HomeMy WebLinkAboutCity Council - 04/15/2025Agenda
Eden Prairie City Council Workshop
5:30 p.m. Tuesday, Apr. 15, 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. 2024 Quality of Life Survey Results
Council Chambers
II. Open Podium
III. Adjournment
Agenda
Eden Prairie City Council Meeting
7 p.m. Tuesday, Apr. 15, 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. 2024 Quality of Life survey results
B. Arbor Day proclamation
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, April 1, 2025
B. City Council Meeting held Tuesday, April 1, 2025
VII. Consent Calendar
A. Approve second reading of an ordinance adopting new City code Section 5.81
relating to cannabis retail businesses, adopt resolution approving summary
ordinance, and adopt resolution amending the City’s fee resolution (no. 2024-096)
to include cannabis retail registration fees
CITY COUNCIL MEETING AGENDA
April 15, 2025
Page 2
B. Adopt Resolution designating Cass Commercial Bank as a depository for City of
Eden Prairie funds
C. Approve contract for cover-all fabric buildings (moss site and maintenance
building) with Greystone
D. Award Sorrel Way drainage improvements project to BKJ Land Co II doing business
as BKJ Excavating
E. Approve contract for ecological restoration of the ground storage reservoir
property with Minnesota Native Landscapes
F. Approve professional services agreement for 2025 Lake Monitoring Program with
Blue Water Science
G. Authorize purchase of treated salt from Cargill and incorporated and untreated
salt from Compass Minerals America Incorporated
H. Approve modifications to the Sustainable Building Standard
I. Approve construction contract for removal and reinstallation of cellular AMI water
meters at commercial and multi-family residential properties with HydroCorp, LLC.
J. Approve contract for cellular AMI water meters with Metering Technology
Solutions, Inc.
K. Award contract for 2025 surface seal project to Corrective Asphalt Materials, LLC
L. Approve contract for 2025 pavement rehab project to Bituminous Roadways, Inc.
M. Approve professional services agreement for pavement evaluation services from
GoodPointe Technology
N. Award contract for fire suppression to Summit Fire Protection Co.
O. Authorize replacement of point of sale registers at liquor stores 1, 2, and 3
P. Approve enterprise agreement and authorize renewal of Microsoft license
purchase
Q. Approve proposal for special inspections and materials testing services for City
Center and Police remodel with Braun Intertec Corporation
R. Authorize contract with Tree Trust for facilitation of the Arbor Day Tree Sale
S. Authorize contract for July 4 fireworks display with RES Pyro
T. Approve contract for three sets of rescue (extrication) tools with Clarey’s Safety
CITY COUNCIL MEETING AGENDA
April 15, 2025
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Equipment
VIII. Public Hearings and Meetings
IX. Payment of Claims
X. Ordinances and Resolutions
XI. Petitions, Requests, and Communications
XII. Appointments
XIII. Reports
A. Reports of Council Members
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
E. Report of Public Works Director
1. Adopt Resolution endorsing West-Metro Multi Community Wellhead
Protection Plan
F. Report of Police Chief
1. 2024 Police Department Update
G. Report of Fire Chief
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
Arbor Day – April 26, 2025
WHEREAS, Arbor Day provides people in Eden Prairie the opportunity to celebrate the importance of trees and forests to our economy, health, culture, history, and future of the
city; and
WHEREAS, Trees are of great value as they provide clean air and water, shade, energy savings, wildlife habitat, and recreational opportunities; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees and caring for trees as described in the cities’ Urban Forest Management Plan makes our community more resilient into the future; and
WHEREAS, Trees play a major role in combating climate change by sequestering carbon
from the atmosphere, thereby offsetting greenhouse gas emissions; and WHEREAS, Trees help Eden Prairie meet the Climate Action Plan goal of community-wide carbon neutrality by 2050; and
WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree stewardship and tree planting practices.
NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim April 26, 2025, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program, and urge all citizens to plant and care for trees to promote the
well-being of present and future generations.
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, 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
Guest Speakers: Economic Development Manager Dave Lindahl
MEETING AGENDA
Heritage Rooms
I. Economic Development Update
Getschow introduced Economic Development Manager Dave Lindahl. Lindahl explained the
Economic Development Fund finances infrastructure project and trail connections. West 70th
Street is a road project that began in 2018 to connect Shady Oak Road to Flying Cloud. This
project was funded in partnership with Hennepin County. Lindahl showcased the next project, a
trail connection from Shady Oak Road to the Golden Triangle Station that will be completed in
2025.
Lindahl noted a trail connection to City West Station is planned. Case asked if staff have talked to
United Healthgroup regarding their fencing plans. Lindahl noted the United Healthgroup fence
will enclose its campus buildings, but some property will not be fenced off. Case asked if the
woods would remain. Lindahl noted the woods will remain, the City West Station trail will follow
the end of the woods. Case asked about the parking lot for the City West Station. Lindahl
confirmed there will be approximately 100 spaces. Case noted the trail would help residents in
the area get to the City West Station, and asked if the City would have to purchase an easement
CITY COUNCIL MEETING AGENDA
April 1, 2025
Page 2
to construct the trail. Lindahl confirmed the City would need an easement for construction, which
may need to be purchased. It is not unusual for the City to pay for an easement. The developer is
aware the trail is a priority for the City. Nelson asked how steep the trail would be, noting it may
be difficult to travel in the winter if icy. Ellis stated as this trail would be used by individuals
commuting to work, ideally the grade will be under 5 percent.
Lindahl noted another important trail connection is from the new Fox and Grouse apartment
building to the Golden Triangle Station. This project was expensive and took a facilitated effort to
secure developer funding. Narayanan asked if the trail is gravel. Lindahl confirmed the trail is
asphalt. Narayanan asked if the trail can be biked on. Lindahl confirmed the trail is suitable for
biking. Narayanan asked how Lindahl is involved with trail connections. Lindahl noted while
Markle and Ellis collaborated on this project, most of the trail is private and was built by the
developer. Lindahl was able to assist in accelerating the project with the Economic Development
Fund and securing grant funding.
Lindahl stated an entry monument sign will be installed at southbound highway 494 funded by
the Economic Development fund. Public Works assisted overcoming the challenge of constructing
an access road to the sign location. Nelson asked if the road would be public for anyone to access.
Ellis confirmed there will be a fence and padlock to ensure only authorized personnel have
access. Lindahl stated another entry monument sign was installed at the City West light rail
station. This was a challenging project due to permits needed to access the area over tracks. The
finished project was under budget.
Lindahl noted many large commercial investments were made in the City in 2024. 13 commercial
projects took place with a value over $1 million. The largest project, completed by the Eden
Prairie School District, was mainly for innovation sandbox renovations. Case asked what the
Grace Church project included. Klima answered the Grace Church project included interior
renovations to create youth ministry spaces. Case asked if the City receives a percentage of the
permit cost. Getschow stated the City receives the total permit cost, which is based on the
improvement value.
Lindahl stated the City participates in the Elevate Hennepin program, which provides business
CITY COUNCIL MEETING AGENDA
April 1, 2025
Page 3
advisory services to local small businesses at no cost. 26 Eden Prairie small businesses received
advisory services in 2024. Other services offered by Elevate Hennepin include educational
programs such as CEO Bootcamp and small business loans. A few surrounding cities including
Maple Grove and Minnetonka also provide direct funding to small businesses. Narayanan asked
how these cities provide funding. Lindahl confirmed Maple Grove and Minnetonka provide a
match of private investments. Demand is very low, with Minnetonka issuing one loan and Maple
Grove issuing zero. Toomey asked if Eden Prairie provides any small business loans. Lindahl
answered Eden Prairie has not historically provided small business loans; residents rarely inquire
on small business loans so demand is anticipated as low.
Case noted the City should continue to engage the small business community to determine their
needs. A program can then be designed to fulfill needs. It’s important to determine needs before
designing a program to ensure it’s effective. Narayanan added it’s important to hear from less
established small businesses. Case stated the high school is building out their entrepreneurship
program, and students are looking to get involved. Lindahl added a resident recently reached out
in hopes of organizing an Entrepreneur fest in the City.
Lindahl summarized legislative efforts the City is backing including a Tax Increment Financing (TIF)
blight exemption for the EP Center and bonding for public safety storage. Case asked if the TIF
blight expansion is anticipated to be successful. Lindahl noted it’s not a sure thing, but the
prospect looks positive. Lindahl stated he attended the League of Minnesota Cities (LMC) Day at
the Capital in March. Narayanan asked if this year is a bonding year. Getschow confirmed this
year is a bonding year.
Lindahl detailed businesses seeking sites in Eden Prairie including Top Golf and Kwik Trip. Case
suggested Top Golf may fit at the Eden Prairie Center. Lindahl next summarized the City’s lease
agreements. All leases are in place for the next three years. Lotus Nails, Chuck and Dons, and
Smith Coffee have lease agreements until 2029, and EP Montessori has a lease agreement until
2027. The Eden Prairie Chamber of Commerce (EPCC) has expressed interest in leasing 50
thousand square feet in the lower level of City Center that will be vacated once the Police and
City Center renovation is complete. Narayanan noted entrepreneurs are more in need of capital
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April 1, 2025
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than space. Case stated there is a need for shared meeting spaces. Case also noted his
appreciation for the partnership with the EPCC and its support of the business community. Case
noted the City should offer preference to the EPCC to lease City Center space. Lindahl stated the
Metro Transit police are also interested in leasing space at City Center.
Lindahl summarized discussions with an Eden Prairie resident about opening a community
bookstore at the Dorenkemper Cabin. Case noted his support for the project. The cabin ambiance
would make for a good bookstore. Events could be held in partnership with the City and the
Historical Society. Narayanan asked if the building could be moved to a more popular location
such as Round Lake. Lindahl stated the cabin had been previously moved to its current location.
Moving the cabin is possible but expensive. Narayanan asked if a farmers’ market could be held
there. Lindahl noted the resident proposing the bookstore is interested in hosting events in the
outdoor space.
Lindahl explained the City partners with the school district on career round table presentations,
the civics in action program, an expo with students and the EPCC, and the innovative sandbox.
The City also partners with the EPCC for an economic development bus tour, golf fundraiser, and
a public policy committee.
Narayanan noted the City doesn’t have a waterfront restaurant, and asked if the City could build
one and rent it out. Toomey stated as a taxpayer she wouldn’t want the City to finance that. Case
stated the City has six miles of river. The CH Robinson building overlooks the water and could be a
good location. Lindahl stated CH Robinson’s long term plan is to relocate. The building could be
for sale soon. Toomey asked if the funeral home next to Smith coffee is still operating. Klima
confirmed they are still operating. Toomey asked if the City could buy a portion of the property
for more parking at Smith Coffee. Lindahl answered the funeral home would likely consider
selling the entire lot. The Council thanked Lindahl for his time and presentation.
