents. Businesses increase their exposure and interaction with the community and increase the ability of our residents to enjoy our programs. All donations for Parks and Recreation special events will be used to enhance the events and lower overall costs. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2025-032 accepting multiple first quarter 2025 donations to Parks and Recreation. Motion carried 4-0. D. Adopt Resolution No. 2025-033 Supporting Mayor’s Water Challenge Getschow stated 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. He encouraged community members to participate. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2025-033 supporting the Wyland Mayor’s Challenge for Water Conservation. Motion carried 4-0. V. Approval of Agenda and Other Items of Business MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion carried 4-0. VI. Minutes CITY COUNCIL MEETING AGENDA March 18, 2025 Page 3 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, March 4, 2025, and the City Council meeting held Tuesday, March 4, 2025, as published. Motion carried 4-0. VII. Consent Calendar A. Clerk’s List B. Highway 5 Business Center by Endeavor Development, LLC. Second Reading of Ordinance No. 05-2025 for Zoning District Change from I-General to Flex Service on 3.98 acres, Resolution No. 2025-034 for Site Plan on 3.98 acres, approve Development Agreement C. Adopt Resolution No. 2025-035 accepting Eden Prairie’s Community Development Block Grant (CDBG) Citizen Participation Plan D. Adopt Resolution No. 2025-036 approving Endeavor Addition final plat E. Adopt Resolution No. 2025-037 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-2 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. CITY COUNCIL MEETING AGENDA March 18, 2025 Page 4 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 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 No. 2025-038 approving application to conduct off-site lawful gambling by the EPAM Rotary Foundation MOTION: Freiberg moved, seconded by Toomey, to approve Items A-V on the Consent Calendar. Motion carried 4-0. VIII. Public Hearings and Meetings A. 12251 Sunnybrook Road by Cameron Serk. First and second reading of Ordinance No. 06-2025 for a Zoning District change from Rural to R1-13.5 on .78 acres Getschow explained 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 consistent with the surrounding neighborhood. Cameron Serk, 12251 Sunnybrook Road, stated they hope to build a garage and move their shed. Case pointed out all land was initially zoned Rural. The request is perfunctory. MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing, approve the first reading of ordinance No. 06-2025 for a Zoning District change from Rural to R1-13.5 on 0.78 acres, and approve the second reading of ordinance No. 06-2025 for a Zoning District change from Rural to R1-13.5 on 0.78 acres. Case added the motion requires a unanimous vote. VOTE ON THE MOTION: Motion carried 4-0. CITY COUNCIL MEETING AGENDA March 18, 2025 Page 5 B. Adopt Resolution No. 2025-039 approving use of 2025 CDBG funds as recommended by the Eden Prairie Human Services Review Committee Getschow explained 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. 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. Case asked if any communities choose not to accept the funds. Getschow confirmed he is unaware of a municipality that doesn’t accept the funds. Case encouraged any community members with concerns about Federal funding to reach out to their government representatives. Brenda Lano-Wolke, Executive Director of Homes Within Reach, explained how two homes were purchased through the program thanks to fund allocations such as CDBG. The new homeowners are deeply connected to the Eden Prairie community. Jenifer Loon, Executive Director of People Reaching Out to People (PROP), stated PROP uses CDBG funds to assist in rent payments. Their programs help stabilize families and children. Gary Spears, Senior Community Services HOME Hennepin County Technology Coordinator, pointed out the goal of their organization is to keep seniors in their homes. He provided an anecdote about a client they recently served. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing and adopt Resolution No. 2025-039 approving the acceptance and distribution of 2025 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 4-0. IX. Payment of Claims MOTION: Freiberg moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey, and Case voting “aye.” X. Ordinances and Resolutions CITY COUNCIL MEETING AGENDA March 18, 2025 Page 6 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 MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:37 p.m. Respectfully Submitted, _______________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: April 1, 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/Raffle Organization: Eden Prairie Lions Club Date: August 4, 2025 Place: Bent Creek Golf Course 14490 Valley View Road City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.B. Department: Lori Haak, Water Resources Coordinator - Public Works/Engineering ITEM DESCRIPTION Adopt Resolution approving the Chloride Reduction Grant Agreement with the Minnesota Pollution Control Agency (IC 25822) REQUESTED ACTION Move to: Adopt Resolution approving the Chloride Reduction Grant Agreement with the Minnesota Pollution Control Agency SUMMARY Road salt (primarily sodium chloride) is used to increase safety on icy streets, sidewalks, and parking lots. Chlorides from salt permanently pollute drinking water, lakes, creeks, and wetlands. Chloride concentrations in water resources are slowly increasing, mainly from winter salt use. The City is a leader in reducing salt application while maintaining safe roads through the continued efforts of City winter maintenance crews. The City recently participated in a pilot program for Low Salt Design with Bolton & Menk where employees learned to leverage Low Salt Design principles to improve winter safety while reducing the need for chloride application. Several City properties were identified as opportunities for chloride reduction through infrastructure redesign. One of these was the main parking lot at City Center. The City was awarded $425,000 from the Minnesota Pollution Control Agency (MPCA) for Eden Prairie’s Low Salt City Center project. This is the first known project in the nation to employ Low Salt Design to solve a known winter safety issue while reducing the future need for chlorides. Design and construction of the project will run through June 2028. This grant agreement will allow the City to obtain this funding and begin design on this project. The resolution authorizes the Mayor, City Manager, or his designee to execute such Chloride Reduction Grant Agreement with MPCA. Background: Eden Prairie’s City Center currently requires a high level of salt use to ensure employee and customer safety. A lack of appropriate snow storage leads to meltwater sheet draining through drive aisles and parking spots, necessitating additional salt application during winter precipitation events. Thaw and refreeze cycles of meltwater result in additional deicer applications not tied to precipitation events (about 20% of salt applications). The meltwater problem is exacerbated by a lack of stormwater catch basins in localized low spots throughout the parking lot. This results in sheet flow for long distances before meltwater is intercepted. Eden Prairie’s Low Salt City Center will reduce chloride pollution by 32% and transform the Eden Prairie City Center parking lot from a high salt condition into a model for low salt design. This will be accomplished by incorporating low salt design strategies including removing impervious surface, providing snow storage at localized low points, and installing additional stormwater catch basins and conveyances to intercept meltwater. Permeable pavement and heated surfaces will also be explored as budget allows. As an educational tool, this low salt destination will encourage the practical application of Low Salt Design principles, which are the next frontier for chloride reduction in cold weather climates. The Chloride Reduction Advisory Group will involve the City’s 3 watershed districts, Eden Prairie lake associations, and Friends of Eden Prairie Parks. Additional chloride reduction experts from MPCA, MnDOT, and Bolton & Menk will be invited. The combined wisdom of water resources professionals and local citizen groups will ensure this project reduces chloride use at City Center while promoting practical chloride reduction throughout the community. Eden Prairie’s Low Salt City Center will directly reduce chloride pollution to Purgatory Creek (high risk) by 16,260 pounds per year by reducing application within its watershed and will indirectly reduce chloride pollution to Nine Mile Creek (impaired) and Rice Marsh Lake (high risk) through its public education and outreach components. Funding: The total project cost is estimated at $739,400. In addition to the MPCA grant, City staff are also pursuing funding from Riley Purgatory Bluff Creek Watershed District and Lower Minnesota River Watershed District for this project. Remaining funding will be provided through the City’s stormwater utility fund. ATTACHMENTS Attachment 1: Resolution Attachment 2: Grant Agreement with MPCA for Chloride Reduction Grant CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION TO APPROVE THE CHLORIDE REDUCTION GRANT AGREEMENT WITH MINNESOTA POLLUTION CONTROL AGENCY WHEREAS, on August 28, 2024, the Minnesota Pollution Control Agency posted a competitive Request for Proposals for the 2025 Chloride Reduction Grant for the purposes of reducing chloride at the source within priority communities; and WHEREAS, the City has been a Pilot City for Bolton & Menk’s Low Salt Design program since August 2023, learning about how site design and redevelopment can be employed to improve winter safety in built environments thereby reducing the need for chloride (salt) use; and WHEREAS, the City Center parking lot experiences snowmelt run-on and freeze/thaw cycles that compromise winter safety; WHEREAS, the City successfully applied to the Request for Proposals, being awarded up to $420,000 for the Eden Prairie Low Salt City Center project to improve meltwater management and reduce chloride use; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS, the City wishes to receive these grant funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Manager or his designee to execute such Chloride Reduction Grant Agreement with Minnesota Pollution Control Agency. ADOPTED by the City Council of the City of Eden Prairie this 1st day of April, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk 1 Grant Agreement State of Minnesota SWIFT Number: 264529 AI: 228948 Activity ID: PRO20250002 This Grant Agreement is between the state of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155-4194 (“MPCA” or “State”), and City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 ("Grantee"). Recitals 1. Under Minn. Stat. § 116.03, subd. 2, the State is empowered to enter into this grant. 2. The Grantee is authorized to enter into this grant under Minn. Stat. § 412.211. 3. The State and Grantee are in need of the Eden Prairie’s Low Salt City Center (project). 4. Grantee will comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, subd. 4(a)(1). 5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to the satisfaction of the State. Pursuant to Minn. Stat. § 16B.98, subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Grant Agreement 1.1 Effective Date: April 1, 2025, Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration Date: June 30, 2028, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant agreement: Indemnification; State Audits; Government Data Practices and Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. 2. Grantee’s Duties The Grantee, who is not a state employee, will perform the duties specified in Attachment A, which is attached and incorporated into this grant agreement. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence. 4. Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant agreement as follows: (a) Compensation. The Grantee will be paid according to the breakdown of costs contained in Attachment A, which is attached and incorporated into this grant agreement. Grantee certifies they will provide no less than 25% (twenty-five percent) of the total grant amount as match. 2 (b) Travel expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant agreement will be reimbursed as outlined in Attachment A; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant agreement will not exceed $425,000.00 (Four Hundred Twenty-Five Thousand Dollars and Zero Cents). 4.2 Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State’s Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: upon submission of approved invoices and at least quarterly. A final invoice for payment of the remaining grant funds expended by the project is required to be submitted at the completion of the project after a final report has been submitted to the State’s Authorized Representative. Payment of the final 10% (ten percent) of grant funds will be held back until the project is completed satisfactorily and all deliverables have been submitted and approved. Invoices must be emailed to mpca.ap@state.mn.us, and contain the following information: • Name of Grantee • Grantee project manager • Grant amount • Grant amount available to date • Invoice number • Invoice date • MPCA project manager • SWIFT Number • Invoicing period (actual working period) • Subcontractor costs; invoices may be requested • Time and material breakdown of invoice. Amount billed to date for work, including itemization of actual hourly rates • Receipts for supplies, shipping, lab fees, and any other itemized costs • Itemized per diem expenses; receipts may be requested to be submitted with invoice • Matching fund summary • Other items as requested If there is a problem with submitting an invoice electronically, please contact the Accounts Payable Unit at 651-757-2491. The Grantee shall submit an invoice for the final payment upon submittal of the final progress and financial report within 15 (fifteen) days of the original or amended end date of this grant agreement. The State reserves the right to review submitted invoices after 15 (fifteen) days and make a determination as to payment. (b) Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 3 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work and have a total project cost of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (b) The grantee must not contract with vendors who are suspended or debarred in Minnesota: https://mn.gov/admin/osp/government/suspended-debarred/index2.jsp 4.4 Prevailing Wage Pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Rates are listed in Attachment B. In compliance with Minn. Stat. § 177.43, subd. 3 and §177.44, subd. 5, the wages of laborers, workers, and the mechanics on projects financed in whole or part by State Funds should be comparable to wages paid for similar work in the community as a whole. Project includes erection, construction, remodeling, or repairing of a public building or other public work financed in whole or part by State funds. Any work on real property which uses the skill sets of any trades covered by Labor Code and Class under prevailing wages is construction and requires prevailing wages. See http://www.dli.mn.gov/business/employment-practices/prevailing-wage-information for a list of affected trades. The Contractor shall pay prevailing wages to its employees when conducting construction activities under this agreement. Applicability. In accordance with Minn. Stat. § 177.43, subd. 7. This does not apply to an agreement or work under an agreement, under which: A. the estimated total cost of completing the project is less than $2,500 and only one trade or occupation is required to complete the work; or B. the estimated total cost of completing the project is less than $25,000 and more than one trade or occupation is required to complete it. Choose from Commercial, Highway/Heavy, or Residential Wage Rates: The prevailing wage rate requirements are attached as Attachment B. Prevailing Wage Payroll Information: In accordance with Minn. Stat. § 177.30, subd. 4, and § 177.43, subd. 3, the Contractor and Subcontractor shall furnish to the Contracting Authority and the Project Owner: • All payrolls, of all workers on the project, a certified payroll report via e-mail as attachments, a State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and Statement of Compliance Form as a PDF file to the appropriate e-mail addresses: prevailingwage.pca@state.mn.us and the MPCA Authorized Representative. • The Subject line on the Contractor’s or Subcontractor’s e-mail must give their firm’s name and the Contract or Purchase Order Number. • These completed forms must be furnished not more than 14 days after the end of each pay period. 