Council Chambers
II. Open Podium
III. Adjournment
Unapproved Minutes
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, and City
Attorney Maggie Neuville
MEETING AGENDA
I.Call the Meeting to Order
Mayor Case called the meeting to order at 7:00 p.m. All Council members were present.
II.Pledge of Allegiance
III.Open Podium Invitation
IV.Proclamations and Presentations
A.Senior Community Services 75th Anniversary Proclamation
Getschow explained the proclamation recognizes the 75th anniversary of Senior
Community Services and its commitment to empowering older adults and
supporting caregivers.
Case read the proclamation in full.
Deb Taylor, CEO of Senior Community Services, noted it is a privilege to partner
with the City of Eden Prairie.
Jon Burkhow, Director of HOME & TECH Services, added the personal connections
they make with the community are impactful.
Adele Mehta, Director of Senior Outreach & Caregiver Services, thanked the
Council for the City’s partnership.
CITY COUNCIL MEETING AGENDA
April 1, 2025
Page 2
Collin Brehmer, Development Coordinator, expressed his passion for nonprofit
work. Emma Friend, Marketing & Communications Coordinator, agreed that
serving the elderly community is important.
Gary Spears, HOME Hennepin County Technology Coordinator, introduced himself
and expressed his gratitude as well.
Narayanan asked how many households were served through the HOME & TECH
Services program. Mr. Burkhow explained they served about 50 households in the
area.
Ms. Taylor added that Senior Community Services served more than 2,000
households throughout their various programs.
V. Approval of Agenda and Other Items of Business
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 5-0.
VI. Minutes
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the
Council workshop held Tuesday, March 18, 2025, and the City Council meeting held
Tuesday, March 18, 2025, as published. Motion carried 5-0.
VII. Consent Calendar
A. Clerk’s List
B. Adopt Resolution No. 2025-040 approving the Chloride Reduction Grant
Agreement with the Minnesota Pollution Control Agency
C. Adopt Resolution No. 2025-041 approving application to conduct off-site lawful
gambling at Schooner Days by the Eden Prairie Hockey Association
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
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H. Award contract for 2025 street sweeping to Pearson Bros
I. Award contract for road sensor technology software from 2025 through 2027 to
Vaisala Inc.
J. Award contract for water main valve repairs to Precision Utilities
Toomey pointed out that social workers are an asset to the Eden Prairie Police
Department, referring to Consent Agenda Item D. Approve joint powers
agreement for additional Eden Prairie Police Department on-site social workers
with Hennepin County Human Services and Public Health Department. It is a
grant-funded program that offers many services to the community.
Case added that Eden Prairie has one of the best Police Departments.
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-J on the
Consent Calendar. Motion carried 5-0.
VIII. Public Hearings and Meetings
IX. Payment of Claims
This item was addressed after X. Ordinances and Resolutions.
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
Getschow explained 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.
Getschow pointed out that 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.
Klima stated the proposed ordinance sets forth regulations for the registration of
CITY COUNCIL MEETING AGENDA
April 1, 2025
Page 4
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.
Klima noted there is an option to instate a buffer. She showed a map of the
schools in Eden Prairie and the proposed 1,000-foot radius to prohibit cannabis
businesses. In the short term, the City is responsible for lower-potency hemp
edibles (LPHE) registration until the State takes over the registration.
Case asked what would happen if a school were to be added to the community.
Klima stated the details are included in the proposed ordinance.
Case added there are differing opinions on cannabis businesses throughout the
Eden Prairie community. The proposed ordinance was crafted from the Council’s
direction and discussion. Many components are mandated by the State, but any
local control has been discussed by Council in workshops.
MOTION: Toomey moved, seconded by Narayanan, to approve the first reading of
an Ordinance amending City Code Chapter 5 by adopting a new Section 5.81
relating to cannabis retail businesses. Motion carried 5-0.
XI. Payment of Claims
MOTION: Freiberg moved, seconded by Nelson to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Nelson, Toomey and Case voting “aye.”
XII. Petitions, Requests, and Communications
XIII. Appointments
XIV. Reports
A. Reports of Council Members
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
E. Report of Public Works Director
CITY COUNCIL MEETING AGENDA
April 1, 2025
Page 5
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XV. Other Business
Narayanan wished Mayor Case a Happy Birthday.
XVI. Adjournment
MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 7:31 p.m.
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.A.
Department: Police Department/City Attorney
ITEM DESCRIPTION
Second reading of an ordinance adopting new City Code Section 5.81 relating to registration of
cannabis retail businesses and amendment to fee schedule
REQUESTED ACTION
• Approve the second reading of an ordinance amending City Code Chapter 5 by
adopting a new Section 5.81 relating to cannabis retail businesses
• Adopt resolution approving summary ordinance
• Adopt resolution amending the City’s fee resolution (2024-096) to include
cannabis retail registration fees
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.
The Council approved the first reading of the ordinance April 1, 2025. This action also includes a
resolution amending the City’s fee resolution to prescribe registration fees for cannabis retail
businesses. The fees listed in the proposed resolution are the maximum that the City can
charge under state law.
ATTACHMENTS
Ordinance Adopting Section 5.81
Resolution Approving Summary Ordinance
Resolution Amending Fee Resolution
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 15th day of April, 2025.
_________________________________ _________________________________
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2025.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of April, 2025.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ______ is lengthy.
B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on April 15, 2025. ___________________________
Ronald A. Case, Mayor
ATTEST:
_____________________________ David Teigland, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF 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:
Summary: This ordinance amends City Code Chapter 5 by adopting a new Section 5.81 relating to the registration of state-licensed cannabis retail businesses in the City. The ordinance limits the number of retail registrations available in the City to cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, or cannabis microbusinesses with a retail
operations endorsement to no more than five (5) registrations. The ordinance provides that
cannabis retail businesses cannot be located less than 1,000 feet from a school or 200 feet from another cannabis retail business. The ordinance also contains provisions regarding suspension and revocation of retail registrations, and provides for the future repeal of City Code Section 5.79 when the state takes over licensing of those products.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
__________________________ ________________________
David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on the ___ day of April, 2025.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-__ RESOLUTION AMENDING RESOLUTION NO. 2024-096, REGULATING FEES AND CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie amends Fee Resolution No. 2024-096 as follows
related to fees for cannabis retail business registrations:
License Type Initial Registration and First Annual Renewal (one fee)
Second and Subsequent Annual Renewals
Cannabis Microbusiness $0 $1,000
Cannabis Mezzobusiness $500 $1,000
Cannabis Retailer $500 $1,000
Medical Cannabis Combination Business $500 $1,000
Lower-Potency Hemp
Edible Retailer $125 $125
ADOPTED by the City Council of Eden Prairie this 15th day of April, 2025. _________________________
Ronald A. Case, Mayor ATTEST: _____________________________
David Teigland, City Clerk
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.B.
Department: Administration / Finance
ITEM DESCRIPTION
Designate Depository
REQUESTED ACTION
Move to adopt a Resolution designating Cass Commercial Bank as a depository for the public
funds of the City of Eden Prairie
SUMMARY
Finance is partnering with Corcentric to process supplier payments. We anticipate this
partnership will result in more suppliers opting for electronic payments over printed checks.
Corcentric’s banking partner is Cass Commercial Bank. State law requires depositories to be
designated by the City Council
ATTACHMENTS
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025–___ A RESOLUTION DESIGNATING DEPOSITORY
BE IT RESOLVED, that Cass Commercial Bank be and hereby designated as a Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall ensure that the depository maintains adequate collateral for funds in the depository as required by Minnesota law.
ADOPTED by the City Council of the City of Eden Prairie on this 15th day of April 2025.
____________________________
Ronald A. Case, Mayor ATTEST:
____________________________ David Teigland, City Clerk
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.C.
Department: Public Works/Engineering Division – Carter Schulze, City Engineer
ITEM DESCRIPTION
Approve Contract with Greystone Construction for two Cover-All Fabric Storage Buildings re-
covering under Sourcewell Contract (IC # 24824)
REQUESTED ACTION
Move To: Approve Contract with Greystone Construction in the amount of $167,305
for two Cover-All Fabric Storage Buildings re-covering under Sourcewell Contract.
SUMMARY
The fabric coverings of the MOSS site and Maintenance facility cold storage buildings are in
need of replacement. The MOSS building is 90’ x 135’ and the smaller building at the
Maintenance facility is 36’ x 28’. These buildings serve as covered salt and sand storage for the
City.
Sourcewell is a State of Minnesota local government unit offering cooperative purchasing
solutions. Greystone is an authorized contractor of Britespan Building Systems, who have a
contract with Sourcewell (RFP #071223) to provide these types of buildings and materials.
Contract pricing for the larger and smaller buildings is $141,480 and $25,825, respectively. This
is a capital improvement project (CIP) funded by the Capital Maintenance and Reinvestment
fund. These costs are under the estimated CIP budget.
ATTACHMENT
Contract
(rev. 6/2024)
Contract for Goods and Services
This Contract (“Contract”) is made on the 15th day of April, 2025, between the City of Eden
Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Greystone Construction, a Minnesota corporation (hereinafter
“Vendor”) whose business address is 2995 Winners Circle Drive Suite 200, Shakopee, MN
55379.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services
by Vendor for Sourcewell Contract Cover-all Fabric Building Recovering at the Maintenance
Building and the Moss Site (2 buildings) hereinafter referred to as the “Work”.
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A (Greystone Sourcewell Proposal Document
dated 3/26/2025). Any general or specific conditions, terms, agreements, consultant or
industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and,
accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by 9/1/2025
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $167,305 as full
and complete payment for the building installation 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.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City. By making the claim for payment, the
person making the claim is declaring that the account, claim, or demand is just and correct
and that no part of it has been paid.
5. Staffing. The Vendor has designated Nate Lamusga to perform the Work. They shall be
assisted by other staff members as necessary to facilitate the completion of the Work in
Standard Contract for Goods and Services (rev. 6/2024)
Page 2 of 5
accordance with the terms established herein. Vendor may not remove or replace the
designated staff without the approval of the City.
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
Standard Contract for Goods and Services (rev. 6/2024)
Page 3 of 5
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
Standard Contract for Goods and Services (rev. 6/2024)
Page 4 of 5
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Vendor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
Standard Contract for Goods and Services (rev. 6/2024)
Page 5 of 5
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Vendor or other
parties relevant to this Contract are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective
date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be
kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with
Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor to perform any
function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7,
which is created, collected, received, stored, used, maintained, or disseminated by
Vendor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Vendor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by
Vendor in relation to this Contract shall contain similar MGDPA compliance language.
These obligations will survive the completion or termination of the Contract.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
__________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________
(888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor
March 26, 2025
Carter Schulze
City of Eden Prairie, MN
Re: Sourcewell Proposal– Cover-All Fabric Building Recover
Mr. Schulze,
Thank you for the opportunity to provide a proposal to furnish and install a recover for your
building in Eden Prairie, MN. A few of the advantages the Greystone team brings to the project
include:
• Design-Build Experience – Greystone has offered design-build and general construction
services for 33 years.
• Fabric Building Expertise – Greystone has sold and installed fabric buildings for over 20
years. We’ve successfully completed over 1,300 fabric building.
• Self-Performed Work – Greystone has the capability to self-perform the building
installation with our own crews. Often times this allows us to provide the most
competitive pricing, maintain quality and hold schedule.
Let us know if you have any questions. We look forward to discussing our next steps.
Sincerely,
Nate Lamusga
Business Development Manager
(888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor
Scope of Work & Pricing
to be performed by Greystone Construction
Sourcewell Furnish & Install Price – Building #1:
• Replacement Cover for 90’x135’ Cover-All Series Building
• 12.5 ounce, 23 mil polyethylene Non-FR fabric
o Keder cover design
• (1) Endwall Fabric
• Furnish and Install new 1” ratchets and PVC
• New Tie-down Straps
• Reuse all original tension tubes and lashing winches
• Existing steel to remain
• Existing purlins to remain
• Furnish and Install new Hot Dipped Galvanized sway cables
• Pull covers and tension the fabric to industry specification
• Clean up and paint rusted areas with Zinc Clad Paint
• Freight included
• Tariffs - Excluded
• Provide all necessary labor and equipment to complete items noted above
Sourcewell Furnish & Install Price – Building #2:
• Replacement Cover for 36’x28’ Cover-All Series Building
• 12.5 ounce, 23 mil polyethylene Non-FR fabric
o Single piece cover design
• (1) Endwall Fabric
• Furnish and Install new 1” ratchets and PVC
• New Tie-down Straps
• Reuse all original tension tubes and lashing winches
• Existing steel to remain
• Existing Cables and purlins to remain
• Pull covers and tension the fabric to industry specification
• Freight included
• Tariffs - Excluded
• Provide all necessary labor and equipment to complete items noted above
Furnish & Install Price: $167,305.00 Potential Tariffs, if required: To Be Determined (TBD) Total Furnish & Install Price: $167,305.00 +TBD
Pricing does not include current or future tariffs, surcharges, price escalation, or fees
(Tariffs). Cost of Tariffs will be applied at the actual time of border crossing into the United
States.
See exclusions on last page
(888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor
Market Provisions:
• Greystone is committed to being your trusted team partner on your project. We are
asking all of our clients recognize the volatility of our markets and understand we are
providing current pricing for budgeting purposes with the need to adjust final project
pricing based on the markets at the actual time of the order. It’s important to provide you
with the best value for your project, and we do not want to speculate where the actual
market rates will be at the time of procurement and/or delivery.
• Pricing is based on current market conditions and does not include future tariffs,
surcharges, price escalation, or fees. (i.e., many wholesalers and manufacturers are not
committing to pre-determined pricing for pre-ordered materials. These materials are
priced at the time of the delivery.) Due to extremely volatile markets, pricing shall be re-
evaluated at time of procurement and/or delivery. Any savings or additional cost would
be communicated with Owner prior to procurement and/or delivery.
• Price increases will be assigned as contingency. Unless Greystone specifically outlines a
contingency value in our proposal or scope of work, it is recommended that the Owner
carry a contingency.
• Construction schedule may be affected by material shortages or lead times beyond our
control. Any shortages or lead time issues will be communicated with the owner.
Evaluation of alternatives will be reviewed, and the contract schedule or costs may be
adjusted accordingly.
• Unless noted otherwise proposal pricing is valid for 15 days
(888) 742-6837 | www.greystoneconstruction.com | Equal Opportunity Employer/Contractor
Exclusions – Items not included, but may apply to overall project:
• Architectural and Civil Engineering
• Foundation structural engineering, including but not limited to anchor bolt design and embedment details
• Sales Tax on Materials
• Tariffs
• Cross Cables
• Permits & Fees
• Payment and performance bonds
• Prevailing wage rates & Union Labor
• Emergency Responder Communication Enhancement System
• Testing & special inspections by owner – Soil borings, soils testing, concrete testing, bolt inspection, etc
• Site work including, but not limited to: site prep, import or export of materials, etc
• Assumed building has 20’ clear on all four sides and interior for staging/erection and building engineering requirements
• Site specific safety requirements
• All electrical & mechanical systems
• All winter conditions
• Dumpster/Disposal of removed cover
• Greystone Construction is not liable and will not accept any responsibility for the structural design and structural performance of this existing building to be recovered.
o Purchaser may be required to sign an exclusion of liability release provided by the cover manufacturer
• Greystone Construction is not liable and will not accept any responsibility for the structural design and structural performance of this existing building to be recovered.
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.D.
Department: Public Works/Engineering – Patrick Sejkora
ITEM DESCRIPTION
Approve construction contract agreement with BKJ Land Co II dba BKJ Excavating for Sorrel Way
Drainage Improvement Project.
REQUESTED ACTION
Move to: Award Contract for the Sorrel Way Drainage Improvement project in the amount of
$98,795.50 to BKJ Land Co II dba BKJ Excavating.
SUMMARY
Three quotes were received on Friday April 5, 2025. The engineer’s estimate and bids received
are summarized in the attached Summary of Bids.
Staff and the City’s consultant for the project, Houston Engineering, recommend awarding the
contract for the project to BKJ Land Co II dba BKJ Excavating in the amount of $98,795.50.
The intersection of Sorrel Way and Mitchell Road currently experiences poor drainage that
adversely affects road conditions. A swale discharges into the curb throughout the year. A lack
of storm sewer at the intersection leaves leads to pooling of water in warm weather and ice in
cold weather. Additionally, high groundwater and clayey soils have contributed to deterioration
of the pavement along Sorrel Way, which is currently scheduled for rehabilitation in summer
2025. This project will install draintile along Sorrel Way and construct storm sewer to improve
drainage at the intersection with Mitchell Road. Construction is scheduled for the summer of
2025 ahead of the pavement rehabilitation.
The low bid received from BKJ Land Co II dba BKJ Excavating was under the engineer’s estimate
by approximately 19%. The project is funded by the Stormwater Utility Fund.
ATTACHMENTS
Attach 1 – Construction Contract Agreement
Attach 2 – Recommendation Letter and Summary of Bids
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and BKJ Land Co II dba BKJ Excavating a Minnesota corporation, hereinafter referred to as the “CONTRACTOR.”
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: IC: 24826 - Sorrel Way Drainage 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 $98,795.50. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders 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
Eden Prairie Office P 952.829.0700
7510 Market Place Drive | Eden Prairie, MN 55344
houstoneng.com
April 4, 2025
Patrick Sejkora, P.E.
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Sorrel Way Drainage Improvements (I.C. 24826)
Dear Patrick,
Bids were received and opened at 1:00 pm on Friday, April 4th, for the above referenced project. The bids are
shown on the attached Summary of Bids.
The low bidder, BKJ Land Co II dba BKJ Excavating, came in with a total bid of the following amount:
Project Total: $ 98,795.00
Recommendation is made that the above referenced project is awarded to BKJ Land Co II dba BKJ Excavating in
the total amount of $98,795.00 for the project. This recommendation considers that the City reserves the right to
waive minor irregularities and further reserves the right to award the contract in the best interests of the City.
Sincerely,
HOUSTON ENGINEERING, INC.
Aaron Carrell, PE
Senior Civil Engineer | Principal
Direct: 952.737.4065
acarrell@houstoneng.com
SUMMARY OF BIDS
City of Eden Prairie
PROJECT NAME: Sorrel Way Drainage Improvements
BIDS OPENED: 04/04/2025
CONSULTING ENGINEER: Houston Engineering, Inc.
CHECKED BY: Houston Engineering, Inc.
Bidder Bid
Engineer’s Estimate $ 121,825.00
BKJ Land Co II dba BKJ Excavating. $ 98,795.50
Valley Rich Co., INC. $ 137,755.00
Precision Utilities $ 192,058.94
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.E.
Department: Public Works/Utilities Division – Rick Wahlen, Manager of Utilities
ITEM DESCRIPTION
Approve Contract with Minnesota Native Landscapes for ecological restoration on the Ground
Storage Reservoir property.
REQUESTED ACTION
Move To: Approve contract with Minnesota Native Landscapes, for ecological restoration on
the Ground Storage Reservoir property located at 8251 Eden Prairie Road.
SUMMARY
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from three competent regional
Ecological Restoration companies for the ecological restoration work at the Ground Storage
Reservoir. The bids are summarized below:
Minnesota Native Landscapes $27,585.00
Natural Resource Services $35,035.00
Natural Resource Partners $37,874.76
The least cost proposal was offered by Minnesota Native Landscapes. Staff recommends
acceptance of the proposal in the amount of $27,585.00
Background Information
The purpose of this contract is to manage invasive and undesirable vegetation and provide
maintenance work on the property of the Ground Storage Reservoir located at 8251 Eden
Prairie Road. The objective is to reduce/eliminate invasive and undesirable herbaceous and
woody plants to encourage plant diversity onsite for pollinator and wildlife habitat. Specifically,
the objective is to decrease the prevalence of all species listed on the Minnesota Noxious Wees
List and species listed on the Minnesota Department of Natural Resources Terrestrial Plants
List.
ATTACHMENTS
Attach 1 - Contract
City of Eden Prairie
The Depot -Restoration
Request for Proposals
Submission:
Bids shall be submitted electronically to kwittner@edenprairie.org
before March 11, by 9 am to be considered.
Questions Due March 4
Pre-bid Site Meeting:
Available Upon Request Until February 28
Project Manager:
Karli Wittner, Forestry & Natural Resources Supervisor
Ph: 952-949-8463 -kwittner@edenprairie.org
15150 Technology Drive, Eden Prairie, MN 55344
Page 1 of21
City of Eden Prairie Requirements for Contract Services
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of
services for City projects. That policy requires that persons, firms or corporations providing such services
enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and
conditions for the provision of services by Contractor for the above 'City of Eden Prairie Miller Park Forest
Restoration' hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the
Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements,
consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in
full and, accordingly, are deleted and shall not be in effect in any manner.
2.Effective Date and Term of Agreement. This Agreement shall become effective as of the date both
the City and Contractor sign the contract. The work shall be completed June 1, 2026.
3.Obligations of Contractor. Contractor shall conform to the following obligations:
a.Contractor shall provide the materials and services as set forth in Exhibit A, Exhibit 8, and
Exhibit C.
b.Contractor's personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City's no smoking policies.
c.Contractor must honor the City's request to reassign an employee for cause. Cause may
include performance below acceptable standards or failure to present the necessary image
or attitude, in the judgment of the owner, to present a first class operation.
d.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.
1.City's Obligations. City will do or provide to Contractor the following:
a.Provide access to City properties as appropriate.