4 • The State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form are available at http://www.dli.mn.gov/sites/default/files/pdf/pw_certified_payroll_form.pdf. Submit the completed and signed State of Minnesota Prevailing Wage Payroll Report as a Microsoft Excel file and the Statement of Compliance Form as a PDF file, no other payroll forms will be accepted to meet this requirement. The prevailing wage payroll information forms that are submitted shall be maintained by the contracting agency for a minimum of three years after final payment has been made on the project. All of the data provided on the Prevailing Wage Payroll Information Form will be public data, which is available to anyone upon request. Refer vendor questions regarding the Prevailing Wage Laws to the Department of Labor and Industry at 651- 284-5091 or visit the website for Labor Standards Section, Prevailing Wage http://www.dli.mn.gov/business/employment-practices/prevailing-wage-information. All construction work needs an IC-134 form submitted by the Contractor before payment can be made. The Contractor can find a copy of the IC-134 online at the Minnesota Department of Revenue website at https://www.revenue.state.mn.us/sites/default/files/2019-01/ic134.pdf. 4.5 Reporting Requirements Semi-annual progress reports are due August 1 and February 1 of each year. A final project report describing the project activities, location, results and estimated chloride reduction will be due upon project completion or one month prior to the expiration date of the grant agreement, whichever occurs first. Grantees must use the MPCA’s Chloride Reduction Program reporting templates that will be emailed. 5. Conditions of Payment All services provided by the Grantee under this grant agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative/MPCA’s Project Manager and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6. Authorized Representative The State's Authorized Representative/Project Manager is Aviva Meyerhoff, 520 Lafayette Road North, St. Paul, MN 55155-4194, 651-757-2899, aviva.meyerhoff@state.mn.us, or their successor, and has the authority to monitor the Grantee’s performance and to accept the services provided under this agreement. If the services are satisfactory, the MPCA’s Project Manager will certify acceptance of each invoice submitted for payment. The Grantee’s Authorized Representative is Lori Haak, 8080 Mitchell Road, Eden Prairie, MN 55344, 952-949-8327, lhaak@edenprairie.org, or their successor. If the Grantee’s Authorized Representative changes at any time during this grant agreement, the Grantee must immediately notify the State. 7. Assignment, Amendments, Change Orders, Waiver, and Grant Agreement Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant agreement, or their successors in office. 7.2 Amendments. Any amendments to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. 7.3 Change orders. If the State's Project Manager or the Grantee’s Authorized Representative identifies a change needed in the workplan and/or budget, either party may initiate a Change Order using the Change Order Form provided by the MPCA. Change Orders may not delay or jeopardize the success of the Project, alter the overall 5 scope of the Project, increase or decrease the overall amount of the Contract/Agreement, or cause an extension of the term of this Agreement. Major changes require an Amendment rather than a Change Order. The Change Order Form must be approved and signed by the State's Project Manager and the Grantee’s Authorized Representative in advance of doing the work. Documented changes will then become an integral and enforceable part of the Agreement. The MPCA has the sole discretion on the determination of whether a requested change is a Change Order or an Amendment. The state reserves the right to refuse any Change Order requests. 7.4 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the provision or the State’s right to enforce it. 7.5 Grant agreement complete. This grant agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. 8. Indemnification The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement. 9. State Audits Under Minn. Stat. § 16B.98, subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices and Intellectual Property 10.1 Government data practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2 Intellectual property rights (a) Intellectual property rights. The State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant agreement. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant agreement. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant agreement. The Documents shall be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee, at the Grantee’s expense, upon the written request of the State, or upon completion, termination, or cancellation of this grant agreement. To the extent possible, those Works eligible for copyright protection under the United States’ Copyright Act will be deemed to be “works made for hire.” The Grantee assigns 6 all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. (b) Obligations. (1) Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this grant agreement, the Grantee shall immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure therein. (2) Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause Liability, the Grantee shall indemnify, defend, to the extent permitted by the Attorney General, and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including, but not limited to, attorney fees. If such a claim or action arises or in Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. (3) License. The State hereby grants a limited, no-fee, noncommercial license to the Grantee to enable the Grantee’s employees engaged in research and scholarly pursuits to make, have made, reproduce, modify, distribute, perform, and otherwise use the Works, including Documents, for research activities or to publish in scholarly or professional journals, provided that any existing or future intellectual property rights in the Works or Documents (including patents, licenses, trade or service marks, trade secrets, or copyrights) are not prejudiced or infringed upon, that the Minnesota Data Practices Act is complied with, and that individual rights to privacy are not violated. The Grantee shall indemnify and hold harmless the State for any claim or action based on the Grantee’s use of the Works or Documents under the provisions of Clause 10.2(b)(2). Said license is subject to the State’s publicity and acknowledgement requirements set forth in this grant agreement. The Grantee may reproduce and retain a copy of the Documents for research and academic use. The Grantee is responsible for security of the Grantee’s copy of the Documents. A copy of any articles, materials or documents produced by the Grantee’s employees, in any form, using or derived from the subject matter of this license, shall be promptly delivered without cost to the State. 11. Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant agreement. Venue for all legal proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 7 13. Termination 13.1 Termination by the State. (a) Without Cause. The State may immediately terminate this grant agreement without cause, upon 30-days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. (b) With Cause. The State may immediately terminate this grant agreement if the State finds that there has been a failure to comply with the provisions of this grant agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the state of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 13.2 Termination by The Commissioner of Administration. The Commissioner of Administration may immediately and unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 13.3 Termination for insufficient funding. The State may immediately terminate this grant agreement if: (a) It does not obtain funding from the Minnesota Legislature. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 14. Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 15. Payment to subcontractors (if applicable) As required by Minn. Stat. § 16A.1245, the prime contractor must pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the State for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 16. Publicity and Endorsement 16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 16.2 Endorsement. The Grantee must not claim that the State endorses its products or services. Clean Water Funding. 17.1 Legacy Logo. Minn. Stat. §114D.50 Subd. 4 (f) states: “When practicable, a direct recipient of an appropriation from the clean water fund shall prominently display on the recipient's Web site home page the legacy logo 8 required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more information." When a person clicks on the legacy logo image, the Web site must direct the person to a Web page that includes both the contact information that a person may use to obtain additional information, as well as a link to the Legislative Coordinating Commission Web site required under section 3.303, subdivision 10. Clean Water Land and Legacy Amendment Logo Usage Guidelines: http://www.legacy.leg.mn/sites/default/files/resources/Legacy_Logo_Guidelines.pdf Download the Legacy Logo: http://www.legacy.leg.mn/legacy-logo/legacy-logo-download 17.2 Reporting FTEs. Minn. Stat. §3.303, Subd. 10 (2)(vi) requires that information provided on the Legislative Coordinating Commission’s Legacy Fund website must include specific information on all projects receiving funding: “(vi) the number of full-time equivalents funded under the project. For the purposes of this item, “full-time equivalent” means a position directly attributed to the receipt of money from one or more of the funds covered under this section, calculated as the total number of hours planned for the position divided by 2,088. Signatures Title Name Signature Date \t1\ \n1\ \s1\ \d1\ \t2\ \n2\ \s2\ \d2\ \t3\ \n3\ \s3\ \d3\ \t4\ \n4\ \s4\ \d4\ \t5\ \n5\ \s5\ \d5\ \t6\ \n6\ \s6\ \d6\ https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats e-admin9-38b • 9/29/20 Page 1 of 4 Project Workplan Statewide Chloride Reduction Program Doc Type: Contract SWIFT Contract number: 264529 Agency Interest ID: 228948 Activity ID: PRO20250002 Project title: Eden Prairie’s Low Salt City Center 1. Project summary: Organization: City of Eden Prairie Contractor contact name: Lori Haak Title: Water Resources Coordinator Address: 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8327 Email: lhaak@edenprairie.org Minnesota Pollution Control Agency (MPCA) contact(s): MPCA project manager: Aviva Meyerhoff Title: Grants Specialist Address: 520 Lafayette Road North St. Paul, MN 55155 Phone: 651-757-2899 Email: Aviva.meyerhoff@state.mn.us Project information Start date: April 2025 End date: June 30, 2028 Total cost: Grant: $425,000.00 Match: $106,250.00 Project Total: $531,250.00 Location: 8080 Mitchell Road, Eden Prairie, MN 55344 Equivalent FTE: 2.5 FTE equivalent 1. Statement of project details Eden Prairie’s City Center currently requires a high level of salt use to ensure employee and customer safety. A lack of appropriate snow storage leads to meltwater sheet draining through drive aisles and parking spots, necessitating additional salt application during winter precipitation events. Thaw and refreeze cycles of meltwater result in additional deicer applications not tied to precipitation events (estimated at one out of every five salt applications). The meltwater problem is exacerbated by a lack of stormwater catch basins in localized low spots throughout the parking lot. This results in sheet flow for long distances before meltwater is intercepted. Attachment A https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats e-admin9-38b • 9/29/20 Page 2 of 4 Eden Prairie’s Low Salt City Center (Whole Community project) will reduce chloride pollution by 32% and transform the Eden Prairie City Center parking lot from a high salt condition into a model for low salt design. This will be accomplished by incorporating low salt design strategies including removing impervious surface, providing snow storage at localized low points, and installing additional stormwater catch basins and conveyances to intercept meltwater. Permeable pavement and heated surfaces will also be explored as budget allows. As an educational tool, this low salt destination will encourage the practical application of Low Salt Design principles, which are the next frontier for chloride reduction in cold weather climates. The Chloride Reduction Advisory Group (CRAG), which may involve a technical and citizen group, plans to include the City’s 3 watershed districts, Eden Prairie lake associations, and Friends of Eden Prairie Parks. Additional chloride reduction experts from MPCA and Bolton & Menk will be invited. The combined wisdom of water resources professionals and local citizen groups will ensure this project reduces chloride use at City Center while promoting practical chloride reduction throughout the community. Eden Prairie’s Low Salt City Center will directly reduce chloride pollution to Purgatory Creek (high risk) by 16,260 pounds per year by reducing application within its watershed and will indirectly reduce chloride pollution to Nine Mile Creek (impaired) and Rice Marsh Lake (high risk) through its public education and outreach components. 2. Goal statement, project evaluation plan, and tasks Goal statement: Eden Prairie’s Low Salt City Center will reduce chloride use at Eden Prairie City Center by 32% through the practical application of Low Salt Design principles including decreasing impervious surfaces and significantly reducing the meltwater footprint. This will decrease chloride discharge to the Protected Water Wetland (992W) behind City Center and to Purgatory Creek, 0.7 miles downstream and within an Environmental Justice (EJ) area. Eden Prairie’s Low Salt City Center will reduce chloride use by encouraging practical application of Low Salt Design principles throughout the region and state. It will provide a built example of low salt design, as well as corresponding educational signage and materials. The increased awareness of chloride pollution among Eden Prairie residents and businesses will further drive chloride reduction. Project evaluation plan: The required semi-annual reports will be an excellent opportunity for reflection and evaluation as Eden Prairie’s Low Salt City Center is designed and implemented. In addition to the measurable environmental outcomes outlined in #3 below, overall success will be evaluated through two basic parameters: winter safety and chloride awareness. At present, City Center employees and visitors often comment on treacherous parking lot conditions and the resulting over-application of salt. For each February semi-annual report (including at least once pre-construction), the project manager will offer a voluntary survey of City Center employees, visitors, and Chloride Reduction Advisory Group members regarding their perception of winter safety in the parking lot and overall chloride awareness. The City will also record the number of slip and falls reported at City Center in each February semi-annual report and compare to pre-project conditions. These metrics will be tracked and compared longitudinally as an evaluation of success. Informal conversations with City Center employees, visitors, and Chloride Reduction Advisory Group members will also be tracked to contribute to the evaluation of success. Task 1: Project Design and Construction Administration Subtask 1a: Contract for engineer services Subtask 1b: Construction administration (contract) Deliverables: Signed contract for engineering services, project plans, project bids, signed contract for construction, construction permits Timeframe: Spring 2025- Fall 2026 https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats e-admin9-38b • 9/29/20 Page 3 of 4 Task 2: Project Construction Subtask 2a: Demolition and removal Subtask 2b: Construction Subtask 2c: Stormwater infrastructure Subtask 2d: Restoration and planting Subtask 2e: Establishment maintenance Subtask 2f: Educational signage and resources Deliverables: Parking lot improvements, infiltration basin, dedicated snow storage areas, structural stormwater best management practices (BMP), educational signage and resources featuring MPCA and Clean Water Fund (CWF) logos Timeframe: Spring 2026- June 30, 2028 Task 3: Chloride Reduction Advisory Group Subtask 3a: Prepare for regular advisory group meetings Subtask 3b: Convene advisory group and follow-up Deliverables: Educational signage and resources, publicity for “grand opening” of project, notes from CRAG meetings Timeframe: Ongoing (anticipate quarterly meetings) Spring 2025- June 30, 2028 Task 4: Project Management and Reporting Subtask 4a: Project management Subtask 4b: Meet the reporting requirements as outlined in the grant agreement. Deliverables: Semiannual reports, final report Timeframe: Project Management: ongoing Semiannual Report 1: by August 1, 2025 Semiannual Report 2: by February 1, 2026 Semiannual Report 3: by August 1, 2026 Semiannual Report 4: by February 1, 2027 Semiannual Report 5: by August 1, 2027 Semiannual Report 6: by February 1, 2028 Final Report: upon project completion or one month prior to the expiration date of the grant agreement, whichever occurs first 3. Anticipated measurable environmental outcomes The City of Eden Prairie will measure the following impacts: Environmental Outcomes Estimated reduction in pollution (lbs/yr) Estimated number of people educated Other estimation 1. Pounds salt applied 6,240 lbs/yr salt 12.5% reduction in impervious surface 2. Deicing events per year 10,020 lbs/yr salt 20% fewer deicing events 3. Area of impervious removed 20,300 sf 4. Stormwater treated TBD (TP + TSS) 2 BMPs installed https://www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • Use your preferred relay service • Available in alternative formats e-admin9-38b • 9/29/20 Page 4 of 4 5. LSiD/chloride reduction inquiries 30/yr Additional Project Outcomes Estimated number of people educated Other estimation 1. Increased awareness: site tours 100/yr 5 tours/yr 2. Increased awareness: media coverage 2000/yr 3 inquiries/yr 3. Increased awareness: Chloride Reduction Advisory Group 15/yr 4 meetings/yr 4. Increased chloride awareness by proximity (change to site; signage) 350/yr 5. Increased awareness: Informal conversations with City Center employees, visitors, and Chloride Reduction Advisory Group members 100/yr 6. Increased safety: slips and falls reported in February reports and compared to pre- project conditions 50% decrease from pre-project conditions 4. Project budget. Cost Category Unit Cost/Not to Exceed Rate Grant funds Total Match Total budget Task 1: Project design and construction administration Task 1 Total $70,000.00 $10,000.00 $80,000.00 Task 2: Project Construction Task 2 Total $355,000.00 $76,250.00 $431,250.00 Task 3: Chloride Advisory Group Task 3 Total $6,050.00 $6,050.00 Task 4: Project Management and Reporting Objective 4 Total $13,950.00 $ 13,950.00 Project Total $425,000.00 $106,250.00 $531,250.00 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Commercial County Number: 27 County Name: HENNEPIN Effective: 2024-12-23 Revised: 2025-02-24 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Note: Overtime pay after eight (8) hours on the project must be paid even if the worker does not exceed forty (40) hours in the work week. Violations should be reported to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651) 284-5091 DLI.PrevWage@state.mn.us * Indicates that adjacent county rates were used for the labor class listed. County: HENNEPIN (27) LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE LABORERS (101 - 112) (SPECIAL CRAFTS 701 - 730) 101 LABORER, COMMON (GENERAL LABOR WORK) 2024-12-23 43.39 24.74 68.13 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT JOURNEYMAN) 2024-12-23 43.39 24.74 68.13 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER AND NURSERY OPERATOR) 2024-12-23 30.04 21.53 51.57 2025-05-01 31.66 22.78 54.44 104 FLAG PERSON 2024-12-23 43.39 24.74 68.13 105*WATCH PERSON 2024-12-23 39.76 24.39 64.15 106*BLASTER 2024-12-23 35.11 19.64 54.75 1 Attachment B LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 107 PIPELAYER (WATER, SEWER AND GAS) 2024-12-23 45.13 24.74 69.87 2025-05-01 47.50 26.12 73.62 108 TUNNEL MINER 2024-12-23 38.50 22.39 60.89 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT FEET BELOW STARTING GRADE LEVEL) 2024-12-23 43.13 24.74 67.87 2025-05-01 45.50 26.12 71.62 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL STATION, GPS RECEIVER, LEVEL, ROD OR RANGE POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 2024-12-23 43.39 24.74 68.13 111*TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2024-12-23 43.39 24.74 68.13 SPECIAL EQUIPMENT (201 - 204) 201*ARTICULATED HAULER 2024-12-23 46.99 25.20 72.19 202*BOOM TRUCK 2024-12-23 46.51 26.90 73.41 2025-05-05 46.51 29.40 75.91 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO-FRAMED FORKLIFT (EXCLUDING FRONT, POSIT-TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 2024-12-23 30.04 21.53 51.57 2 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 2025-05-01 31.66 22.78 54.44 204*OFF-ROAD TRUCK 2024-12-23 41.73 22.85 64.58 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. 2024-12-23 37.05 19.39 56.44 HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP 2 2024-12-23 45.61 26.90 72.51 2025-05-05 47.24 29.40 76.64 306 GRADER OR MOTOR PATROL 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP 3 2024-12-23 45.01 26.90 71.91 2025-05-05 46.61 29.40 76.01 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 316 LOCOMOTIVE CRANE OPERATOR 320 TANDEM SCRAPER 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP 4 2024-12-23 44.67 26.90 71.57 2025-05-05 46.25 29.40 75.65 323 AIR TRACK ROCK DRILL 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 3 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 340 DUAL TRACTOR 341 ELEVATING GRADER 345 GPS REMOTE OPERATING OF EQUIPMENT 347 HYDRAULIC TREE PLANTER 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 359 RUBBER-TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE GROUP 5 *2024-12-23 41.36 26.90 68.26 2025-05-05 42.77 29.40 72.17 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 379 POWER ACTUATED JACK 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE . 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) 4 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE GROUP 6 2024-12-23 40.02 26.40 66.42 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 389 DREDGE DECK HAND 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 393 LEVER PERSON 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING COMMERCIAL POWER EQUIPMENT OPERATOR GROUP 1 2024-12-23 51.03 26.90 77.93 2025-05-05 51.03 29.40 80.43 501 HELICOPTER PILOT (COMMERCIAL CONSTRUCTION ONLY) 502 TOWER CRANE 250 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY) 503 TRUCK CRAWLER CRANE WITH 200 FEET OF BOOM AND OVER, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP 2 2024-12-23 50.64 26.90 77.54 2025-05-05 50.64 29.40 80.04 504 CONCRETE PUMP WITH 50 METERS/164 FEET OF BOOM AND OVER (COMMERCIAL CONSTRUCTION ONLY) 505 PILE DRIVING WHEN THREE DRUMS IN USE (COMMERCIAL CONSTRUCTION ONLY) 506 TOWER CRANE 200 FEET AND OVER (COMMERCIAL CONSTRUCTION ONLY) 507 TRUCK OR CRAWLER CRANE WITH 150 FEET OF BOOM UP TO AND NOT INCLUDING 200 FEET, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP 3 2024-12-23 49.05 26.90 75.95 2025-05-05 49.05 29.40 78.45 508 ALL-TERRAIN VEHICLE CRANES (COMMERCIAL CONSTRUCTION ONLY) 509 CONCRETE PUMP 32-49 METERS/102-164 FEET (COMMERCIAL CONSTRUCTION ONLY) 510 DERRICK (GUY & STIFFLEG) (COMMERCIAL CONSTRUCTION ONLY) 511 STATIONARY TOWER CRANE UP TO 200 FEET 512 SELF-ERECTING TOWER CRANE 100 FEET AND OVER MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 513 TRAVELING TOWER CRANE (COMMERCIAL CONSTRUCTION ONLY) 514 TRUCK OR CRAWLER CRANE UP TO AND NOT INCLUDING 150 FEET OF BOOM, INCLUDING JIB (COMMERCIAL CONSTRUCTION ONLY) GROUP 4 2024-12-23 48.68 26.90 75.58 5 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 2025-05-05 48.68 29.40 78.08 515 CRAWLER BACKHOE INCLUDING ATTACHMENTS (COMMERCIAL CONSTRUCTION ONLY) 516 FIREPERSON, CHIEF BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 517 HOIST ENGINEER (THREE DRUMS OR MORE) (COMMERCIAL CONSTRUCTION ONLY) 518 LOCOMOTIVE (COMMERCIAL CONSTRUCTION ONLY) 519 OVERHEAD CRANE ( INSIDE BUILDING PERIMETER) (COMMERCIAL CONSTRUCTION ONLY) 520 TRACTOR . BOOM TYPE (COMMERCIAL CONSTRUCTION ONLY) GROUP 5 2024-12-23 46.51 26.90 73.41 2025-05-05 46.51 29.40 75.91 521 AIR COMPRESSOR 450 CFM OR OVER (TWO OR MORE MACHINES) (COMMERCIAL CONSTRUCTION ONLY) 522 CONCRETE MIXER (COMMERCIAL CONSTRUCTION ONLY) 523 CONCRETE PUMP UP TO 31 METERS/101 FEET OF BOOM 524 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL WHEN USED FOR CAISSON FOR ELEVATOR OR BUILDING CONSTRUCTION (COMMERCIAL CONSTRUCTION ONLY) 525 FORKLIFT (COMMERCIAL CONSTRUCTION ONLY) 526 FRONT END, SKID STEER 1 C YD AND OVER 527 HOIST ENGINEER ( ONE OR TWO DRUMS) (COMMERCIAL CONSTRUCTION ONLY) 528 MECHANIC-WELDER (ON POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY) 529 POWER PLANT (100 KW AND OVER OR MULTIPLES EQUAL TO 100KW AND OVER) (COMMERCIAL CONSTRUCTION ONLY) 530 PUMP OPERATOR AND/OR CONVEYOR (TWO OR MORE MACHINES) (COMMERCIAL CONSTRUCTION ONLY) 531 SELF-ERECTING TOWER CRANE UNDER 100 FEET MEASURED FROM BOOM FOOT PIN (COMMERCIAL CONSTRUCTION ONLY) 532 STRADDLE CARRIER (COMMERCIAL CONSTRUCTION ONLY) 533 TRACTOR OVER D2 (COMMERCIAL CONSTRUCTION ONLY) 534 WELL POINT PUMP (COMMERCIAL CONSTRUCTION ONLY) GROUP 6 2024-12-23 44.82 26.90 71.72 2025-05-05 44.82 29.40 74.22 535 CONCRETE BATCH PLANT (COMMERCIAL CONSTRUCTION ONLY) 536 FIREPERSON, FIRST CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 537 FRONT END, SKID STEER UP TO 1 C YD 538 GUNITE MACHINE (COMMERCIAL CONSTRUCTION ONLY) 539 TRACTOR OPERATOR D2 OR SIMILAR SIZE (COMMERCIAL CONSTRUCTION ONLY) 540 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER GROUP 7 2024-12-23 43.55 26.90 70.45 2025-05-05 43.55 29.40 72.95 541 AIR COMPRESSOR 600 CFM OR OVER (COMMERCIAL CONSTRUCTION ONLY) 542 BRAKEPERSON (COMMERCIAL CONSTRUCTION ONLY) 6 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 543 CONCRETE PUMP/PUMPCRETE OR COMPLACO TYPE (COMMERCIAL CONSTRUCTION ONLY) 544 FIREPERSON, TEMPORARY HEAT SECOND CLASS BOILER LICENSE (COMMERCIAL CONSTRUCTION ONLY) 545 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS AND MILLING MACHINES, OR OTHER SIMILAR POWER EQUIPMENT) (COMMERCIAL CONSTRUCTION ONLY) 546 PICK UP SWEEPER (ONE CUBIC YARD HOPPER CAPACITY) (COMMERCIAL CONSTRUCTION ONLY) 547 PUMP AND/OR CONVEYOR (COMMERCIAL CONSTRUCTION ONLY) GROUP 8 2024-12-23 41.28 26.90 68.18 2025-05-05 41.28 29.40 70.68 548 ELEVATOR OPERATOR (COMMERCIAL CONSTRUCTION ONLY) 549 GREASER (COMMERCIAL CONSTRUCTION ONLY) 550 MECHANICAL SPACE HEATER (TEMPORARY HEAT NO BOILER LICENSE REQUIRED) (COMMERCIAL CONSTRUCTION ONLY) TRUCK DRIVERS GROUP 1 *2024-12-23 32.85 9.02 41.87 601 MECHANIC . WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2024-12-23 38.39 23.70 62.09 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 *2024-12-23 22.50 6.50 29.00 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 *2024-12-23 25.50 9.42 34.92 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER-TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. 7 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 2024-12-23 53.19 31.95 85.14 2025-06-09 57.24 31.95 89.19 702*BOILERMAKERS 2024-12-23 46.00 31.93 77.93 2025-01-01 48.35 31.93 80.28 703 BRICKLAYERS 2024-12-23 48.23 26.53 74.76 704 CARPENTERS 2024-12-23 45.54 29.34 74.88 2025-01-01 45.54 29.34 74.88 705 CARPET LAYERS (LINOLEUM) 2024-12-23 45.25 26.98 72.23 2025-01-01 45.25 26.98 72.23 706 CEMENT MASONS 2024-12-23 48.21 24.97 73.18 707 ELECTRICIANS 2024-12-23 56.00 34.39 90.39 2025-05-01 60.40 34.39 94.79 708*ELEVATOR CONSTRUCTORS 2024-12-23 59.95 44.53 104.48 2025-01-01 62.52 45.36 107.88 709 GLAZIERS 2024-12-23 48.98 26.75 75.73 710 LATHERS 2024-12-23 47.00 26.85 73.85 2025-01-01 47.00 26.85 73.85 712 IRONWORKERS 2024-12-23 44.85 35.72 80.57 714 MILLWRIGHT 2024-12-23 41.66 35.40 77.06 2025-01-01 41.66 35.40 77.06 715 PAINTERS (INCLUDING HAND BRUSHED, HAND SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 2024-12-23 44.00 27.69 71.69 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2024-12-23 45.71 29.73 75.44 8 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 2025-01-01 45.71 29.73 75.44 2025-05-01 49.46 30.23 79.69 717 PIPEFITTERS . STEAMFITTERS 2024-12-23 53.48 36.96 90.44 718 PLASTERERS 2024-12-23 47.93 25.34 73.27 719 PLUMBERS 2024-12-23 56.73 31.52 88.25 2025-05-01 61.28 31.52 92.80 720 ROOFER 2024-12-23 45.70 24.84 70.54 721 SHEET METAL WORKERS 2024-12-23 53.71 34.57 88.28 2025-05-01 57.96 34.57 92.53 722 SPRINKLER FITTERS 2024-12-23 55.31 34.95 90.26 2025-06-01 59.81 34.85 94.66 723 TERRAZZO WORKERS 2024-12-23 46.27 26.64 72.91 724 TILE SETTERS 2024-12-23 42.76 30.32 73.08 725 TILE FINISHERS 2024-12-23 35.15 24.36 59.51 726 DRYWALL TAPER 2024-12-23 41.72 29.72 71.44 727 WIRING SYSTEM TECHNICIAN 2024-12-23 47.73 22.24 69.97 2025-07-01 51.07 23.52 74.59 728 WIRING SYSTEMS INSTALLER 2024-12-23 33.44 17.82 51.26 2025-07-01 35.78 18.73 54.51 729 ASBESTOS ABATEMENT WORKER 2024-12-23 39.86 24.61 64.47 2025-01-01 41.23 25.99 67.22 730 SIGN ERECTOR 2024-12-23 34.69 19.88 54.57 2025-06-01 37.19 19.88 57.07 9 LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 10 City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.C. Department: Police Department ITEM DESCRIPTION Approval of an Application to Conduct Off-Site Gambling for Eden Prairie Hockey Association REQUESTED ACTION Adopt Resolution approving application to conduct off-site lawful gambling by the Eden Prairie Hockey Association at Schooner Days SUMMARY The Eden Prairie Hockey Association (EPHA) recently approached the City regarding its desire to sell pull-tabs at Schooner Days, a community festival occurring May 30–June 1, 2025 at Round Lake Park. The EPHA is working with the Eden Prairie Lions Club, Schooner Days organizer. EPHA currently has Premises permits for four locations within the City: Champps, Old Chicago, T. J. Hooligan’s and X-Golf. 