2.Compensation for Services. City agrees to pay the Contractor as listed on 'City of Eden Prairie Miller
Park Forest Restoration' as full and complete payment for the labor, materials and services rendered
pursuant to this Agreement and as described in Exhibit A and Exhibit B.
a.Any changes in the scope of the work which may result in an increase to the compensation
due to 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
Page 2 of 21
period of time lost by reason of the delay. Contractor will be entitled to payment for its
reasonable additional charges, if any, due to the delay.
3.Method of Payment.
a.Contractor shall prepare and submit to City itemized invoices setting forth work performed
under this Agreement. Invoices submitted shall be paid in the same manner as other claims
made to the City.
b.Claims. By making the claim for payment, the person making the claim is declaring that the
account, claim, or demand is just and correct and that no part of it has been paid.
c.No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
4.Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of
the identity of the Project Manager before starting work on the Project. The Project Manager shall
be assisted by other staff members as necessary to facilitate the completion of the Work in
accordance with the terms established herein. Contractor may not remove or replace the Project
Manager without the approval of the City.
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 foreseen at the time of execution of this
Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable
delays in the performance of its duties.
6.Insurance.
a.General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for
such insurance as will protect against claims or loss which may arise out of operations by
Contractor or by any subcontractor or by anyone employed by any of them or by anyone for
whose acts any of them may be liable. Such insurance shall include, but not be limited to,
minimum coverages and limits of liability specified in this Paragraph, or required by law.
b.Contractor shall procure and maintain the following minimum insurance coverages and limits
of liability for the Work:
Worker's Compensation
Employer's Liability
Statutory Limits
$500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Page 3 of 21
Commercial General
Liability
Comprehensive Automobile
$1,000,000 property damage and bodily
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
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 0413, or the equivalent. Such insurance shall cover liability arising
from premises, operations, independent contractors, products-completed operations,
personal and advertising injury, and liability assumed under an insured contract (including the
tort liability of another assumed in a business contract). There shall be no endorsement or
modification of the Commercial General Liability form arising from pollution, explosion,
collapse, underground property damage or work performed by subcontractors.
d.Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation
coverage from any state fund if Employer's liability coverage is not available.
e.All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie"
as an additional insured.
f.All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional
Liability• Policy, shall name the "City of Eden Prairie" as an additional insured including
products and completed operations.
g.All polices shall contain a waiver of subrogation in favor of the City.
Page 4 of 21
h.All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain
a waiver of subrogation in favor of the City.
i.All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity
obligations assumed by Contractor under this Agreement.
j.Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance of the
Work.
k.It shall be Contractor's responsibility to pay any retention or deductible for the coverages
required herein.
I.All policies shall contain a provision or endorsement that coverages afforded thereunder shall
not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days'
prior notice to the City, except that if the cancellation or non-renewal is due to non-payment,
the coverages may not be terminated or non-renewed without ten (10) days' prior notice to
the City.
m.Contractor shall maintain in effect all insurance coverages required under this Paragraph at
Contractor's sole expense and with insurance companies licensed to do business in the state
in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically
accepted by City in writing.
n.A copy of the Contractor's Certificate of Insurance which evidences the compliance with this
Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a
copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable
shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City
and shall provide satisfactory evidence that Contractor has complied with all insurance
requirements. Renewal certificates shall be provided to City prior to the expiration date of
any of the required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof
shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms
of Contractor's obligations hereunder. City reserves the right to examine any policy provided
for under this paragraph.
o.Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified
insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials,
agents and employees from any loss, claim, liability and expense (including reasonable
attorney's fees and expenses of litigation) to the extent necessary to afford the same protection
as would have been provided by the specified insurance. Except to the extent prohibited by
law, this indemnity applies regardless of any strict liability or negligence attributable to the City
Page 5 of 21
(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.
7.Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and
hold them harmless from and against all judgments, claims, damages, costs and expenses, including
a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting
from any breach of this Agreement by Contractor, its agents, contractors and employees, or any
negligent or intentional act or omission performed, taken or not performed or taken by Contractor,
its agents, contractors and employees, relative to this Agreement. City will indemnify and hold
Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts
of the City, its officers, agents or employees.
8.Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and
all materials furnished shall be in accord with the Agreement and shall be free from defects in
materials, workmanship, and operation which appear within a period of one year, or within such
longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's
written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's
exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in
equity.
Should any defects develop in the materials, workmanship or operation of the system within the
specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after
receiving written notice and without expense to the City, to repair, replace and in general to perform
all necessary corrective Work with regard to the defective or nonconforming Work or materials to the
satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR
THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The
Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages
Page 6 of 21
sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or
the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the
defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of
other Contractors destroyed or damaged by defective or nonconforming Work and materials including
the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting
all damages to Work of other Contractors caused by the removal of the defective or nonconforming
Work or materials.
The Contractor shall post bonds to secure the warranties.
9.Termination.
a.This Agreement may be terminated at any time by either party for breach or non-performance
of any provision of this Agreement in accordance with the following. The party ("notifying
party") who desires to terminate this Agreement for breach or non-performance of the other
party ("notified party") shall give the notified party notice in writing of the notifying party's
desire to terminate this Agreement describing the breach or non-performance of this
Agreement entitling it to do so. The notified party shall have five (5) days from the date of
such notice to cure the breach or non-performance. Upon failure of the notified party to do
so, this Agreement shall automatically terminate.
b.Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the right, within
a reasonable time after such termination to remove from City's premises any and all of
Contractor's equipment and other property. Except for liability resulting from acts or
omissions of a party, arising, taken or omitted prior to such termination, the rights and
obligations of each party resulting from this Agreement shall cease upon such termination.
Any prior liability of a party shall survive termination of this Agreement.
c.In the event of dissolution, termination of existence, insolvency, appointment of a receiver,
assignment for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar
process involving Contractor, City may, at its option in addition to any other remedy to which
City may be entitled, immediately terminate this Agreement by notice to Contractor, in which
event, this Agreement shall terminate on the notice becoming effective.
10.Independent Contractor. Contractor is an independent contractor engaged by City to perform the
services described herein and as such (i) shall employ such persons as it shall deem necessary and
appropriate for the performance of its obligations pursuant to this Agreement, who shall be
employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall
Page 7 of 21
Proposal Form
*Site map can be found in Exhibit B*
Activity Methods:
Back Prairie (3.2 acres) and Storm Water Pond (0.8 acres)
Reed Canary Management
Invasive species
management
Inter-seeding: Site Prep and Labor of
seeding
Seed Mix
Bid Alternate:
Price includes two RCG specific treatments per year. Aquatic glyphosate will be applied via backpacks sprayers and/or UTV mounted gas sprayer.
Price includes three treatments per year. Spot spraying and/or spot mowing all noxious weeds and weeds listed in RFP. Treatment method to be determined at time of visit.
Light tilling and drill seeding. May be broadcast seeded in areas not accessible by equipment. Cover crop will be mixed in. Price does not include erosion control materials, or watering.
BWSR Mesic Prairie General 35-242 (including Seed Mix Enhancements or Substitutions}; Wet Prairie spot seeding
RX Bum for Burn to be conducted in Fall 2025 as conditions allow. May be Seed Prep completed in the following spring if not able to be completed.
Front Prairies (2.5 acres)
Price includes two treatments per year. Spot spraying and/or Invasive species spot mowing all noxious weeds and weeds listed in RFP. Treatment management method to be determined at time of visit.
Low Mow Turf Conversion (0.15 acres)
Low Mow Turf Seed Mix
Manage
Establishment
Mixture that is approximately 40% hard fescue, 40% Chewings fescue, and
20% strong creeping red fescue (by weight)
Price includes two treatments per year. Spot spraying and/or spot mowing all noxious weeds and weeds listed in RFP. Treatment method to be determined at time of visit.
Est.
Quantity
4
6
1
~4s 1bs PLS
4 acres
4
1
4
Total Not to Exceed (To be Filled out by City): __________ _
Company
Contractor Contact lnform•ation ' .
Maddy Goers
Unit Price
MNL, Inc. Name: Primary Contact: Maddy.Goers@mnlcorp.com
info@mnlcorp.com Company Phone (763)295-0010Company Email: #:
•Need ta sign on next page and retum entire document ta complete bid•
Page 16 of 21
*Price includes light prep, such as raking and debris removal. Does not include erosion control or watering.**Quote does not include prevailing wage.
$27,585.00
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.F.
Department: Engineering/Water Resources
ITEM DESCRIPTION
Approve Professional Services Agreement with Blue Water Science for the 2025 Lake
Monitoring Program (IC 5901-15)
REQUESTED ACTION
Approve Professional Services Agreement with Blue Water Science for the 2025 Lake
Monitoring Program for $37,100.00.
SUMMARY
The City coordinates an ongoing lake monitoring program to guide lake management decisions.
Water quality monitoring provides data on water quality trends, especially related to impaired
waters criteria. Monitoring results are also used to assess lake treatment options such as the
use of alum to improve water quality. Blue Water Science was the low cost proposal for these
monitoring services at $37,100.00. The costs of annual lake monitoring are paid out of the
stormwater utility fund.
Background
The budget for the lake monitoring program was established in the City’s Local Water
Management Plan. City staff coordinates with the Nine Mile Creek (NMCWD) and Riley-
Purgatory-Bluff Creek (RPBCWD) Watershed Districts regarding proposed monitoring for the
upcoming year. A request for proposal was sent to Barr Engineering, Blue Water Science, EOR,
and Stantec. One proposal was received from Blue Water Science. Blue Water Science was the
low cost proposal at $37,100.00.
The following actions are included for sampling:
• Water quality sampling for Birch Island, Mitchell, Red Rock, Round, and Smetana Lakes. The
City and watershed districts will use the water quality monitoring results to inform future
decisions regarding lake management.
Vegetation sampling has been included in this contract in the past but will instead be
performed and/or contracted by Riley Purgatory Bluff Creek Watershed District for 2025.
Costs will be paid from the stormwater utility fund.
ATTACHMENTS
Agreement for Professional Services with Proposal
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this _____ day of _______________, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Steve McComas dba Blue Water Science, a Minnesota sole proprietorship (hereinafter “Consultant”) whose business address is
550 South Snelling Avenue, St. Paul, MN 55116.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for annual lake monitoring hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (proposal dated March 12, 2025) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from March 28, 2025 through March 31, 2026
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $37,100.00 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
Page 2 of 10 (rev. 6/2024)
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 10 (rev. 6/2024)
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
Page 4 of 10 (rev. 6/2024)
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
Page 5 of 10 (rev. 6/2024)
$100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity
Page 6 of 10 (rev. 6/2024)
obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than
the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Page 7 of 10 (rev. 6/2024)
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents
or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance
with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted
Page 8 of 10 (rev. 6/2024)
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 10 (rev. 6/2024)
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the
Page 10 of 10 (rev. 6/2024)
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this
Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing
any of the functions of the City during performance of this Agreement is subject to the
requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor ______________________________ _____ City Manager
BLUE WATER SCIENCE
By: Steve McComas
Its: Owner
Page 11 of 10 (rev. 6/2024)
EXHIBIT A Proposal
P R O P O S A L
2025 Eden Prairie Lake Sampling Program
Date: March 26, 2025
To: Lori Haak, Water Resources Coordinator From: Steve McComas, Blue Water Science
Re: 2025 Lake Sampling Program Proposal for Eden Prairie
The sampling program will include the Tasks outlined below. All lake water quality data collected
will be entered into the Minnesota Pollution Control Agency’s water quality database.