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 EPHA’s application can be submitted to the Gambling Control Board. EPHA must still complete the application process and obtain approval from the Gambling Control Board before any lawful gambling may occur at this event. EPHA has met the requirements of City Code § 5.40 and staff recommends approval of the Application to Conduct Off-Site Gambling at Schooner Days, at Round Lake Park. This same permit was approved on May 7, 2024 by council for the 2024 Schooner Days Event. 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 EDEN PRAIRIE HOCKEY ASSOCIATION AT SCHOONER DAYS WHEREAS, Eden Prairie Hockey Association holds premises permits and is licensed to conduct lawful gambling at four locations in the City of Eden Prairie. WHEREAS, Eden Prairie Hockey Association is submitting an application to the Minnesota Gambling Control Board for approval of an Application to Conduct Off-Site Gambling at Schooner Days, a Community Festival occurring May 30–June 1, 2025 at Round Lake Park, 16691 Valley View Road, Eden Prairie, MN 55346. WHEREAS, Eden Prairie Hockey Association 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 Eden Prairie Hockey Association to conduct lawful gambling at Schooner Days, a community festival occurring May30–June 1, 2025 at Round Lake Park and directs the City Clerk to certify a copy of this resolution for Eden Prairie Hockey Association for inclusion with the state application. ADOPTED by the Eden Prairie City Council this 1st day of April, 2025. _________________________ Ronald A. Case, Mayor ATTEST: _______________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.D. Department: Matt Sackett, Police Chief ITEM DESCRIPTION Approve agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department REQUESTED ACTION Move to: Approve the agreement between the City of Eden Prairie and Hennepin County Human Services and Public Health Department for an additional on-site full time senior social worker at the Eden Prairie Police Department. SUMMARY This program will bring a Hennepin County senior social worker (SSW) to work on-site, full time at the Eden Prairie Police Department. The Eden Prairie Police Department will pay Hennepin County $67,500 for 04/01/2025 – 12/31/2025 for the service and provide a work space at the Eden Prairie Police Department for the SSW. From 01/01/2026 – 12/31/2026 the Eden Prairie Police Department will pay Hennepin County $90,000. Hennepin County will be responsible for remainder of the SSW’s pay, benefits, travel, training and work equipment. The agreement is for a 2 year period from April 1, 2024 – December 31, 2026. ATTACHMENTS Joint Powers Agreement between Hennepin County and Eden Prairie HC# A2512771 1 JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDEN PRAIRIE This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and City of Eden Prairie (“CITY”), 8080 Mitchell Road, Eden Prairie, Minnesota 55344, on behalf of its police department, (“POLICE DEPARTMENT”) and pursuant to the authority conferred upon them by Minn. Stat. § 471.59. The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human Services and Public Health Department is empowered to provide general and emergency public services that support and protect the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, CITY is a municipal corporation and governmental unit of the State of Minnesota and is empowered to provide general and emergency public services in a manner that supports and protects the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, the Parties desire to jointly and cooperatively coordinate their expertise and delivery of services to further the interests of providing mental health and related social services in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in Hennepin County, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits realized by each Party, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to enable COUNTY to provide social work services to POLICE DEPARTMENT, for POLICE DEPARTMENT to secure such services from COUNTY and to establish the terms on which such services shall be provided. 2. PROJECT/PROGRAM A. The Parties shall cooperate and collaborate to perform services associated with the Embedded Social Worker Model (the “Model”), as further described and outlined in Exhibit A: Description of Services. B. The Parties shall perform at all times in accordance with the provisions herein, including but not limited to the data provisions. HC# A2512771 2 3. TERM OF THE AGREEMENT The term of this Agreement shall be from April 1, 2024, through December 31, 2026, unless terminated earlier in accordance with the termination provisions of this Agreement. 4. PAYMENT A. In accordance with the provisions herein, CITY shall pay COUNTY as follows for 1.0 full-time Social Worker (“SW”), as that term is defined in Exhibit A, employed by COUNTY. 1) For the period April 1, 2025, through December 31, 2025, total payments by CITY to COUNTY shall not exceed Sixty-Seven Thousand Five Hundred dollars ($67,500). 2) For the period of January 1, 2026, through December 31, 2026, total payments by CITY to COUNTY shall not exceed Ninety Thousand dollars ($90,000). B. In the event that the SW position is vacant or the assigned SW is absent for a period of one- month, HSPHD may provide POLICE DEPARTMENT with a temporary SW to work onsite at POLICE DEPARTMENT when available. If a temporary onsite SW is not available, HSPHD may assign based on availability a coverage team to review existing services, determine need and complete outreach (via phone or in-person) based on resident needs for each referral from POLICE DEPARTMENT. POLICE DEPARTMENT may also opt to not have coverage until the onsite social worker is replaced. 1) There will be no additional cost to CITY if HSPHD assigns a temporary onsite SW worker. The billing will remain as set forth in this Agreement. 2) If HSPHD provides a coverage team to review existing services, determine need and complete outreach (via phone or in-person), CITY will be billed at 50% of the amount listed above during the period of reduced coverage. 3) If POLICE DEPARTMENT decides not to have HSPHD assign a temporary SW, HSPHD will not bill for period when position is vacant. 4) HSPHD shall submit a quarterly invoice to CITY for the previous quarter’s cost of SW services. In the event the SW position is not staffed for a portion of the billing cycle, the payment shall be prorated. C. CITY will make payment within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, CITY will notify HSPHD within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, CITY will make payment within thirty-five (35) days. D. Further, the Parties expressly agree that neither this Agreement nor either Party’s performance hereunder obligates or commits either Party to enter a subsequent contract or engagement with the other. HC# A2512771 3 5. LIABILITY AND NOTICE A. Each Party shall be liable for its own acts and the results thereof to the extent provided by law and, further, each Party shall defend, indemnify, and hold harmless the other (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the indemnifying Party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. The provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought against COUNTY and/or CITY as a result of this Agreement. B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subdivision 1a, provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Party. The total liability for the Parties shall not be added together to exceed the limits on governmental liability for a single governmental unit, pursuant to Minnesota Statutes, section 471.59. C. Duty to Notify: Each Party shall promptly notify the other Party of any actual or suspected claim, action, cause of action, administrative action, criminal arrest, criminal charge, or litigation brought against the party, its present and former officials, officers, agents, employees, volunteers, and subcontractors which arises out of this Agreement. 6. INSURANCE Each party warrants that it has purchased insurance or utilizes a self-insurance program sufficient to meet its liability obligations and, at a minimum, to meet the maximum liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any immunity from liability under Chapter 466 or any other applicable law. 7. INDEPENDENT PARTIES Notwithstanding any other formal, written agreements or contracts which may exist between COUNTY and CITY, nothing is intended or should be construed in any manner as creating or establishing the relationship of partners between the Parties hereto or as constituting either Party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each Party is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Each Party will secure at its own expense all personnel required in performing services under this Agreement. Any personnel of a Party or other persons engaged in the performance of any work or services required by that Party shall have no contractual relationship with the other Party and will not be considered employees of the other Party. Neither Party shall be responsible for any claims related to or on behalf of HC# A2512771 4 the other Party’s’ personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or claims of discrimination arising out of state, local, or federal law, against a Party, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the other Party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 8. NONDISCRIMINATION In accordance with COUNTY’s policies against discrimination, POLICE DEPARTMENT shall not exclude any person from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 9. NO THIRD PARTY BENEFICIARY Except as herein specifically provided, no other person, customer, employee, or invitee of any Party or any other third party shall be deemed to be a third party beneficiary of any of the provisions herein. 10. DATA COUNTY, CITY, and POLICE DEPARTMENT, their officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of information, medical records or other health and enrollment information, and as any of the same may be amended, as well as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall survive the termination of this Agreement. 11. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State Auditor, Legislative Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the Parties which are pertinent to the accounting practices and procedures of the Parties and involve transactions relating to this Agreement. The Parties shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, termination. HC# A2512771 5 12. MERGER, MODIFICATION, AND SEVERABILITY A. The entire understanding between the Parties is contained herein and supersedes all oral agreements and negotiations between the Parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification; Liability and Notice; Merger, Modification and Severability; Default and Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND TERMINATION A. If either Party fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless the Party’s default is excused in writing by the non-defaulting Party, the non-defaulting Party may upon written notice immediately terminate this Agreement as to the defaulting Party or in its entirety. B. This Agreement may be terminated with or without cause by either Party upon sixty (60) days written notice. Either Party may immediately terminate this Agreement if the terminating party determines that the health and welfare of a member of the public is at risk. Upon termination, property or surplus money, if any, acquired as a result of the operation of this Agreement shall be distributed to the Parties in proportion to contributions of the Parties. C. Either Party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. The above remedies shall be in addition to any other right or remedy available to either Party under this Agreement, law, statute, rule, and/or equity. 14. NOTICES Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County HC# A2512771 6 Administrator at the address given in the opening paragraph of this Agreement with copies to HSPHD as detailed below. Notice to CITY or POLICE DEPARTMENT shall be sent to the address stated in the opening paragraph of this Agreement with a copy as detailed below. HSPHD: Leah Kaiser Director of Behavioral Health Hennepin County 300 South 6th Street Minneapolis, Minnesota 55487 leah.kaiser@hennepin.us CITY AND POLICE DEPARTMENT: Matt Sackett Chief of Police Eden Prairie Police Department 8080 Mitchell Road Eden Prairies, Minnesota 55344 Msackett@edenprairie.org 15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term or termination of this Agreement do survive such term, termination. Such provisions include but are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND TERMINATION; MARKETING AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 16. MARKETING AND PROMOTIONAL LITERATURE POLICE DEPARTMENT agrees that the terms, “Hennepin County” and “Hennepin County Human Services and Public Health Department”, the name of any elected official, or any derivatives thereof, shall not be utilized in any promotional literature or advertisements of any type without the express prior written consent of COUNTY. 17. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the state of Minnesota. HC# A2512771 7 The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the County STATE OF MINNESOTA Attorney’s Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: CITY OF EDEN PRAIRIE By: ___________________________________ Ronald A. Case Title: Mayor Date: __________________________________ By: ___________________________________ Rick Getschow Title: City Manager Date: __________________________________ HC# A2512771 EXHIBIT A: Description of Services 1 Subject to the provisions in the Agreement, including but not limited to provisions regarding data and data sharing, HSPHD and POLICE DEPARTMENT shall cooperate and collaborate to develop and perform services associated with the Program. The Parties agree that, subject to performance and outcomes under this Agreement, additional teams may be developed, agreed upon, and implemented. Program Objectives: Objective 1. SW and patrol officers responding to 911 calls related to mental/behavioral health, substance use, and/or low level crime as SW will assess and when appropriate refer Individuals to community resources as set forth herein. Objective 2. Ensure timely engagement with individuals who need support; Objective 3. Fewer arrests and repeat calls for individuals served; Objective 4. Increased public satisfaction with the response to mental health emergencies; and Objective 5. Free up additional police resources for other types of calls. Program Overview: HSPHD and POLICE DEPARTMENT seek to pilot a New Response Team as part of the Model in Eden Prairie Police Department. Mental health calls require a specific skill set which may differ from the standard training of the current emergency response structure made up of police, fire, and emergency medical services. As further described herein, New Response Team may be asked to respond to situations in the following manner: (i) Eden Prairie 911 Dispatch may dispatch New Response Team in response to a 911 call; (ii) POLICE DEPARTMENT may, following assessment of a situation, request that Eden Prairie dispatch New Response Team; or (iii) New Response Team may self-initiate a response. POLICE DEPARTMENT and HSPHD staff will work collaboratively to prevent reoccurrences of crisis calls. Program Guidelines: To achieve the objectives, the Parties shall exercise best efforts to assign personnel and to perform in accordance with the following program specifications, including but not limited to Eden Prairie 911 Dispatch Guidelines and Police Department Guidelines. Eden Prairie 911 Dispatch Guidelines: Eden Prairie may, in its sole discretion, dispatch New Response Team if a CTNC (call type nature code) (as described below) is assigned in response to: (i) a 911 call; or (ii) a request for New Response Team dispatch from POLICE DEPARTMENT’s responding officers. HC# A2512771 EXHIBIT A: Description of Services 2 Eden Prairie, as agreed upon with the other Parties, shall train dispatch personnel to recognize situations where dispatching New Response Team may be appropriate. which may include situations categorized into the following CTNCs: 1. Suicide Attempt 2. Suicide Threat 3. Overdose 4. Intoxication 5. Person in Crisis 6. Panhandling 7. Domestic 8. Domestic Assault 9. Welfare Check The Parties may modify the CTNCs at any time. The Parties each expressly acknowledge and agree that nothing herein shall modify or alter Eden Prairie’s primary obligation to ensure public safety and to keep and preserve the peace. Eden Prairie personnel shall exercise their sole discretion in deciding whether to dispatch New Response Team. Nothing herein is intended to nor shall be construed as requiring that Eden Prairie dispatch New Response Team. Police Department Guidelines: POLICE DEPARTMENT shall train law enforcement personnel to recognize situations where requesting dispatch of New Response Team to calls that are not initially dispatched to New Response Team by Eden Prairie 911 Dispatch but where POLICE DEPARTMENT’s responding officer(s) subsequently observe what they believe to be situations where New Response Teams response may be appropriate. If POLICE DEPARTMENT requests that Eden Prairie dispatch New Response Team, POLICE DEPARTMENT’s officers will, to the extent possible, include known data about the Individual. Generally: New Response Team shall only be dispatched/requested if the identified location is within the jurisdictional limits of the POLICE DEPARTMENT. If New Response Team is not available to respond, Eden Prairie will follow standard dispatch policy and procedure. Each Party shall follow its applicable policy, procedure, and training, including but not limited to documenting and reporting. New Response Team Guidelines: New Response Team will assess and respond to individuals encountered by New Response Team, response (“Individual(s)”). As appropriate, a responding New Response Team may refer HC# A2512771 EXHIBIT A: Description of Services 3 to needed resources, complete a crisis plan, connect to existing supports and transport to appropriate locations. POLICE DEPARTMENT will work with HSPHD to establish a process/rules for tracking Individual referrals. Parties’ Responsibilities: In addition to the responsibilities described above, the Parties shall generally be responsible as follows: Roles and Responsibilities of Parties POLICE DEPARTMENT will: A. Provide office space for the Senior Social Worker (SW); B. Provide a hotspot for connection if SW are otherwise unable to access to COUNTY network; C. Provide SW any additional equipment and system access needed beyond what is provided by COUNTY including but not limited to Radios, MDC, etc. D. Work with HSPHD management to establish operational protocols including but not limited to referral criteria and process, hours of operation, data tracking and analysis. HSPHD will: A. Provide the SW with equipment that is necessary for completing their work. This includes, but is not limited to, laptop computer, cell phone, printer, computer monitor, docking station and office supplies; B. Supervise the SW staff providing services under this Agreement; C. Be responsible for transportation/mileage expenses for the SW. The SW will be responsible following the HSPHD transportation/mileage reimbursement policies; D. Provide short-term assistance to individuals in order to connect the individuals with internal and/or community resources to help meet their needs. Services will be provided in real-time and in an ethical and culturally sensitive manner. Services could include coordination with existing service providers, risk assessments, referrals and evaluation of need for emergency services and assistance in making those connections; HC# A2512771 EXHIBIT A: Description of Services 4 E. Share individually identifiable information with law enforcement only when there is an ongoing emergency situation and the client information is necessary to protect the health or safety of the individual or other people and pursuant to applicable law. Information disclosed shall be limited to that necessary to address the emergency situation. During contact with individuals, the SW will make a reasonable attempt to obtain a Release of Information (ROI) signed by each individual served, in order to permit relevant information to be subsequently shared with POLICE DEPARTMENT. Without a ROI, individually identifiable information will be shared with POLICE DEPARTMENT only as previously described; and F. Collect information needed to determine eligibility for community and/or county resources/services as needed. The SW will facilitate referrals to appropriate resources; City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.E. Department: Administration / Finance ITEM DESCRIPTION Approve 2024 Unbudgeted Fund Transfers. REQUESTED ACTION Move to approve 2024 unbudgeted fund transfers. SUMMARY As part of the audit of the city’s financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a recommended practice by the City’s auditors. Most of the transfers are related to various funds share of a project. ATTACHMENTS Transfer Schedule City of Eden PrairieTransfer Schedule12/31/24Transfer TransferIn Out Amount ExplanationAllocation of CostsGeneral Fund Senior Board600$ Transfer the Senior Board's share of various programs/projectsEconomic DevelopmentTIF Elim Shores & Prairie View12,256$ Close old TIF FundsProject FundEconomic Development16$ Close old TIF FundsCapital Improvement FundWastewater29,562$ Transfer Wastewater share of Willow Creek Road Bridge project Transportation FundG.O. Improvement Bonds 08B323,612$ Close debt fundTransportationShady Oak Road70,852$ Close Shady Oak Road Fund to Transportation FundPublic ImprovementCapital Improvement900,000$ Transfer Capital Improvement Fund share of West 70th projectPublic ImprovementStormwater110,000$ Transfer Stormwater share of West 70th projectPublic ImprovementTransportation55,514$ Transfer Transportation share of Prairie Center Drive/Singletree Lane projectFacilities FundLease Fund250,000$ Transfer revenue from Lease Fund due to lost tenant revenueCapital Maintenance and Improvement Fund General Fund2,971,818$ Transfer amounts above amount needed to maintain fund balance policyHealth & Benefits FundGeneral Fund500,000$ Transfer amounts above amount needed to maintain fund balance policy City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.F. Department: Public Works/Utilities Division - Rick Wahlen, Utilities Manager ITEM DESCRIPTION Approve Change Order No. 3 for Addition to Project Scope and Increased Costs for the Reconditioning of Sanitary Lift Stations 1, 13, and 15 REQUESTED ACTION Move to: Approve Change Order No. 3 in the amount of $90,841.32 for the Rehabilitation of three Sanitary Sewer Lift Stations by Minger Construction, Inc. SUMMARY Synopsis This change order addresses several challenging and unforeseen construction changes necessary to complete the rehabilitation of the sanitary sewer lift stations programmed for repair in 2024. Background Information Annually, Utilities Division plans for the reconditioning of at least one sanitary sewer lift station, cycling through all of the pumping facilities in a 20-year period. Three lift stations were completed in 2024 through a construction contract with Minger Construction. During the execution of this project, unforeseen interference with underground power and gas utilities, last minute changes to the power service provided by the Xcel Energy, additional demolition and concrete, longer duration bypass pumping, and other circumstances outlined in the attached change order document resulted in a change of scope and a price increase to the overall contract. All costs associated with this contract will be paid from the wastewater utility enterprise fund, the stormwater utility fund, and some of the cost will be reimbursed from the Metropolitan Council I&I grant program after the conclusion of the grant period in December 2025. ATTACHMENTS Change Order Document April 1, 2025 CHANGE ORDER NO. 3 Project: Reconditioning of Sanitary Lift Stations No: 1, 11, 13, and 15 Eden Prairie, Minnesota City Project No. 167130-23 To: Minger Construction, Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT 1.Unforeseen complications with the completion of the project including additional demolition and concrete work toavoid existing utilities; long lead times for special order components; Xcel Energy having a challenging schedulecausing delays in power reconnection all lead to an extended period of bypass pumping beyond the original jobestimate. The costs for this additional equipment cost and labor ($34,658.38) will be added to the contract.2.Existing utilities immediately adjacent to the lift station valve vault were discovered to be encased in concrete toprotect them from the wastewater structure and the gas and electric utilities were much closer to the valve vault thanany available locate information indicated. The resulting change in scope to the replacement of old piping and theexternal connection to the force main which now included significant demolition of concrete and careful placementof new sewer utilities and new concrete in close proximity to the gas and electric lines adds $51,490.93 to thecontract.3.The actual length of the temporary generator cable from the lift station panel to the power connection near the roadis determined to be longer than originally estimated in the specification. $4,592.01 is added to the contract to coverthe cost of this addition length of power cable.4.Change Order 2 for this contract included costs for additional stators necessary to accommodate a power supplychange required by Xcel Energy. The stators were ultimately unnecessary resulting in a deduction from the contractof $1,595.01. ORIGINAL CONTRACT AMOUNT $ 872,600.00 INCREASE FROM PREVIOUSLY APPROVED ADDITIONS $ 42,488.22 TOTAL DELETIONS - $ 1,595.01 INCREASE FROM THIS CHANGE ORDER $ 90,841.32 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 131,734.53 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 1,004,334.53 THE ABOVE CHANGES ARE APPROVED: CITY OF EDEN PRAIRIE By By Project Manager Mayor Date Date THE ABOVE CHANGES ARE ACCEPTED: By ________________________________________ City Manager Date _ CONTRACTOR By Date 03/24/2025 03/25/25 City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.G. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Approve construction contract agreement with IDC Automatic for 2025 ADA Ramp Improvement Project. REQUESTED ACTION Move to: Award Contract for the 2025 ADA Ramp Improvement project in the amount of $137,927.90 to IDC Automatic. SUMMARY Nine bids were received on Thursday, March 20, 2025. The engineer’s estimate and bids received are summarized below: IDC Automatic $137,927.90 BKJ Excavating $143,523.95 Standard Sidewalk, Inc. $148,075.00 Q3 Contracting, Inc. $151,429.92 Create Construction LLC $170,745.00 Thomas and Sons Construction $171,658.25 Concrete Idea Inc $179,990.00 Pember Companies, Inc. $187,422.15 JL Theis, Inc. $200,787.94 Engineer’s Estimate $194,310.00 Staff recommends awarding the contract for the project to IDC Automatic in the amount of $137,927.90. The annual ADA (Americans with Disabilities Act) Ramp Improvement Program is identified in the 2025-2034 Capital Improvement Plan and consists of rehabilitation of existing pedestrian facilities to bring them into compliance with current ADA requirements. Project areas are identified as described in the City’s ADA Transition Plan. The 2025 project area is generally located on residential streets along Baker Road north of Valley View Road. Construction is scheduled for the summer of 2025. The low bid received from IDC Automatic was under the engineer’s estimate by approximately 29%. Funding sources include the Transportation Fund and Capital Maintenance and Reinvestment funds. ATTACHMENTS Attach 1 – Construction Contract Agreement 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 1st day of April 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and IDC Automatic, a Minnesota Limited Liability Company, 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: 25800-2025 2025 ADA Ramp Improvement Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $137,927.90. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.H. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Sweeping for all city roads and Staring Lake Impaired Water subwatershed. Quotes were received from the following companies: • Pearson Bros., Inc - $72,500.00 • McPhillips - $78,650.00 • On Call Sweeping - $98,500.00 • Dakota Sweeping – No Bid • Allied Blacktop – No Bid REQUESTED ACTION Move to: Award the contract for 2025 Sweeping to in the amount of $72,500.00 not to exceed $100,000.00. SUMMARY Spring cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering the City’s wetlands, creeks, and lakes. Spring sweeping of the streets takes approximately 5-8 working days. Street sweeping will also take place in the fall to remove leaf debris from the streets for another 5-8 working days. Additionally, this year we have additional summer sweeping that is for the Staring Lake Impaired Water subwatershed. ATTACHMENTS Agreement City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.I. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for Vaisala’s Wx Horizon Pro software platform. This software is used to monitor road conditions mainly for winter plowing operations, but it can be used year-round with unlimited users. REQUESTED ACTION Move to: Approve the contract for Vaisala Service 2025-2027 with Vaisala Inc. in the amount of $33,486.00 not to exceed $40,000.00. SUMMARY Vaisala’s Wx Horizon Pro: This software platform is a winter maintenance decision-support tool that combines cutting-edge sensor technology with AI machine-learning weather prediction models to give you accurate and reliable insights into your entire roadway network's current and future weather conditions. It gives you the data and confidence to make well-informed decisions for every weather event. Included in the software are: a) Observation data for three (3) existing RWIS locations. Data to be displayed is specific to the sensor array selected. b) For every virtual point and weather station, you get a 24 or 72 hr. site-specific road weather forecast containing the following forecast parameters. c) Alert notifications d) Weather Map Layers e) Satellite/Radar f) Wind speed and feels like temperatures g) 10-day atmospheric weather forecast h) Archive functionality allowing you to see what the data looked like at a specific previous date/time i)Unlimited users ATTACHMENTS Agreement City Council Agenda Cover Memo Date: April 1, 2025 Section: Consent Calendar Item Number: VII.J. Department: Public Works/Utilities (Andy Allmann, Field Operations Supervisor) ITEM DESCRIPTION Award Contract for Water Main Valve Repairs to Precision Utilities (IC # 257400) REQUESTED ACTION Move to: Award contract for performing Water Main Valve Repairs to Precision Utilities, Inc. in the amount of $132,096 with a maximum cost not to exceed $164,000. SUMMARY Synopsis Quotes were solicited from three competent local underground utility contractors for digging up and replacing corroded bolts in water main valves and fittings in streets where the bituminous surface is scheduled to be reconditioned in 2025 as part of the City’s pavement management program. All trusted contractors have worked with the city and are familiar with our system and procedures. Staff recommends awarding the contract to the lowest-cost proposal. With the base unit price of the low quote being 47% less, it is recommended to repair more than forty gate valves as proposed in the quotes. Contractor Base Proposal Unit Price Base Proposal Total Alternate 1 (Bituminous) Alternate 2 (Curb) Total Precision Utilities $1,725 $69,000 $52,800 $10,296 $132,096 Valley Rich Inc $2,550 $102,000 $57,600 $10,296 $169,896 Krueger Excavating $2,975 $119,000 $58,000 $10,010 $187,010 Background Information This preventive maintenance effort is intended to eliminate potential future water main leaks in our newly reconditioned streets due to bolt failure. The consequential damage to a new street surface that inevitably occurs from an emergency repair can be greatly minimized. The cost of these preemptive repairs is approximately 30 to 40 percent less than our emergency repair expenses which can occur at any time of the day or night. Project costs are funded in the water utility capital improvement plan for 2025. ATTACHMENTS Contract 2018 08 01 Construction Contract This Contract (“Contract”) is made on the _20th 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, Inc, a Minnesota _corporation_(hereinafter "Contractor") whose business address is_14067 62nd Street, 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 Contract is to set forth the terms and conditions for the provision of services by Contractor for _the Excavation of Water Distribution System Valves and Fittings, Replacement of all Bolts within the Excavation, Wrapping Exposed Pipe and Fittings with Polyethylene Encasement, Verifying System Integrity, Backfilling the Excavation, and Restoring the Road Surface and/or Curb_ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by _July 1, 2025_. 3. Compensation for Services. City agrees to pay the Contractor a sum not to exceed $_164,000_ as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Standard Construction Contract 2018 08 01 Page 2 of 16 Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably Standard Construction Contract 2018 08 01 Page 3 of 16 foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. Standard Construction Contract 2018 08 01 Page 4 of 16 The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; Standard Construction Contract 2018 08 01 Page 5 of 16 d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. Standard Construction Contract 2018 08 01 Page 6 of 16 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2018 08 01 Page 7 of 16 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an Standard Construction Contract 2018 08 01 Page 8 of 16 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 Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Construction Contract 2018 08 01 Page 9 of 16 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Construction Contract 2018 08 01 Page 10 of 16 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. Standard Construction Contract 2018 08 01 Page 11 of 16 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is Standard Construction Contract 2018 08 01 Page 12 of 16 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. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data 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 Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract 2018 08 01 Page 14 of 16 EXHIBIT A: SCOPE OF WORK The scope of services to be provided by the Contractor selected by the City will include the following requirements: PROJECT DESCRIPTION: Contractor will provide the labor and equipment to perform preventive maintenance water distribution system gate valve repairs of specific valves/fittings located in the City’s pavement rehabilitation areas planned for 2025. Contractor’s responsibilities include the mobilization of all necessary equipment to each site; the actual excavation of each selected fitting or valve; the labor to perform all necessary work functions within the Contractor’s scope; the backfilling of the excavation; and where necessary, the restoration of bituminous roadway and any disturbed concrete curb and gutter. The City will contribute to the project with labor, equipment, and materials as indicated below in CITY RESPONSIBILITIES. For cost estimation for comparison of proposals, the Contractor will provide a proposal based upon the following assumptions: 1. Base Proposal: Include all costs necessary to perform forty (40) valve repairs. Base bid work shall include the excavation, replacement of bonnet bolts and packing bolts, replacement of valve-to-pipe mounting bolts, the placement of poly-wrap (per DIPRA standard), the reinstallation of curb boxes, verification there are no leaks, and the backfilling of the excavation to within 4-inches of the road surface. Provide the unit cost of one valve repair. 2. Proposal Alternate 1: a. Assume bituminous roadway restoration will be necessary for 40 of these valves. i. Provide unit price for bituminous asphalt per square foot for 4 inches of compacted thickness. Unit price per ton of asphalt is also acceptable. ii. Assume each repair will require 144 square feet of roadway restoration. iii. Provide total price for 40 asphalt restoration repairs of the size requested. b. Assume concrete curb and gutter will be necessary for 20 of these repairs. i. Provide unit price per linear foot of concrete curb and gutter. ii. Assume each of the 20 repairs will require the replacement of 13 feet of curb and gutter. iii. Provide total price for curb and gutter replacement at 20 sites of this size. 3. Calculation of actual project costs for invoicing will use the above proposed unit price values for actual quantities used at each site. a. Each excavation repair will be billed at the base-proposal per site. b. Each Alternate 1A repair will be billed by unit price x actual quantity of asphalt. c. Each Alternate 1B repair will be billed by unit price x true length of replaced curb. Standard Construction Contract 2018 08 01 Page 15 of 16 Est. Qty. Unit Price Total 1 Gate valve bolt replacement 40 $1,725 $69,000 2 Bituminous patch (10ftX12ft) 40 $1,320 $52,800 3 Curb replacement per LF 143 LF $72 LF $10,296 Total bid: $132,096 GENERAL PROJECT EXPECTATIONS: The City’s primary expectation is for the repairs to be completed before the street rehabilitation contractor arrives to work on the street. Daily coordination and site visits by the Eden Prairie Utilities Lead responsible for water main repairs as well as periodic on-site visits/meetings with the Field Operations Supervisor and Utilities Division Manager will be expected to ensure communication regarding support, scheduling, and outside influences are understood by all involved. The Contractor is free to schedule these repairs with prior approval by the City to fit within the Contractor’s summer workload, provided the work does not delay or interfere with the street rehabilitation performed by another contractor. The City’s preference is for the Contractor to do all repairs within this contract in a continuous manner, but we realize that may not be possible in every situation. CONTRACTOR’S RESPONSIBILITIES: A. Contractor must perform all work in satisfaction of the City’s guide specifications for Watermain Systems; Utility Excavation, Installation, and Restoration; and Street Construction found on the City’s website (SEARCH “Guide Specifications”). B. Contractor will observe and provide for all necessary safety standards in accordance with OSHA and Minnesota OSHA. C. Contractor will attend a preconstruction meeting with the City which may include site visits to some or all of the project sites. Materials anticipated for the project that will be provided by the City must be requested by the Contractor. D. Contractor will provide the City with a project schedule and update the schedule when departures from the plan cause more than one week of delay in the initial plan. E. Contractor will provide all necessary construction equipment to perform the repairs. F. Contractor will provide all necessary labor to perform the work described in his scope of work. G. Requests for City hydroexcavation support must be made the week prior whenever possible. This type of support is limited and may not be available for every request. Last minute requests may be entertained, but cannot be assured. H. Contractor will provide a current price schedule for equipment hours and labor that may be used on this project. This will only be used in determining or negotiating the Standard Construction Contract 2018 08 01 Page 16 of 16 calculation of expenses determined to be additional cost items outside the scope of this contract. CITY RESPONSIBILITIES: A. City will be prepared to provide for traffic control at all project locations. B. City will provide dump trucks with operators to transport soil in or out of each project location. C. City is responsible for providing all materials necessary for soil corrections. D. City will provide all piping system materials including: a. Polyethylene encasement and wrapping tape b. Cast iron valve boxes and any necessary fittings E. City is responsible for performing or coordinating for lawn restoration, including any landscaping or tree replacement. F. City will provide for any necessary stormwater erosion control measures and inlet protection. ADDITIONAL COST ITEMS: The following unanticipated conditions are not included in this proposal, and if encountered or required by the City at the time of repair, these items may be negotiated for additional billing: A. Site dewatering B. Soil correction (if City cannot provide) C. Pipe support D. Removal of buried obstructions E. Hauling support F. Hazardous materials handling/removal G. Repair of irrigation systems or drainage systems H. Tree removal or replacement I. Private Utility Locates J. Stormwater erosion control City Council Agenda Cover Memo Date: April 1, 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 316318 – 316838 Wire Transfers 11198 - 11259 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 4/1/2025 Division Amount Division Amount 000 General 23,346 601 Prairie Village Liquor 100,106 100 City Manager 63,257 602 Den Road Liquor 173,988 101 Legislative 354 603 Prairie View Liquor 118,571 102 Legal Counsel -3,069 605 Den Road Building 4,122 110 City Clerk -53 701 Water Enterprise Fund 193,770 111 Customer Service 581 702 Wastewater Enterprise Fund 147,591 112 Human Resources 15 703 Stormwater Enterprise Fund 6,549 113 Communications 11,334 Total Enterprise Fund 744,698 114 Benefits & Training 1,149 131 Finance 5,595 802 494 Commuter Services 29,068 132 Housing and Community Services 1,959 806 SAC Agency Fund 72,065 136 Public Safety Communications 4,068 807 Benefit Fund 1,129,102 137 Economic Development 122 811 Property Insurance 5,457 151 Park Maintenance 27,231 812 Fleet Internal Service 283,544 154 Community Center 18,956 813 IT Internal Service 134,276 156 Youth Programs 4,923 815 Facilities Operating ISF 52,688 158 Senior Center 17,477 816 Facilities City Center ISF 72,854 159 Recreation Administration 15,259 817 Facilities Comm. Center ISF 139,334 162 Arts 6,624 818 Dental Insurance 14,037 163 Outdoor Center 783 Total Internal Svc/Agency Fund 1,932,423 180 Police Sworn 30,888 184 Fire 15,698 Report Total 3,331,716 186 Inspections 3,884 200 Engineering 1,421 201 Street Maintenance 16,251 202 Street Lighting 85,662 Total General Fund 353,715 303 Cemetery Operation 698 Total Special Revenue Fund 698 308 E-911 119 315 Economic Development 2,409 502 Park Development 269,881 509 CIP Fund 1,804 513 CIP Pavement Management 411 526 Transportation Fund 3,940 541 Dell Rd (Crestwood to CSAH 61)21,298 544 Shady Oak (FCD to Valley View) 336 804 100 Year History -17 Total Capital Projects Fund 300,181 City of Eden PrairieCouncil Check Register 4/1/2025 Check Amount Supplier/Explanation Account Description Business Unit Comments 11204(E)394,461 HEALTHPARTNERS Insurance Premiums Health and Benefits Mar 2025 Premiums 11228(E)323,948 UKG INC Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.07.25 316383 269,881 GOODMANSON CONSTRUCTION OCS - Other Contracted Services Park Acquisition & Development Miller Park Court Renovation 11226(E)240,449 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.21.25 316779 194,287 MIDWAY FORD Autos Fleet - Park & Rec New Fleets PW, P&R316435134,901 MINGER CONSTRUCTION INC Improvement Contracts Wastewater Capital Multiple Lift Station Rehab 316502 125,901 XCEL ENERGY Electric Various Funds Multi-premise electric 316831 123,303 XCEL ENERGY Electric Various Funds Multi-premise electric 11255(E)116,179 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax Feb 2025 316434 71,344 METROPOLITAN COUNCIL Due to Other Governments SAC Fund 316778 50,000 METRO TRANSIT Deposits General Fund31670046,669 AVOLVE SOFTWARE New Software IT Capital 316370 45,338 DODGE OF BURNSVILLE Autos Fleet - Police 11223(E)40,888 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 316711 37,236 CENTERPOINT ENERGY Electric General Community Center 316820 34,234 UKG INC Software Maintenance IT Operating 11222(E)33,957 EMPOWER Deferred Compensation Health and Benefits 316741 33,308 FIRST DUE Software Maintenance IT Operating 316738 32,370 EXCEL LAWN & LANDSCAPE OCS - Snow Removal Various Funds 316731 25,366 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 316746 23,690 GRAYMONT Chemicals Water Treatment 316408 22,749 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 316830 21,298 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61) 316351 20,877 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds31681720,021 TOTAL MECHANICAL SERVICES OCS - HVAC General Community Center 11208(E)18,731 WEX Health Savings Account Health and Benefits 11248(E)18,731 WEX Health Savings Account Health and Benefits 316471 18,250 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 316836 18,051 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor Store 316774 17,300 MEDICINE LAKE TOURS Special Event Fees Trips31683717,055 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor Store 11206(E)17,001 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card / Bank Fees Liquor Funds 11224(E)16,859 PAYCHEX Wages & Benefits 494 Corridor Commission 316330 16,034 ABM ONSITE SERVICES-MIDWEST Janitor Service Various Funds 316757 15,453 HULS BROKERAGE INC Lime Residual Removal Water Treatment 316809 15,282 STREICHERS Protective Clothing Police Sworn 316394 13,680 HAWKINS INC Chemicals Water Treatment 316536 13,472 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 11203(E)12,668 CARD CONNECT Credit Card / Bank Fees Various Funds 316798 12,163 SHADYWOOD TREE EXPERTS INC OCS - Other Contracted Services Tree Removal 316377 12,130 FACILITIES MANAGEMENT EXPRESS LLC New Software Recreation Admin 316750 12,098 HAWKINS INC Chemicals Water Treatment 316355 11,935 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 316791 11,890 PRECISION UTILITIES OCS - Equipment / Vehicles Water Distribution 316325 10,448 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Premium