SECTION 1 - SCOPE OF WORK
TASK 1-WATER QUALITY SAMPLING
The following samples will be collected every other week from May (after ice-out) through end ofOctober (for a total of 12 samples) for Birch Island, Mitchell, Red Rock, Round, and Smetana lakes.Samples will be collected from the deepest portion of the lake and latitude/longitude or UTM coordinate
will be provided. Samples will be collected, except for Secchi disc depth, from the surface to bottom ofeach lake in one-meter increments. Parameters to be analyzed in the field: • Secchi disc • Temperature and dissolved oxygen profiles
• Conductivity profiles• pH profiles
Collect a single sample as a 1-meter composite if lake is less than 10 feet in depth. In lakes that aregreater than 10 feet in depth, collect additional samples, at the surface, mid-depth, and bottom forphosphorus analysis (total, ortho, and total dissolved), chloride, and chlorophyll a. Surface, mid-depth,and bottom samples will be collected for Mitchell, Red Rock, and Round Lakes. Top and bottom
samples will be collected for Birch Island and Smetana. These 2 lakes are right at about 10 feet deep.
Parameters to be analyzed by a laboratory:
• Total phosphorus (surface, mid-depth, and bottom samples)• Orthophosphate (surface, mid-depth, and bottom samples)• Total dissolved phosphorus (surface, mid-depth, and bottom samples)• Chloride (surface, mid-depth, and bottom samples)
• Chlorophyll a (surface, mid-depth, and bottom samples)• Ammonium• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity• Total Suspended Solids• Iron
-1-
TASK 2 - REPORT AND MEETING REQUIREMENTS
Once the analysis is completed, one final report will be prepared which summarizes the results for thewater quality monitoring and vegetation-sampling program. The report must include: • Analysis of existing conditions.
• Comparison with historical conditions.• Recommendations for future actions.• Copies of all laboratory reports.• Acknowledgement that all water quality results were entered into the MPCA’s database.
Blue Water Science anticipates two meetings with City staff to discuss the sampling protocol andresults.
The final report should be submitted by March 31, 2026.
SECTION 2 - TERMS AND CONDITIONS
Quote for 2025: Lake and Pond Water Sampling and Projects
2/Month
May - OctSecchi disc, Temp, Diss oxygen, Conductivity, pH - profiles, TP, OP, TDP, Cl, and Chl - top, mid, bottom, NH3, NO3-NO2, TKN, Alk, TSS, Fe - top only
Costs Total
Costs
Labor ForSampling Lab andHandlingCosts
ReportCosts
TASK 1. WATER QUALITY MONITORING
Riley Purgatory Bluff Creek Watershed
Birch Island - top and bottom 12 sampling trips $1,200 12 x $390= $4,680 $700 $6,580
Mitchell - top, middle, bottom 12 sampling trips $1,200 12 x $490= $5,880 $700 $7,780
Red Rock - top, middle, bottom 12 sampling trips $1,200 12 x $490= $5,880 $700 $7,780
Round - top, middle, bottom 12 sampling trips $1,200 12 x $490= $5,880 $700 $7,780
Smetana - 10 ft depth, top and bottom 12 sampling trips $1,200 12 x $390= $4,680 $700 $6,580
Subtotal $6,000 $27,000 $3,500 $36,500
Total
Costs
TASK 2. REPORT AND MEETING REQUIREMENTS
Report preparation included
Meetings (2 meetings at $300/meeting)$600
Subtotal $600
Summary of Proposal Costs for 2025 for Blue Water Science
Total Proposal Costs Summary
Task 1: Lake Water Quality Monitoring $36,500
Task 2: Report Requirements and Meeting $600
Total Proposal Costs $37,100
-2-
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.G.
Department: Public Works/ Streets – Jake Sandvig
ITEM DESCRIPTION
Purchasing untreated and treated salt for winter street operations.
The Minnesota Office of State Procurement Contract Release: S-763(5) Contract No. 230566
and Contract No. 230567 will be used for the purchasing of salt. Cargill, Incorporated is the
authorized vendor for treated salt. Compass Minerals America Inc. is the authorized vendor for
untreated salt.
REQUESTED ACTION
Move to: Authorize purchase of treated salt in the amount $11,004.00 from Cargill,
Incorporated and untreated salt in the amount of $96,230.40 from Compass Minerals America
Inc. for a combined cost of $107,234.40.
SUMMARY
The average salt use per winter season ranges from 1600-1800 tons. We have used 717 tons of
untreated salt and 193 tons of treated salt for the 2024-2025 season through the end of March.
We have set to order 960 tons of untreated salt and 100 tons of treated salt for 2025. The salt
ordering process starts in April of the previous year in which the Streets Division predicts the
amount of salt use for the upcoming year. We have to take 80% of the predicted amount and
the vendors must supply up to 120% of the predicted amount at the state contract price.
ATTACHMENTS
State Contract
Contract Release: S-763(5)
Page 1 of 15
Admin Minnesota Office of State Procurement
Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. CONTRACT RELEASE: S-763(5)
DATE: JUNE 1, 2024 PRODUCT/SERVICE: CRUSHED ROCK SALT (SODIUM CHLORIDE) REGULAR AND TREATED – FOR ROAD USE CONTRACT PERIOD: JUNE 15, 2023, THROUGH MAY 31, 2025 EXTENSION OPTIONS: UP TO 48 MONTHS ACQUISITION MANAGEMENT SPECIALIST/BUYER (AMS): KAREN MCINTYRE PHONE: 651.201.3124 E-MAIL: karen.mcintyre@state.mn.us WEB SITE: https://mn.gov/admin/osp/
CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY
BLACKSTRAP, INC. 230563 Net 30 As Requested
PO Box 258 Neligh, NE 68756 ORDERING CONTACT: Miranda PHONE: 402.887.5651 Email: accounting@blackstrapinc.com FAX: 402.887.5659 CONTACT: Alex Hughes PHONE: 402.887.5651 Email: alex@blackstrapinc.com FAX: 402.887.5659 VENDOR NO.: 0000849027
Link Blackstrap, Inc Sample Invoice
CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY CARGILL, INCORPORATED 230566 Net 30 As Requested 24950 Country Club Blvd. North Olmstead, OH 44070 CONTACT: Customer Care/Service PHONE: 800-600-7258 Email: salt_customercareroadsafety@cargill.com FAX: 952-367-0655 Or Place Orders at 800.600.7258 or Fax 952-367-0655 VENDOR NO.: 0000211244
Additional Information Needed When Ordering Include: Customer Number, Confirm Delivery Address, and Delivery Contact
Link Cargill, Inc Sample Invoice
Contract Release: S-763(5)
Page 2 of 15
CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY
COMPASS MINERALS 230567 Net 30 As Requested AMERICA INC. 900 109th Street, Suite 100
Overland Park, KS 66210 ORDERING CONTACT: Jennifer Thomas PHONE: 800.323.1641 Email: Highwayorders@compassminerals.com Option 1 FAX: 913.338.7945 CONTACT: Sean Lierz PHONE: 913.344.9330 Email: lierzs@compassminerals.com FAX: 913.338-7945 VENDOR NO.: 0000212197 Compass requests orders are placed by Email at Highwayorders@compassminerals.com Include PO # Complete Physical Address of the site for delivery – Street Address, City, State, Zip Contact Person & Phone Number
Link Compass Minerals Sample Invoice
CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY
JOHNSON FEED, INC 230568 Net 30 As Requested 305 W Industrial Rd Canton, SD 57013 ORDERING CONTACT: Jeff Sehr PHONE: 605-764-7373 Email: jeffs@johnsonfeedinc.com
CONTACT: David Richards PHONE: 605-764-7390
Email: davidr@johnsonfeedinc.com
VENDOR NO.: 0000203312 Link Johnson Feed Sample Invoice
CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY
MORTON SALT, INC. 230570 Net 30 As Requested 444 West Lake Street, Suite 3000
Chicago, IL 60606 ORDERING CONTACT: Morton Customer Service PHONE: 855.665.4540 Email: buyroadsalt@mortonsalt.com FAX: 312-896-9208
CONTACT: Na-Tia Douglas PHONE: 312-807-2384
Email: bids@mortonsalt.com
VENDOR NO.: 0000383972
Link Morton Salt Sample Invoice
Contract Release: S-763(5)
Page 3 of 15
CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY
SKYLINE SALT SOLUTIONS 230662 Net 30 As Requested 165 Westside Ct. Dubuque, IA 52003
ORDERING CONTACT: Customer Service PHONE: 563-451-0640
Ordering Email: Admin@skylinesalt.com FAX: 563-556-1656
CONTACT: Darrell Kritz PHONE: 563-580-4807 Email: Darrell@skylinesalt.com FAX: 563-556-1656 VENDOR NO.: 0001141575
Link Skyline Salt Sample Invoice
CONTRACT USERS. This Contract is available to the following entities as indicated by the checked boxes below
☒ State agencies
☒ Cooperative Purchasing Venture (CPV) members
STATE AGENCY CONTRACT USE. This Contract must be used by State agencies unless a specific exception is granted in writing by the AMS listed above.
STATE AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor. State
agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include his or her name and phone number. Orders may be submitted via fax.
CONTRACT FEEDBACK. If these commodities or service can be better structured to help you with your business needs,
let us know. We solicit your comments and suggestions to improve all of our contracts so that they may better serve your business needs. If you have a need for which no contract currently exists, or you would like to be able to use an existing
state contract that is not available to your entity, whether a state agency or CPV, please contact us. If you have specific comments or suggestions about an individual contract you can submit those via the Contract Feedback Form.
REVISIONS. 06/01/2024 All contracts are extended with updated pricing. Early Delivery order deadline is changed to October 31, 2024. Road Salt season 2023-2024 Storage fees for are reduced to $6.00 per ton per month for Cargill,
Compass, and Morton Salt, and $2.50 per ton per month for Skyline. The fuel rates used for calculating the possible fuel charges are updated for the 2024-2025 season All other terms, conditions and specifications
remain the same. 04/24/2024 Skyline Contract No. 230662 amended to add MnDOT Transfer Locations. All other pricing, terms, conditions & specs remain unchanged. 07/06/2023 For Compass Contract No. 230567, added MCF – St. Cloud CPV location for treated road salt. All pricing,
terms, conditions, and specs remain the same. 08/03/2023 For Cargill Contract No. 230566 amended to reduce treated road salt from 900 tons to 800 tons for City of
Hastings. All pricing, terms, conditions and specs remain the same. 07/06/2023 For Compass Contract No. 230567, added East Grand Forks CPV location for regular road salt. For Cargill
Contract No. 230566, MnDOT Mendota location treated road salt delivery price is corrected. For Blackstrap Contract No. 230563, Kittson Co. delivery price is corrected. For Skyline Contract No. 230662 the MnDOT
Fairmont Regular Salt total delivered price is corrected. All other terms, conditions, specifications, and pricing remains the same.
PLACING ORDERS AND PRICING INFORMATION
• Contact the Contractor to set up your account and place your purchase order.
• The contract was executed with FIXED PRICING. The vendor pricing must match the prices in the price book link below.
• Verifying Contract Prices: Customers must calculate and confirm all contract prices when placing any order.
• Only accept contractor quotes that provide itemized contract pricing (lump sum price quotes must be rejected and reworked by the Contract Vendor to show itemized State contract pricing).
Contract Release: S-763(5)
Page 4 of 15
• Prior to accepting an order or issuing payment on an invoice, inspect the goods and/or deliverables to ensure they match both the specifications, terms, and pricing of the contract.
• Contact the Contract Vendor if you identify any discrepancies or need to take any deductions for moisture or late delivery. Contact the AMS/Buyer detailed herein to report any pricing discrepancies or for assistance in confirming/calculating contract pricing.
PRICE SCHEDULE LINKS The links below display the complete list of MnDOT and CPV customer locations, prices, and Awarded Contractor by Location CPV Member Road Salt Exhibit D - Price Schedule 2024-2025 MnDOT Road Salt Exhibit D- Price Schedule 2024-2025
SPECIFICATIONS, DUTIES, AND SCOPE OF WORK
1. STATE GUARANTEE.
1.1 This Contract will be for 80 percent (%) commitment to take the listed quantity by the customer and a
commitment from the Contractor to provide 120 percent (%) of the listed quantity.
1.1 The State requires 120% of the Contractor’s contracted salt quantities to be in position within the State of
Minnesota or regional depots and available January 1st through April 15th for the contracted winter
season.
Salt delivered to MnDOT and CPV members shall be subject to the guarantees described herein:
1.2 MnDOT Metro Area Guarantee. The MnDOT Metro area will purchase a minimum 80 percent of its total
estimated tonnage awarded under the Contract and the Contractor is obligated to furnish up to 120
percent of the total estimated tonnage awarded under the Contract. As used in this paragraph, "total
estimated tonnage" means the total quantity of all Metro areas awarded to the Contractor. Tonnage
delivered to individual delivery points or Metro areas may fall outside these minimum and maximum
percentage ranges as long as the total estimated Metro area tonnage remains unchanged. If a need occurs
to modify individual delivery point estimated tonnage, the Contractor agrees to deliver the material to the
alternate location at the contracted prices for the alternate location. See Section 4.5 for more details on
alternate delivery locations.
Example: Contractor A is awarded delivery locations with total estimated tonnage of 70,000. The
guaranteed minimum is 70,000 x 0.8 = 56,000 tons. Similarly, the maximum obligation of the Contractor
would be 70,000 x 1.2 = 84,000 tons. This pertains to the Metro MnDOT District only.
1.3 MnDOT Greater Minnesota Areas Guarantee – DOES NOT INCLUDE MNDOT METRO. Greater Minnesota
MnDOT districts agree to purchase a minimum of 80 percent of the total estimated tonnage awarded under
the Contract and the Contractor is obligated to furnish up to 120 percent of the total estimated tonnage
awarded under the Contract. As used in this paragraph, "total estimated tonnage" means the total quantity
of all greater Minnesota MnDOT maintenance areas awarded to the Contractor. Tonnage delivered to
individual delivery locations or districts may fall outside these minimum and maximum percentage ranges
as long as the total estimated Greater Minnesota tonnage remains unchanged. If a need occurs to modify
individual delivery point estimated tonnage, the Contractor agrees to deliver the material to the alternate
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location at the contracted prices for the alternate location. See Section 4.5 for more details on alternate
delivery locations.
Example: Contractor A is awarded delivery locations with total estimated tonnage of 70,000. The
guaranteed minimum is 70,000 x 0.8 = 56,000 tons. Similarly, the maximum obligation of the Contractor
would be 70,000 x 1.2 = 84,000 tons. This pertains to the greater Minnesota MnDOT districts only and
does not include MnDOT Metro districts.
1.4 Cooperative Purchasing Venture (CPV) Members Guarantee: The CPV member guarantees the purchase of
at least 80 percent of the total estimated quantity for the entity awarded to an individual Contractor, and
the Contractor must guarantee to supply up to 120 percent of the estimated quantity to the CPV member.
This shall apply to the estimated quantities of salt required for delivery or pick up as shown on the Exhibit
D: Price Schedule. If the agency has multiple delivery locations, the total is for the combined requirements
for the CPV member – not by individual delivery location. Tonnage delivered to individual delivery
locations, for a CPV member with multiple deliver locations, may fall outside these minimum and maximum
percentage ranges as long as the total estimated CPV member tonnage remains unchanged. If a need
occurs to modify individual delivery point estimated tonnage the Contractor agrees to deliver the material
to the alternate location at the contracted prices for the alternate location. See Section 4.5 for more details
on alternate delivery locations.
If the Customer is unable to take the 80% required minimum, the product could be shipped to another
location or customer at a price that is mutually agreed by the Contractor and the receiving Customer. Any
quantity shipped would apply against the original Customer’s guarantee.
1.5 Should a situation occur where any Customer requires more than 120% of the estimated tonnage awarded
to a Contractor under the Contract, the Customer may increase the quantity, if the Contractor agrees,
providing the terms and conditions remain unchanged and the price is the same or lower as originally
contracted, unless otherwise agreed to in writing by the AMS. The additional product shipped does not
relieve the Contractor from satisfying all of its salt requirement totals by customer location as contracted.
1.6 If the Customer is unable to take the 80% required minimum, the product could be shipped to another
location or customer at a price that is mutually agreed by the Contractor and the receiving Customer. Any
quantity shipped would apply against the original Customer’s guarantee.
1.7 Should a situation occur where any Customer requires more than 120% of the estimated tonnage awarded
to a Contractor under the Contract, the Customer may increase the quantity, if the Contractor agrees,
providing the terms and conditions remain unchanged and the price is the same or lower as originally
contracted, unless otherwise agreed to in writing by the AMS. The additional product shipped does not
relieve the Contractor from satisfying all of its salt requirement totals by customer location as contracted.
2. CONTRACTOR REPORTING.
2.1 Stockpile Verification. The Contractor will provide a report in Microsoft® Excel format detailing the tonnage
available by vendor stockpile location and an analysis of whether there are any issues with meeting the
contract guarantee provisions. The Stockpile report will be due on to the AMS on the 10th of each month
August through April or upon request from the AMS.
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2.2 Order Status. The Contractor will provide an order status report monthly for order(s) which are incomplete
or overdue. The order status report will be due on to the AMS on the 10th of each month August through
April or upon request from the AMS.
3. ORDER PROCESSING.
3.1 The Contractor shall have one designated individual available during all salt shipments who has the
authority to act on behalf of the Contractor in any matter relating to delivery questions and material quality
issued.
3.2 All orders must be in writing and all MnDOT orders must have an associated Purchase Order number
included on the order. MnDOT must include a copy of the Purchase Order upon request of the Contractor.
A Minnesota Sodium Chloride Delivery Request and Confirmation Form (hereafter “Order Form” and
Exhibit E – Sample Order Form) is recommended to request and confirm orders. Contractor written
response to the receipt of a written order from Customer shall be followed by email confirmation within
two days by both parties which may include the Order Form as documentation for reconciliation. The
Customer may refuse delivery if the Contractor fails to respond in writing.
3.3 When placing an order, the Customer shall provide the Customer contacts for delivery coordination along
with phone number and other contact method (fax, email, etc.) for the contact. The Customer will provide
Contractor a list of destinations with addresses in priority order for delivery, number of tons requested,
preferred delivery dates and preferred time of day for each destination and the hours available for delivery
to be made. The Contractor must accept the requested delivery terms or negotiate alternative delivery
terms and confirm the agreed upon terms within two days of receiving the request for delivery.
3.4 Confirmation shall be by email to the contact person listed on the order. If the customer does not request an order in writing, the Contractor is under no obligation to meet the 10-day delivery window. If the
Customer does not specify a required delivery date, the delivery is assumed to commence within 5 business
days and be completed within 10 business days from the order date.
3.5 Early fill order requests must be submitted by October 31st of the contract term. Salt ordered after
November 1st of the contract term will be considered as Seasonal Fill and is not subject to the Early Fill
delivery date deadlines outlined in Section 5. When intending to deliver early fill salt, the Contractor must
arrange with the Customer to take delivery by giving the Customer a ten-business day notice of intent to
deliver. The Customer must acknowledge the notice in writing. The Contractor must confirm delivery
arrangements by email to the Customer’s contact person in writing.
3.6 If the delivery requested by the Customer follows the delivery provisions included in this contract, the
Contractor must satisfy the delivery request. If the Contractor cannot meet the requested delivery window,
and the Contractor and the Customer cannot agree on an alternative delivery schedule, the Customer
reserves the right to cancel the order and purchase from the next low responsive vendor or on the open
market from another source. The Contractor must pay the difference in cost between the Contract price
and the cost of the second vendor if it is higher than the Contract price. This cost may be deducted from
any invoice that the Customer has with the Contractor. All costs will include, but are not limited to, the cost
of the product, sales tax, and transportation charges.
3.7 If the Contractor acknowledges and accepts the order and fails to meet the required delivery window, the
Customer reserves the right to assess liquidated damages as outlined in the contract.
3.8 If the Contractor cannot meet an established delivery window, they must notify the MnDOT District or CPV
Member at least 24 hours prior to the start of the established delivery window to attempt to establish an
alternate delivery schedule.
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3.9 The Customer must provide the Contractor written documentation of the agreed upon delivery to assess
liquidated damages.
3.10 If the Contractor fails to meet the delivery requirements and the purchasing entity has purchased road salt
from another source per the terms of Section 3.6 of this contract, the 80% guarantee may not be enforced
by the Contractor to the purchasing entity with late deliveries.
4. DELIVERY REQUIREMENTS.
All deliveries must be FOB Destination to the MnDOT or CPV member’s storage facilities identified in the Price Schedule.
4.1 All loads must be covered. The Contractor must furnish covers on trucks of sufficient size, weight, and good
condition, to protect the load from moisture and loss of material in transit. Loads not covered may be
rejected or subject to a 10 percent deduction to the Contract Price on the tonnage shipped if the ordering
agency accepts the shipment.