Health and Benefits 316345 10,000 BERGANKDV LTD Audit & Financial Various Funds 316701 9,289 AXON ENTERPRISE INC 316538 9,056 CAPITOL BEVERAGE SALES LP 316562 9,023 BREAKTHRU BEVERAGE MN BEER LLC3165438,859 JOHNSON BROTHERS LIQUOR CO 316353 8,358 BREAKTHRU BEVERAGE MN WINE & SPIRITS 316553 8,279 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 316422 8,160 MACQUEEN EQUIPMENT INC 316448 8,015 PHILLIPS WINE AND SPIRITS INC 11202(E)7,445 BPAS3167487,125 GUARDIAN FLEET SAFETY LLC 316338 7,121 ARTISAN BEER COMPANY 316709 6,503 CATALYST GRAPHICS INC 316386 6,431 GRAYMONT 11221(E)6,138 HEALTHPARTNERS 316833 6,000 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC11246(E)5,998 HEALTHPARTNERS 316357 5,931 CATALYST GRAPHICS INC 316392 5,909 HAMMER COMMUNITY SOLAR LLC 316702 5,816 BARR ENGINEERING COMPANY 316776 5,790 METERING & TECHNOLOGY SOLUTIONS Check Amount Supplier/Explanation Account Description Business Unit Comments3165375,715 BREAKTHRU BEVERAGE MN WINE & SPIRITS 316491 5,640 VAN PAPER COMPANY 316493 5,562 VERIZON WIRELESS3163425,540 ASTLEFORD EQUIPMENT COMPANY INC 316571 5,491 JOHNSON BROTHERS LIQUOR CO 316767 5,457 LEAGUE MN CITIES INS TRUST 316828 5,406 WM CORPORATE SERVICES INC 11232(E)5,089 CHASE 316564 5,062 CAPITOL BEVERAGE SALES LP3167285,034 DG MINNESOTA CS 2021 LLC 316324 4,978 MADISON NATIONAL LIFE INSURANCE CO INC 316777 4,863 METRO SALES INCORPORATED* 316398 4,846 HEALTHPARTNERS 316766 4,818 LAW ENFORCEMENT LABOR SERVICES INC. 316475 4,796 ST CROIX ENVIRONMENTAL INC 316463 4,736 SCOTT COUNTY 316464 4,736 SCOTT COUNTY 316510 4,603 BREAKTHRU BEVERAGE MN BEER LLC 316755 4,465 HINTERLAND CSG LLC 316576 4,333 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 316518 4,321 JOHNSON BROTHERS LIQUOR CO 316503 4,213 XIGENT SOLUTIONS LLC 316462 4,012 SCOTT COUNTY 316432 4,000 MESSERLI & KRAMER 316525 3,984 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 316354 3,963 BROTHERS FIRE PROTECTION 316437 3,952 MINNESOTA VALLEY ELECTRIC COOPERATIVE 316480 3,735 Symetra Life Insurance Company3168113,685 Symetra Life Insurance Company 316402 3,613 HOHENSTEINS INC 316484 3,597 TNC Fabricating LLC 316827 3,500 WAYNES HOME SERVICES 316825 3,300 VOSON PLUMBING 316451 3,265 PRAIRIE ELECTRIC COMPANY11241(E)3,264 WEX 316511 3,260 BREAKTHRU BEVERAGE MN WINE & SPIRITS 316838 3,202 SCOTT COUNTY 316749 3,020 HACH COMPANY 11234(E)3,015 INVOICE CLOUD INC 316800 2,986 SOBANIA COMMUNITY SOLAR 316387 2,924 GREAT LAKES COCA-COLA DISTRIBUTION 316499 2,888 WINE MERCHANTS INC 316381 2,877 GENUINE PARTS COMPANY 316804 2,591 SSI KEF SLB LLC 316699 2,439 ARVIG 11225(E)2,422 PERA 316708 2,400 BS&A SOFTWARE 316474 2,355 SRF CONSULTING GROUP INC 316707 2,271 BRAUN INTERTEC CORPORATION 316418 2,200 LIFE SUPPORT INNOVATIONS 316765 2,185 LAKE COUNTRY DOOR LLC 316415 2,152 LEGACY GYMNASTICS 316732 2,146 DREW'S CONCESSIONS LLC 316366 2,108 COREMARK METALS 316704 2,069 BCM ONE 316332 2,028 AIRGAS USA LLC 316563 1,998 BREAKTHRU BEVERAGE MN WINE & SPIRITS 11220(E)1,991 WEX 316574 1,980 PHILLIPS WINE AND SPIRITS INC3167441,964 GENUINE PARTS COMPANY 316533 1,876 ARTISAN BEER COMPANY 316438 1,875 MINT CONDITION DETAILING INC 316554 1,836 VINOCOPIA 11236(E)1,821 WEX 316450 1,805 POMP'S TIRE SERVICE INC3163671,804 Critterfence LLC 316694 1,787 ADVANCED ENGINEERING & ENVIROMENTAL SERV 316763 1,728 JOHNSTONE SUPPLY 11199(E)1,718 FIDELITY SECURITY LIFE INSURANCE CO 316512 1,658 CAPITOL BEVERAGE SALES LP Check Amount Supplier/Explanation Account Description Business Unit Comments3168031,647 SSI KEF SLB LLC 316487 1,632 TWIN CITIES FLAG SOURCE, INC 316753 1,625 HENNEPIN HEALTHCARE3163641,600 COMPASS PEER GROUPS LLC 316818 1,600 TRAFFIC CONTROL CORPORATION 316812 1,578 SYSCO WESTERN MINNESOTA 316358 1,500 CENTERSTAGE PRODUCTIONS LLC 316695 1,459 AFRO DELI & GRILL 316458 1,440 RETRO BAKERY3165681,436 HOHENSTEINS INC 316447 1,433 PAUSTIS & SONS COMPANY 316341 1,431 ASSURED SECURITY 316559 1,395 ARTISAN BEER COMPANY 316500 1,373 WINEBOW 316805 1,355 STANTEC CONSULTING SERVICES INC 316714 1,325 CLIMB THEATRE 316421 1,314 LYNDALE PLANT SERVICES 316379 1,312 FIRE SAFETY USA INC 316442 1,310 NATIONAL MARTIAL ARTS ASSOCIATION, INC 316759 1,281 INTHERMO INC 316385 1,249 GRAYBAR 316555 1,249 WINE MERCHANTS INC 316548 1,245 PHILLIPS WINE AND SPIRITS INC 316786 1,245 NAC 316489 1,200 URBAN GROWLER BREWING COMPANY LLC 316692 1,191 ACTIVE 911 INC 316430 1,190 MENARDS 316522 1,189 PHILLIPS WINE AND SPIRITS INC3167251,188 DAIKIN APPLIED 316721 1,159 CORE & MAIN 316507 1,140 ARTISAN BEER COMPANY 11218(E)1,131 WEX 11233(E)1,117 AMERICAN EXPRESS 316799 1,108 SHOOTING STAR NATIVE SEEDS INC3163781,100 FAITH DUBOSE 316770 1,100 LIFE SUPPORT INNOVATIONS 316541 1,085 HOHENSTEINS INC 316428 1,055 MEGA BEER 316772 1,042 MARCO INC 316426 1,030 MATHESON TRI-GAS INC 316444 1,016 OPPIDAN INC 316425 1,000 MASON TYER 316343 961 BARNUM GATE SERVICES INC 11258(E)954 MINNESOTA DEPT OF REVENUE 316713 947 CINTAS CORPORATION 316497 941 VINOCOPIA 11210(E)926 WEX 11214(E)920 WEX 316400 917 HENNEPIN COUNTY TREASURER 316323 910 INTERNATIONAL UNION OF OPERATING 316433 910 METRO SALES INCORPORATED* 316758 910 INTERNATIONAL UNION OF OPERATING 11242(E)890 WEX 316824 885 VIRTUAL ACADEMY 316349 882 BOURGET IMPORTS 316578 878 WINE MERCHANTS INC 316439 867 MODIST BREWING COMPANY 316372 862 EARL F ANDERSON 316814 850 TECH SALES CO316775850MENARDS 316780 848 MIDWEST MECHANICAL SUPPLY 316706 839 BOUND TREE MEDICAL LLC 316528 839 WINE MERCHANTS INC 316411 831 KELE INC 316361 818 CLEAR RIVER BEVERAGE CO11217(E)809 WEX 316318 800 KING SAMANTHA 316414 800 LEAST SERVICES COUNSELING 316346 795 BERGMAN LEDGE LLC 316802 787 SRF CONSULTING GROUP INC Check Amount Supplier/Explanation Account Description Business Unit Comments316556753WINEBOW 316785 750 MINT CONDITION DETAILING INC 316395 748 HAYEN, LINDA316467733SHORT ELLIOTT HENDRICKSON INC 316656 726 NATHAN WYKLE 316790 726 PRAIRIE ELECTRIC COMPANY 316747 714 GREAT LAKES COCA-COLA DISTRIBUTION 316486 713 TWIN CITIES DOTS AND POP LLC 11251(E)708 WEX11257(E)708 WEX 316698 707 AMERICAN RED CROSS 11253(E)706 WEX 316509 702 BELLBOY CORPORATION 316745 702 GRAINGER 316461 696 SVL 316550 690 RISE RIGHT LLC 316789 689 OSI BATTERIES INC 11198(E)680 PMA FINANCIAL NETWORK INC 316455 679 PRYES BREWING COMPANY 316535 676 BELLBOY CORPORATION 316573 674 PAUSTIS & SONS COMPANY 11209(E)661 WEX 316334 659 AMERICAN RED CROSS 316577 653 VINOCOPIA 316501 651 WOODEN HILL BREWING COMPANY LLC 316340 647 ASPEN WASTE SYSTEMS INC. 316740 647 FERGUSON WATERWORKS 316829 644 WM MUELLER AND SONS INC316460628RICHFIELD PRINTING INC 316417 600 LEVINE MARK HARVEY 316494 600 VERIZON WIRELESS 316729 600 DIETHELM, TAMMY L 316691 599 ACME TOOLS 316696 584 AIRGAS USA LLC11250(E)581 WEX 316561 580 BELLBOY CORPORATION 316788 578 NORTH CENTRAL LABORATORIES 316476 577 ST CROIX LINEN LLC 316396 560 HD SUPPLY FACILITIES MAINTENANCE 316519 548 MAVERICK WINE LLC 316492 546 VENN BREWING COMPANY 316565 545 CLEAR RIVER BEVERAGE CO 316534 545 BARREL THEORY BEER COMPANY 11249(E)541 WEX 316466 518 SHERWIN WILLIAMS CO 316539 516 CLEAR RIVER BEVERAGE CO 316516 513 HOHENSTEINS INC 316446 502 PAFFY'S PEST CONTROL 316482 500 THOMAS TRUCKING INC 316399 498 HEGG CATHERINE 316773 498 MASIMO AMERICAS INC 11227(E)491 UKG INC 316329 488 A CLEAR SOLUTION AUTO GLASS REPAIR 316479 488 SUBURBAN CHEVROLET 316796 480 RECON ROBOTICS 316794 471 QUALITY PROPANE 316823 469 VESTIS SERVICES LLC 11231(E)461 US BANK - CREDIT CARD MERCHANT ONLY 316388 450 GREGERSON ROSOW JOHNSON & NILAN LTD316449450PLANT & FLANGED EQUIPMENT 316619 450 JAMES INDREHUS 316549 446 RED BULL DISTRIBUTING COMPANY INC 316498 445 WIESE USA 316751 444 HEALTHPARTNERS OCCUPATIONAL MEDICINE 316369 444 DIVERSE BUILDING MAINTENANCE316521443PAUSTIS & SONS COMPANY 11219(E)437 WEX 316545 434 MEGA BEER 11254(E)428 WEX 316427 427 MAVERICK WINE LLC Check Amount Supplier/Explanation Account Description Business Unit Comments316752425HENNEPIN COUNTY FIRE CHIEF ASSOC 316682 421 TERRY D WEIR 316410 420 JOHNSON CONTROLS FIRE PROTECTION316795419R & R SPECIALTIES OF WISCONSIN INC 316544 412 MAVERICK WINE LLC 11230(E)408 UKG INC 316424 400 MARTIN-MCALLISTER 316380 396 FREEZIAC 316344 393 BELLBOY CORPORATION316376390ESTRINE, ROBERT 11235(E)388 INVOICE CLOUD INC 11238(E)381 WEX 316526 372 UNMAPPED BREWING CO 11215(E)369 WEX 316570 360 INSIGHT BREWING COMPANY LLC 11239(E)359 WEX 316405 358 INTERTECH INC 316527 351 VINOCOPIA 11245(E)350 WEX 316375 350 EQUIPMENT COATING INC 316391 346 H M CRAGG CO 316483 344 TIMESAVER OFF SITE SECRETARIAL INC 316363 338 COMCAST 316441 330 MUEHLBAUER, THOMAS G 316520 324 MEGA BEER 316560 320 BARREL THEORY BEER COMPANY 316429 315 MEGAN BIGELOW 316529 307 WINEBOW316337305ARCPOINT LABS OF EDINA 316756 300 HOLISTIC TREE AND FORESTRY 316365 299 CONCRETE CUTTING AND CORING 316813 296 T-MOBILE 316605 294 DENISE KRAEMER 316792 293 PRINT SOURCE MINNESOTA316457291RED BULL DISTRIBUTING COMPANY INC 316481 285 SYSCO WESTERN MINNESOTA 316373 282 ELM CREEK BREWING COMPANY 316390 278 H M CRAGG CO 316727 278 DELTA DENTAL 316513 278 CLEAR RIVER BEVERAGE CO 316542 278 INSIGHT BREWING COMPANY LLC 316705 277 BERRY COFFEE COMPANY 11252(E)276 WEX 316768 275 LEIFELD FRAMING 316826 272 WASECA TECH SERVICES 316632 268 JOHN RETTERATH 316547 267 PAUSTIS & SONS COMPANY 316566 266 DANGEROUS MAN BREWING CO LLC 316718 266 COMCAST 11247(E)266 VANCO SERVICES 316454 265 PROPIO LS LLC 316505 262 56 BREWING LLC 316579 253 WINEBOW 316730 250 DIRECTV 316664 249 RANDY BROWN 316524 245 SMALL LOT MN 316540 245 DANGEROUS MAN BREWING CO LLC 11212(E)242 WEX 316508 238 BARREL THEORY BEER COMPANY316468237SHRED RIGHT 316669 236 RENJU MATHEWS 316496 230 VESTIS SERVICES LLC 316404 223 INBOUND BREW CO 316769 221 LHB INC 316715 216 COMCAST316684215TILOK GHOSE 11229(E)214 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 316771 210 LYNDALE PLANT SERVICES 316671 210 RICHARD SCHERER 316720 209 CONCRETE CUTTING AND CORING Check Amount Supplier/Explanation Account Description Business Unit Comments31655720656 BREWING LLC 316816 205 TOLL GAS AND WELDING SUPPLY 316440 204 Montgomery Brewing Company LLC316532202AM CRAFT SPIRITS SALES & MARKETING 316572 198 LUPULIN BREWING COMPANY 316374 198 ELYSIA DREES 316590 195 CAROL MUNDAHL 11240(E)194 UKG INC 316551 191 SHAMROCK GROUP, INC - ACE ICE316397189HEADFLYER BREWING 316806 187 STAPLES ADVANTAGE 316359 186 CENTURYLINK 11201(E)183 WEX 316465 182 SHAMROCK GROUP, INC - ACE ICE 316835 177 DUSTRUD, STEPHANIE 316477 173 STEEL TOE BREWING LLC 316331 172 ADAMS PEST CONTROL INC 316368 171 DANGEROUS MAN BREWING CO LLC 316546 171 NEW FRANCE WINE COMPANY 316762 168 JOHNSTONE SUPPLY 316514 165 DANGEROUS MAN BREWING CO LLC 316517 162 INBOUND BREW CO 316693 160 ADAMS PEST CONTROL INC 316328 159 PROP - PR 316793 159 PROP - PR 316658 157 NICK OPRISH 11216(E)157 WEX 316652 157 MICHAEL MITCHELL316662156PAUL ALLEN 316832 154 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 316610 153 ERIC KITTELSON 316645 151 LEONARD MATHIASON 316531 150 56 BREWING LLC 316797 150 RILEY BURNS316593146CHRISTOPHER KOTTENSTETTE 316321 145 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 316581 142 AMY NORTON 316688 141 VIKAS KANSAL 316582 140 ANN W SCHUSTER 316690 140 WILLIAM C DENTINGER 316384 139 GRAINGER 316834 138 WSB & ASSOCIATES INC 11207(E)137 PAYA 316661 134 OWEN STOCKDALE 316617 134 ILANA FEREDE 316686 134 TOM GRAFFUNDER 316726 133 DAXKO LLC 316637 133 KATIE PENDLETON 316599 132 CURT CONRAD 316558 130 AM CRAFT SPIRITS SALES & MARKETING 316822 130 VAN PAPER COMPANY 316348 129 BOUND TREE MEDICAL LLC 316672 129 ROBERT MONTGOMERY 316419 128 LIGHTING PLASTICS OF MN 316596 123 COLETTE DOLAN 316371 123 DOMACE VINO LLC 316515 123 DOMACE VINO LLC 316567 123 DOMACE VINO LLC 316420 122 LINDAHL, DAVID316490120US DIGITAL DESIGNS 316781 120 MINNESOTA DEPT OF LABOR AND INDUSTRY 316530 119 WOODEN HILL BREWING COMPANY LLC 316719 119 COMCAST 316552 117 SMALL LOT MN 316644 115 LAURA HALSETH316808114STERICYCLE INC 316640 113 KENNETH KING 316616 113 HPA US1 LLC 316743 112 GARY CARLSON EQUIPMENT 316620 111 JAMES LINDAHL Check Amount Supplier/Explanation Account Description Business Unit Comments316717103COMCAST 11237(E)101 WEX 316815 100 TEST GAUGE INC316389100GREGOIRE, DAVID 316622 100 JANIS B LIENEMANN 316413 98 LAWN RANGER, INC, THE 316629 95 JOEL BURFEIND 316356 91 CARLSTON, BRANDON 316478 91 STREICHERS31644391NEW FRANCE WINE COMPANY 316607 90 DONNA GILMORE 316569 88 INBOUND BREW CO 316589 88 CAROL ALDRICH 316821 87 UPS 316470 85 SMALL LOT MN 316401 83 HENNEPIN COUNTY TREASURER 316382 83 GILES GAVIN 316403 83 HORNAMAN, SCOTT 11244(E)83 PAYCHEX 316615 81 HEATHER PRONDZINSKI 316670 81 RICHARD J CARMODY 316654 80 MONICA OPALINSKI 316635 78 JOSEPH KINTZEL 316687 77 VERA OESTREICHER 316362 76 COMCAST 316456 76 RANDY THOMPSON 316506 76 AM CRAFT SPIRITS SALES & MARKETING 316649 76 MARILYN SWITZER31633675AMRUTA MARWAH 316412 75 KILEY DEMERY 316453 75 PRERNA DUBEY 316473 75 SREEKANTH MEKALA 316697 75 ALLEGRA PRINTING 316350 72 BOYER TRUCKS31658072ALYSSA KLEIN 316523 72 SHAMROCK GROUP, INC - ACE ICE 316648 71 LIZA BALESTRIERI 316733 68 ECM PUBLISHERS INC 316668 67 REGENCY PARC CONDOMINIUM ASSOCIATION 316724 65 CULLIGAN BOTTLED WATER 11256(E)65 WEX 316807 65 STARKEY CENTER FOR EXCELLENCE 316675 65 ROBIN K BROWN 316639 65 KELLIE RADEMACHER 316459 65 RICHFIELD PRINTING INC 316416 64 LEONARD, MICHELLE 316761 61 JOHNSTON, ROB 316739 60 FACTORY MOTOR PARTS COMPANY 316319 55 CHC CREATING HEALTHIER COMMUNITIES 316712 55 CHC CREATING HEALTHIER COMMUNITIES 316586 55 BO NILSSON 316584 55 BARBARA SIMONS-WUTZ 316703 52 BATTERIES PLUS BULBS 316335 50 AMIT MEHTA 316347 50 BHARTI AGARWAL 316393 50 HANNA PRUSSOG 316469 50 SHRIYA NANDAKUMAR 316602 48 DANIEL BURKE 316609 48 ELMUROD NORBOEV31659248CHARLES PINKERMAN 316333 46 AMERICAN PRESSURE INC 316676 45 SAGARIKA SARKAR 316677 43 SANDRA PLOETZ 316723 42 CRASSAS TRACIE 316423 42 MADISON, MELISSA31643141MEREDITH KATE 316673 41 ROBERT PRIGGE 316591 40 CARRIE SCHINAS 316722 39 COREMARK METALS 316631 39 JOHN NILLES Check Amount Supplier/Explanation Account Description Business Unit Comments31661438GEORGIEANN WILLIAMS 316754 37 HESSEL, ZACK 316406 37 IRMITER REGAN31663036JOHN FOGG 316634 36 JOSEPH HELM-HOFF 316445 35 OSOWSKI BEN 316666 35 REALLYFASTREALTY LLC 316737 35 ENDEAVOR DEVELOPMENT 316601 35 DAN DUMONCEAUX31659534CODY CUELLAR 316603 34 DAVID SNYDER 316320 33 EDEN PRAIRIE CRIME PREVENTION FUND 316734 33 EDEN PRAIRIE CRIME PREVENTION FUND 316681 33 SUNIL GOPINATH 316585 33 BENJAMIN GILBERT 316685 31 TIMOTHY BUCKMAN 316678 30 SCOTT TURNBULL 11259(E)30 WEX 316643 30 LAURA FITZSIMMONS 316679 29 SHANNON STEINBRING JACOBS 316583 29 ASHLEY CHIRRICK 316604 28 DAVID VIELEHR 316600 27 DAMON KALAR 316689 27 VIVIAN RANK 316638 27 KEITH BRADY 316624 26 JAY SCHOO 316646 26 LINDA KEESLING 316764 25 KENNEDY & GRAVEN, CHARTERED31676025JANEX INC 316663 25 PAUL RIEMER 316575 24 SHAMROCK GROUP, INC - ACE ICE 316504 24 ZBINDEN SONJA 316783 24 MINNESOTA TROPHIES & GIFTS 316782 23 MINNESOTA POLLUTION CONTROL AGENCY31662822JOE STOEBNER 316606 22 DIXON JONES 316653 22 MICHAEL POWERS 316801 22 SPOK, INC. 11243(E)22 MONEY MOVERS INC 316436 22 MINNESOTA EQUIPMENT 316360 20 CHRIS CASTLE INC 11200(E)20 SQUARE 316633 19 JONATHAN JOHNSON 316680 18 SMASHBURGER AQUISTION MPLS LLC 316597 17 CONNOR CROW 316665 17 RANDY ZEJDLIK 316588 17 BRETT SULLIVAN 316594 16 CLAUDINE HANSEN 316651 16 MARY SAVAGE 316488 15 UPS 316655 15 NATE HANSON 316625 15 JEFF PENNEY 316659 15 NICOLE FOELS 316618 15 JAMES FLICKINGER 316784 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 316626 15 JOAN BOETTCHER 316627 15 JOE NGUYEN 316326 15 MINNESOTA LIFE INSURANCE COMPANY 316674 14 ROBERTO ADAME CALDERON31662114JANE HORNER 316608 12 EAGLE LAKE REALTY LLC 316657 11 NELSON