4.2 Conveyor Deliveries. If the Contractor does not use conveyor unloading for those sites requesting conveyor
unloading, a deduction of 10 percent will be made from the Contract price. In addition, any costs incurred
by the MnDOT District or the CPV member to move the salt to the storage facility will be charged back to
the Contractor. This will include, but is not limited to, any actual costs for equipment, labor, transportation
charges and any applicable taxes.
4.3 Will Call Pickup. Should a MnDOT location or CPV member desire to pick up the order, the Customer will
be responsible for coordinating the time and place for pick up from the Contractor. The cost of the product
will be adjusted to reduce the total delivered price by the cost of delivery to the Customer. The Contractor
muse use the source stockpile originally designated in their bid for the Customers location unless the
Customer agrees to pick up at an alternative stockpile. The Customer must confirm with the Contractor and
restrictions on truck size or configuration prior to the Will Call Pickup.
4.4 Delivery Errors. If the Contractor delivers the product to the wrong location or does not use the delivery
method required, i.e., end dump, belly dump, etc., at the delivery site, the Customer may reject the load.
Within two (2) days of notification, the Contractor must pick up the material and deliver it to the correct
location or move the material as required, or the Customer may make the correction and charge all actual
labor hours and equipment time back to the Contractor.
4.5 Alternate/Modified Delivery Locations. The Customer may request to have contracted material delivered to
an alternate location within areas serviced by the Contractor’s source stockpile locations. In the effort to
ensure public safety, the Contractor is required to make every reasonable effort to service alternative
locations when requested by the Customer.
There are two different types of alternative locations:
• Contractor’s Contract Site to Same Contractor’s Contract Site
• Contractor’s Contract Site to a Contractor’s Non-Contract Site.
For the two types of alternative delivery locations, the Contractor must follow the process below:
4.5.1 For Contractor delivery of contracted material to the same Contractor’s contract delivery site.
The Contractor must provide delivery to the alternate site at the contracted price for the
alternate site if product contracted are both served by the same source stockpile per the
guarantee provisions. If product contracted for the alternate site is not served by the same
source stockpile, the Contractor will provide a quote to the Customer which details any potential
change in delivery costs to the alternative Customer location with the base cost of the material
remaining the same.
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4.5.2 For Contractor delivery to a non-contract site. If the non-contract site is within the service area of
the Contractor, the Contractor must provide a quote to the Customer with the product price and
the delivery charges for the non-contract site. Acceptance of the quoted delivery charge or
product pricing differences is at the discretion of the Customer.
4.6 Required Delivery Notification. NO DELIVERIES MAY BE MADE WITHOUT PRIOR NOTIFICATION TO THE
CUSTOMER. The Contractor must provide notice of intent to deliver at least 24 hours prior to the actual
delivery and receive a confirmation in order to ensure that staff is available to inspect and receive the load.
4.7 Required Delivery Signature. DELIVERIES UNLOADED WITHOUT OBTAINING SIGNATURES WILL NOT BE
PROCESSED FOR PAYMENT. All MnDOT deliveries must be signed for by a representative of the State. The
signature is required for verification of delivery and processing payment. It is recommended CPV deliveries
are signed for by an authorized representative at the time of unloading.
4.8 Customer Pick Up. Some CPV Members have indicated that agency pickup of material will be required.
Contractors must have product available within 25 miles of the requesting agency locations except for the
City of Maple Grove.
4.9 Load Sizes. The Contractor is advised that the legal weight limit allowed on State highways will be strictly
enforced. In the event a load is shipped to a delivery point which exceeds the legal load limits, the State
may notify the appropriate law enforcement personnel of the overweight load.
4.10 Carrier. The Contractor must use a carrier that meets all federal and State laws as required by the
appropriate interstate transportation authority.
4.11 Weigh Scale Tickets. All salt delivered under this Contract shall be weighed by the Contractor on an
approved scale that meets all applicable specifications, tolerances, and other requirements of Minnesota
Rules Chapter 7601. No Contractor will be allowed to use a publicly owned scale or to substitute boxcar or
barge weights for this requirement. The State reserves the right to have the loads re-weighed for
verification of weight, at a certified scale. The site for re-weighing shall be determined by the State. Weigh
slips must be provided at the time of delivery. If requested, the Contractor must submit a copy of the
current scale calibration certification.
5. SALT DELIVERY SCHEDULE REQUIREMENTS.
5.1 The Contractor will provide not less than 80 percent and up to 120 percent of the estimated Contractor
totals available for delivery or pick up, as shown on the price schedule between the dates of June 1st
through May 31st of the Contract term.
5.2 Deliveries to destinations requested by the Customer shall commence within 5 business days and be
completed within 10 business days from the date agreed upon under Section 3.3 and 3.4 above, except as
addressed in Section 5.3 and 5.5 below, unless other arrangements are agreed to in writing.
5.3 If the Customer does not specify a required delivery date, the delivery is assumed to commence within 5
business days and be completed within 10 business days from the order date and the Contractor must still
confirm the delivery date(s) as specified in Section 3.2.
5.4 Orders larger than 1500 tons shall have an extra day to deliver per every additional 500 tons.
5.5 Early Fill. Customers may request early fill orders and they are encouraged as a means to effectively
manage delivery and salt quality. Early Fill orders must be submitted by November 1 of the contract term.
Early Fill salt will be delivered to the destination by direct transfer from a ship, barge, or rail car and not
from the prior season’s local salt stockpiles or another storage facility. The State will not accept material
left over from the previous season for these orders. Delivery dates must be arranged by the Contractor
with proper notice to the Customer (see Section 3.4), 75% of the early fill delivery must be completed to
each location by November 10 of the contract term and 100% of the early fill must be completed by
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December 4th of the contract term. The customer is obligated to accept delivery of early fill salt upon
proper notification by Contractor (see Section 3.5).
5.6 Seasonal Fill. Seasonal Fill salt may be delivered from a stockpile or from a ship, barge, or rail car. Seasonal
Fill orders are orders submitted from November 1 of the contract term to the end of the contract term.
5.7 Delivery dates are at the request of the Customer per Section 3 and 5 of these provisions.
5.8 From November 1 through the end of the Contract term, in the event of predicted or existing severe bad
weather conditions, Contractors must begin providing product and service with 24 hours notification, seven
days a week, 24 hours per day.
5.9 Holiday Schedule. In the event of predicted or existing severe bad weather conditions during an official
State holiday – New Year’s Day, Martin Luther King Day, Veterans Day, Thanksgiving Day, Day After
Thanksgiving or Christmas Day – the Contractor must provide product and service with 24 hours
notification. The Contractor will provide agencies with a list of emergency personnel that can be contacted
and who will be responsible for coordinating deliveries during holidays.
5.10 Delivery Times: All deliveries shall be made to the destination requested by the Customer and in the
sequence specified on the order between the hours of 8:00 AM and 3:30 P.M., excluding Saturdays,
Sundays, and holidays, unless other arrangements are agreed to, in writing, by authorized representatives
of the Contractor and Customer.
5.11 Delivery Rate. The Contractor must confirm the delivery rate with the Customer prior to the beginning
delivery. Unless other arrangements are agreed to in writing by authorized representatives of the parties,
deliveries, once begun at a given delivery location covered on a delivery request, shall be continuous at a
rate averaging three trucks per hour with no more than 90 minutes between any two deliveries to that
delivery location unless mutually agreed to by the Contractor and the Customer. Deliveries begun to a
given location but not completed within one workday shall resume at a rate averaging three trucks per
hour with no more than 90 minutes between any two deliveries the following workday(s) until completed.
5.12 For the purposes of this solicitation, the term Business Day means any day other than Saturday, Sunday and
any day which is a legal holiday in the State of Minnesota, see Section 5.4.
6. LIQUIDATED DAMAGES.
Unless the Contractor receives written approval for an alternative delivery schedule from the customer, liquidated
damages will be assessed at the discretion of the Customer as outlined in this section and per the requirements
of Section 3 and Section 5 for Delivery Requirements and Section 3 Order Processing.
For the purposes of this section, the following definitions are applicable:
6.1 Truck Load. The total tons of product delivered per truck load to the delivery location, i.e., estimated 20 to
25 tons per truck.
6.2 Delivery Order. The total tons ordered for a specific delivery date, i.e., 100 tons (five truckloads) due on
(customer’s due date).
Foreign Material. Product shall be free from any foreign material at the point of delivery. Residue from truck beds such
as coke, grain, coal, gravel, etc., or other materials not germane to sodium chloride may be cause for rejection. Any
residue materials used in the production of the product, or any oversized materials found in the delivery order may be
cause for rejection. Liquidated damages may be assessed from the day of rejection until replacement material is
delivered.
6.3 Delivery Schedule. For the purpose of determining day one of a purchase order, the following rule will
apply:
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Purchase orders received on a specific day; the following day will be considered as the first working day
of that order.
Day Order Received First Working Day
Monday Tuesday
Tuesday Wednesday
Wednesday Thursday
Thursday Friday
Friday Monday
If the Contractor fails to deliver the order according to the required delivery date(s) on the purchase order
or order form from the customer or alternate delivery date(s) as established as addressed in Section 3 and
Section 5, Liquidated Damages on the undelivered quantities of the order will be assessed at the discretion
of the Customer.
To apply liquidated damages, the Customer must have documentation of the alternative agreed
upon delivery date.
6.4 Liquidated damages will be of $1.00 per ton, per business day, on the undelivered portion of the order.
The customer may apply liquidated damages until the Contractor has satisfied the obligations of the
purchase order.
7. INVOICES.
The Contractor will be required to submit invoices to MnDOT Districts that have single line billing – the combined cost
of the salt and the cost for delivery as submitted in the Price Schedule and as contracted, unless an adjustment is
made for an increase or decrease in the diesel fuel rate. In no event, including a change in transportation charges, will
the total price submitted on an invoice for payment exceed the price offered by the Contractor. Failure to pay an
invoice within 30 days due to pricing errors by the Contractor will not require an agency to pay an interest charge for
late payments.
When an Alternative/Modified Delivery Location has been requested and agreed to by the Customer and Contractor
the invoiced amount must reflect the modified material and/or delivery price per Section 4.5.
In all cases, for both MnDOT and CPV Members, any credits or debits for fuel surcharges, late deliveries, liquidated
damages, etc., must be detailed and clearly shown on the invoice as a credit or debit, whichever is applicable, as
a separate line item.
8. DEDUCTIONS OR LIQUIDATED DAMAGES NOTIFICATIONS.
8.1 The Customer should notify the Contractor as soon as possible of receipt of material out of specification or
late delivery to assist the Contractor to take corrective action.
8.2 The Customer should notify the Contractor as soon as possible of the intent to take deductions or
liquidated damages. The notice to the Contractor by the Customer of the intent take deductions or
liquidated damages against the delivery (invoice) should be no later than 5 business days from the date of
the delivery of the material.