MOEN 316322 11 EDEN PRAIRIE FOUNDATION 316736 11 EDEN PRAIRIE FOUNDATION 316339 10 ASCHENBECK SARA3165879BONNIE SHEEHAN 316742 9 FLYING CLOUD TRANSFER STATION 4553 316667 9 REALTY PROS, LLC 316641 8 KL MN 5 LLC 316683 8 THE BLANCHE E HOLMQUIST ESTATE Check Amount Supplier/Explanation Account Description Business Unit Comments3166428KRIS BRAATEN 316407 8 JANEX INC 316327 8 NCPERS GROUP LIFE INSURANCE3167878NCPERS GROUP LIFE INSURANCE 316650 8 MARY E RUSSELL 316623 8 JARED PETERSEN 316613 7 FRANZ BURRIS 316598 7 CRAIG FINCH 316611 7 ERIC REINERS11211(E)7 NCR PAYMENT SOLUTIONS,PA, LLC 316660 6 OPENDOOR LABS INC 316485 6 TULLY KEIKO 316647 6 LINDA NELSON 316612 6 ETHAN NIEMELA 316636 6 KAILA HOLMQUIST 316716 4 COMCAST 11213(E)4 WEX 316819 4 TULLY KEIKO 316495 3 VERMONT SYSTEMS, INC 316710 2 CEF EP COMMUNITY SOLAR LLC 3,331,716 Report Total City Council Agenda Cover Memo Date: April 1, 2025 Section: Ordinances and Resolutions Item Number: X.A. Department: Police Department/City Attorney ITEM DESCRIPTION First reading of an ordinance adopting new City Code Section 5.81 relating to registration of cannabis retail businesses REQUESTED ACTION Approve the first reading of an ordinance amending City Code Chapter 5 by adopting a new Section 5.81 relating to cannabis retail businesses. SUMMARY In 2023, the Minnesota legislature legalized the recreational use of cannabis. The statutory scheme adopted by the legislature provides that the newly created state Office of Cannabis Management (OCM) is responsible for licensing cannabis businesses, but requires that certain cannabis retail businesses register with the local government where the retail business will be located. OCM is still in the rulemaking process and has not yet issued any cannabis licenses, but licensing is expected to begin in the next couple of months. The authority of local governments, such as cities, to regulate such businesses is limited. The City may not prohibit the establishment or operation of a state-licensed cannabis business, but may place reasonable time, place, and manner restrictions on retail sale, including imposing buffer zones from certain uses and limiting hours of operation. Cities may also limit the number of retail registrations available to no fewer than one registration for every 12,500 residents. The proposed ordinance sets forth regulations for the registration of cannabis businesses that make retail sales to customers, including cannabis microbusinesses, cannabis mezzobusinesses, cannabis retailers, medical cannabis combination businesses, and lower-potency hemp edible retailers. The ordinance limits the number of retail registrations in the City for cannabis retailers, cannabis mezzobusinesses, and cannabis microbusinesses to five registrations, which is the minimum required by statute based on Eden Prairie’s population. The ordinance also imposes buffer requirements from certain uses. Certain cannabis retail businesses may not locate within 1,000 feet of a school or within 200 feet of another cannabis retail business. Hours of operation are limited to 10 am – 9 pm daily, which are the same hours of operation as City liquor stores. The ordinance also amends the City’s tobacco licensing section, Section 5.35, to provide that, if a licensed tobacco retailer also holds a cannabis retail registration, any grounds for suspension or revocation of the cannabis registration will also be grounds for suspension of the tobacco license. Finally, the ordinance provides for the future repeal of City Code Section 5.79. That section, adopted in 2022, requires retailers selling edible THC products, such as THC gummies and beverages, to obtain a license from the City. The new legislation calls these products “lower- potency hemp edibles” and provides for state licensure. Because OCM will be taking over the licensing of these retailers, City licensing is no longer necessary. It is expected that OCM will be ready to issue lower-potency hemp edible retailer licenses later this year, so the ordinance provides that Section 5.79 will be repealed on the date OCM begins issuing the licenses. Lower- potency hemp edible retailers will still be required to register with the City. ATTACHMENTS Ordinance Adopting Section 5.81 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.81 RELATING TO CANNABIS RETAIL BUSINESSES; AMENDING SECTION 5.35 RELATING TO GROUNDS FOR SUSPENSION OF A TOBACCO LICENSE; PROVIDING FOR THE FUTURE REPEAL OF SECTION 5.79 RELATING TO EDIBLE THC PRODUCTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 5 is amended by adding the following new section: SECTION 5.81 CANNABIS RETAIL BUSINESSES. Subd. 1. Purpose and Authority. A. The purpose of this section is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes the City to protect the public health, safety, and welfare by regulating cannabis businesses within the legal boundaries of the City of Eden Prairie. The Council finds and concludes that the proposed provisions are appropriate and lawful, will promote the public interest, and will protect the public health, safety, and welfare. B. The City has the authority to adopt this section pursuant to Minn. Stat. § 342.13 regarding the adoption of reasonable restrictions on the time, place, and manner of the operation of a cannabis business and Minn. Stat. § 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses. Subd. 2. Definitions. As used in this section, the following words and terms have the meanings stated. The definitions contained in Minn. Stat. § 342.01 govern any other terms used in this section but not defined in this subdivision. Cannabis retail business means the following businesses that make retail sales to customers or patients and hold or will hold the proper state license under Minnesota Statutes Chapter 342: cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis combination business, and lower-potency hemp edible retailer. Office of Cannabis Management or OCM means the Minnesota Office of Cannabis Management. Retail registration means an approved registration issued by the City to a state-licensed cannabis retail business. School means a public, charter, or private school for pupils in kindergarten through grade 12. State license means an approved license issued to a cannabis retail business by the Office of Cannabis Management. Subd. 3. Registration of Cannabis Retail Businesses. A. Registration Required. No individual or entity may operate a cannabis retail business within the City without first registering with the City as provided in this section. B. Initial Registration Process. 1. Application Form. An applicant for a retail registration must fill out an application form as provided by the City. All questions asked or information required by the form must be answered fully and completely by the applicant. The applicant must attach to the application form a copy of its valid state license or written notice from OCM of license preapproval. 2. Registration Fee. The registration fee includes the fee for the initial registration and the first annual renewal of the registration. The amount of the registration fee will be fixed and determined by the Council and may be amended from time to time in compliance with the limits established by law. An applicant for a retail registration must include this registration fee along with its application form. All fees are non-refundable. 3. Zoning Verification. No retail registration will be approved until the City has determined that the proposed cannabis retail business complies with the City’s zoning regulations. Within 30 days of receiving a copy of a state license application from OCM, the City will certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the State Fire Code and Building Code. 4. Processing of Application. Once an application is deemed complete, the Licensing Technician will inform the applicant of completion, process the registration fee, and forward the application to the Chief of Police or their designee for approval or denial. Applications will be considered in the order in which they are received. C. Approval of Application. 1. An application for a retail registration will not be approved if the registration would exceed the maximum number of retail registrations available in the City under subdivision 4. 2. An application for a retail registration will not be approved or renewed if the business is unable to meet the requirements of this section. 3. An application for a retail registration or renewal that meets the following will be approved: a. The applicant must have a valid license issued by OCM that allows retail sales; b. The applicant must have paid the registration fee or renewal fee required by this section; c. The location for the cannabis retail business must comply with applicable zoning ordinances; and d. All property taxes and assessments for the location where the retail establishment will be located must be current. D. Annual Compliance Checks. The City will conduct a minimum of one unannounced compliance check per calendar year for each registered cannabis retail business in the City to assess if the business meets age verification requirements as required Minn. Stat. § 342.22. Age verification compliance checks will involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer. The City will report any failures under this section to OCM. E. Location Change. If a registered cannabis retail business seeks to move to a new location still within the legal boundaries of the City, the business must notify the City of the proposed location change at least thirty (30) days prior to the date the business intends to commence retail sales at the new location and submit all information deemed necessary by the City to assess whether the new location meets the criteria of this section. F. Renewal of Registration. The City will annually renew a retail registration at the same time as OCM renews the cannabis retail business’s state license. 1. Renewal Application. A registered cannabis retail business must apply to the City for renewal of its retail registration on a form established by City and compliant with OCM guidance. The renewal application form will require, at a minimum, the information and documents required under this section for an initial registration. 2. Renewal Fees. The second and subsequent annual renewals will be subject to a renewal fee in an amount fixed and determined by the Council, which may be amended from time to time in compliance with the limits established by law. The renewal fee must be submitted with the renewal application. All fees are nonrefundable. G. Nontransferable. A retail registration issued under this section may not be transferred to any other cannabis retail business. Subd. 4. Limitation on Certain Retail Registrations. The City will issue no more than five (5) retail registrations at any time to cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, or cannabis microbusinesses with a retail operations endorsement. There is no limit on the number of retail registrations that may be issued for medical cannabis combination businesses or lower-potency hemp edible retailers. Subd. 5. Requirements for Cannabis Retail Businesses. A. Minimum Buffer Requirements. 1. Schools. No retail registration will be granted for any premises within one thousand (1,000) feet of a school. This minimum buffer requirement does not apply to a premises that houses a registered cannabis retail business whose registration predates the arrival of a school structure within 1,000 feet of the premises. 2. Other Cannabis Retail Businesses. No retail registration will be granted for any premises within two hundred (200) feet of the premises of an existing registered cannabis retail business. 3. Measurement. The measurement of distance in this section will be determined by a straight line from the main entrance of the premises upon which the cannabis retail business is to be located to the main entrance of the school or existing cannabis retail business premises. 4. Exception. The minimum buffer requirements contained in this subdivision do not apply to lower-potency hemp edible retailers. B. Hours of Operation. Registered cannabis retail businesses with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may only sell at retail cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10 a.m. and 9 p.m. C. Samples. A cannabis retail business may not distribute free samples of any cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to customers, unless the business’s state license permits on-site consumption and the samples are consumed within the licensed premises. D. Compliance with Laws. Cannabis retail businesses must comply with all applicable regulations and restrictions provided by Minnesota Statutes Chapter 342 and rules promulgated by OCM. Subd. 6. Suspension of Registration A. Suspension. The City may suspend a cannabis retail business’s registration for up to thirty (30) days upon a determination that: 1. The business is not operating in compliance with state law or City ordinance; or 2. The operation of the business poses an immediate threat to the health or safety of the public. B. Notification; OCM Investigation. When the City determines that a suspension is warranted, the City will promptly send a written notice to the registered cannabis retail business and to OCM. The notice will inform the business and OCM of the pending suspension of the license, the length of the proposed suspension period, and the grounds for the suspension. C. Effective Date of Suspension. A suspension issued by the City under this subdivision will not become effective until OCM has determined whether to suspend the license of the registered cannabis retail business. The City’s suspension period will run concurrently with any suspension of the state license by OCM. A suspension issued by the City under this subdivision will be effective on the date stated in the notice. D. Reinstatement. The City may reinstate a suspended registration if all violations have been cured and must reinstate the registration if OCM orders reinstatement. E. No Sales. A cannabis retail business may not make sales to customers while its registration is suspended. Subd. 7. Penalties A. Civil Penalties. The City may impose a civil penalty of up to $2,000 for each instance where a cannabis retail business makes any sale to a customer or patient without a valid registration or permit from the City or a valid state license. B. Criminal Penalties. Any violation of the provisions of this section or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of the section can occur regardless of whether a registration or permit is required for a regulated activity listed in this section. Section 3. City Code Chapter 5, Section 5.35, Subdivision 8, Subsection B, is amended by adding the following new Item 5: 5. If the licensee is also the holder of a cannabis retail registration issued by the City pursuant to Section 5.81, any grounds for suspension or revocation of the retail registration under Section 5.81, Subd. 6. Section 4. City Code Chapter 5, Section 5.79, is amended by adding the following new subdivision: Subd. 10. Repealer. This section is repealed effective as of the date the Minnesota Office of Cannabis Management begins issuing lower-potency hemp edible retailer licenses as provided in Minnesota Statutes Chapter 342. Section 5. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 5.99 entitled “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 1st day of April, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of __________________, 2025. _________________________________ _________________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2025.