9. FUEL SURCHARGES.
9.1 Fuel surcharges will only be allowed if the price per gallon of diesel fuel INCREASES more than 25 percent
from the diesel fuel prices posted on April 17, 2023. The Midwest Region’s retail prices were $4.027/Gallon
for diesel and $3.527/Gallon of regular gas on April 17, 2023. These are the established prices which will be
used for future fuel surcharge calculations.
9.1.1 For the 2024-2025 season, the fuel pricing used to establish fuel surcharges is amended to Midwest
Region’s retail prices at $3.965/Gallon for diesel and $3.465/Gallon of regular gas on April 15, 2024.
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9.2 The fuel surcharge may only be applied to the delivery cost per ton from the Contractor’s Minnesota depot
to the Customer’s location as offered on the Exhibit D: Price Schedule, not the product cost and
transportation cost to the Minnesota depot.
9.3 The index used for the Contract will be the Gasoline and Diesel Fuel Update for the Midwest Region as
posted by the Energy Information Administration at: https://www.eia.gov/petroleum/gasdiesel/. Once the
fuel price returns to 25 percent or less of the fuel price on the day the Solicitation is due, surcharges may
no longer be charged.
9.4 In the event the contract term is extended, the diesel fuel price will be set on April 15th of each succeeding
contract year.
9.5 All requests for fuel surcharges must be submitted in writing and approved in writing by the AMS before
they are put into effect. The State will determine the percent increase per ton that will be allowed on the
delivery cost. No fuel surcharges will be effective until approved by the AMS. If fuel surcharges are
authorized by the AMS, it must be indicated as a separate line item on the invoice.
9.6 Fuel surcharges may only be applied to the freight portion of the total delivered price and may not be
applied against the product cost. The Contractor must show the original freight portion on the invoice so
the Customer can calculate the percentage of surcharge that will be applied and confirm its accuracy.
9.7 Example Surcharge Calculation
Standard Set Price: Diesel fuel prices set April 15, 2023 $4.00/Gallon Actual Price: Diesel fuel prices on November 20, 2023 $5.20/Gallon Contracted Road Salt Delivered Price: $50/Ton for Road Salt plus $25/Ton Delivery Charge = $75.00/Ton
Fuel Surcharge Calculation: (Actual Price/Standard Set Price) * Delivery Charge
$5.20/Gallon divided by $4/Gallon = 30% $25/Ton Delivery Charge times 30% = $7.50/Ton Fuel Surcharge
9.8 Because of the volatility of the oil industry, if the price per gallon of diesel fuel DECREASES more than 25
percent from the diesel fuel prices posted on May 15, 2023, the Contractor must pass the savings on to the
Customer at the same percentage rate as approved by the AMS. The decrease will be in the form of a credit
per ton and may only be applied to the delivery cost per ton from the Contractor’s Minnesota depot to the
Customer’s location as offered on the Exhibit D: Price Schedule, not the product cost and transportation
cost to the Minnesota depot. The Contractor must show the original freight portion on the invoice so the
Customer can calculate the percentage of decrease that will be applied per ton and confirm its accuracy.
10. MATERIAL DATA SHEETS.
The Contractor must submit a material data sheet with each delivery if requested by a MnDOT District or a CPV
Member.
11. QUALITY CONTROL AND SAFETY PROCEDURES.
If requested, the Contractor will provide the State a copy of its Quality Control and Safety Procedures as it relates
to product production, handling, transportation, and storage. There will be no additional cost to the State if this
information is requested.
12. SPECIAL SERVICES.
If the Customer is unable to take its 80% of the required salt amount before the end of the Contract term, and if
mutually agreed by the purchasing entity and the Contractor, the Contractor may store the salt at its depot after the
Contract term has lapsed. The revised delivery date for the product will be mutually agreed to by the purchasing
entity and the Contractor. The purchasing entity and the Contractor will confirm its agreement in writing. No
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Contract amendment will be issued by the State. The State Customer will encumber funds to cover any additional
expenses, if required, and will issue a separate purchase order for the service. The product delivered must meet all
specifications called for in the original Contract. The Contractor is not required to provide this special service. This
provision does not negate the purchaser’s responsibility to take 80% of the salt amount originally contracted.
12.1 Storage Fee. The Price Schedules includes a column for Storage Fees. Contractors have offered a
maximum Storage fee amount, per month, for each location they are contracting. If no amount is
entered, the Storage Fee will be $0.
12.2 Vendor Storage Site. The Contractor must store its product at a site that meets or exceeds all State of
Minnesota requirements and regulations. The site must be available for inspection by Sate authorized
representatives upon request.
PRODUCT SPECIFICATION SECTION
1. REGULAR ROAD SALT PRODUCT SPECIFICATIONS. Road salt furnished under this Contract shall meet or exceed
the requirements as outlined in the following specifications.
1.1. REGULAR ROAD SALT - ASTM-D-632, TYPE I, GRADE I- MODIFIED PER MnDOT SPEC. 3910, 2020 Edition
as modified below:
3910.1 Scope. This Specification covers rock salt (sodium chloride) to be used for road purposes.
3910.2 Requirements. The quality and grading of the salt shall conform to ASTM-D-632 for Type 1, Grade 1
material. At the time of delivery to the Customer, the salt shall not contain more than 2.0 percent
moisture, and it shall be free of lumps, aggregations, foreign matter and be free flowing. The salt
shall always maintain free flowing characteristics. The sodium chloride content shall be a minimum
of 95.0%.
3910.3 Samples and Testing.
3910.3.1. Samples.
The State or CPV Members reserve the right to sample and inspect the salt at the Contractor's
unloading and storage facilities or at the point of delivery. Sampling shall be done according to
ASTM D 632 modified as described in MnDOT Laboratory Manual Section 2101.1
www.dot.state.mn.us/materials/labmanual.html.
3910.3.2. Testing.
Moisture testing shall be done according to the Rock Salt Microwave Rapid Moisture Test, Rock Salt
Moisture Balance Rapid Moisture Test or Rock Salt Oven Moisture Test (ASTM E 534 modified) as
described in the MnDOT Laboratory Manual Sections 2101, 2102 or 2103 respectively.
www.dot.state.mn.us/materials/labmanual.html.
Sieve Analysis shall be done according to the Rock Salt Gradation procedure as described in
the MnDOT Laboratory Manual Section 2104.
The chemical analysis for determination of sodium chloride content shall be made in accordance
with the Sodium Chloride Content by Silver Nitrate Titration (AASHTO T-260-6 modified) as described
in the MnDOT Laboratory Manual Section 2105.
2. TREATED SALT PRODUCT SPECIFICATIONS. Any product offered must be on the Minnesota Department of
Transportation (MnDOT) Approved Products List (APL) for Winter Chemicals. For definition purposes, for
this Request for Proposal only, TREATED SALT is defined as follows:
2.1. TREATED SALT is a mixture of Regular Road Salt, ASTM-D-632 Type I, Grade I, - Modified per MnDOT
Specification 3910 and as modified in Section 1.1 above, blended with a corrosion inhibited magnesium
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chloride product for anti-icing or deicing and listed on the MnDOT Winter Chemical APL category “Corrosion
Inhibited Sodium Chloride (solid)/Treated Salt”. A product that has been blended with the Regular Road
Salt specified above and a corrosion inhibited magnesium chloride product that is listed on the MnDOT
Winter Chemical APL category “Rock Salt Treating Additive (24% min MgCl2)” will be considered pending a
successful field trial evaluation by the MnDOT. The magnesium chloride-based product will also contain an
agricultural processing residue or an alternative MnDOT approved agent that will depress the effective
working temperature and decrease corrosiveness of the overall compound as well as prevent leaching of
the treating solution.
Agriculture Processing Residue Products (APRP) is the concentrated liquid residues from the processing of
grains and other agricultural products. They are derived from the processing of agricultural raw materials,
primarily corn and beets. The liquid residues are typically combined with chloride solutions and/or rock
salt and the resulting mixture is applied to road surfaces and bridge decks for the purpose of anti-icing or
de-icing.
Treated Salt must be blended by the Contractor prior to shipment to ordering agencies location(s).
2.2. Anti-caking agents are not required in regular road salt that is used for TREATED SALT.
2.3. Sodium Chloride. The resulting treated salt shall be not less than 91.2% Sodium chloride. The chemical
analysis for determination of sodium chloride content shall be made in accordance with the Sodium
Chloride Content by Silver Nitrate Titration (AASHTO T-260-6 modified) as described in the MnDOT
Laboratory Manual Section 2105 www.dot.state.mn.us/materials/labmanual.html.
2.4. Application Rate. There are two categories of product being solicited with different application rates
as follows: 2.4.1. Category 1, One (1) ton of salt mixed with six (6) gallons, plus or minus (+/-) one-half (½) gallon of
corrosion inhibited magnesium chloride product. The application rate shall be tested in
accordance with the Treated Salt – Liquid Treating Agent Content method as described in the
MnDOT Laboratory Manual Section 2106. www.dot.state.mn.us/materials/labmanual.html.
2.4.2. Category 2; One (1) ton of salt mixed with eight and one-half (8.5) gallons, plus or minus (+/-) one-
half (½) gallon of corrosion inhibited magnesium chloride product. The application rate shall be
tested in accordance with the Treated Salt – Liquid Treating Agent Content method as described
in the MnDOT Laboratory Manual Section 2106. www.dot.state.mn.us/materials/labmanual.html.
2.5. Leaching. Properly stored product (covered or inside) shall not have objectionable leaching or separation of
components to the extent that such condition produces adverse effects in the handling or usage of the
product or routine maintenance of the storage facility.
2.6. Moisture Content. At the time of delivery to the Customer, the moisture content shall be:
2.6.1. Category 1, less than 3.0% when tested by the Rock Salt Microwave Rapid Moisture Test, Rock Salt
Moisture Balance Rapid Moisture Test or Rock Salt Oven Moisture Test (ASTM E 534 modified) as
described in the MnDOT Laboratory Manual Sections 2101, 2101 or 2103 respectively.
www.dot.state.mn.us/materials/labmanual.html.
2.6.2. Category 2, less than 4.0% when tested by the Rock Salt Microwave Rapid Moisture Test, Rock Salt
Moisture Balance Rapid Moisture Test or Rock Salt Oven Moisture Test (ASTM E 534 modified) as
described in the MnDOT Laboratory Manual Sections 2101, 2101 or 2103 respectively.
www.dot.state.mn.us/materials/labmanual.html.
2.7. PRE-TREATMENT AGENT. The liquid de-icer that is applied to the Regular Road Salt defined above must
meet the following specification:
2.7.1. Pre-treatment Agent. A corrosion inhibited pre-treating agent with a minimum of 24% magnesium chloride. A MnDOT approved corrosion inhibited/treated salt blend that has been
Contract Release: S-763(5)
Page 14 of 15
treated with magnesium chloride-based product will satisfy the pre-treatment agent requirement.
2.7.2. Corrosivity. The pre-treating agent shall have a corrosion value at least 70% less than that of
Sodium Chloride when tested by the National Association of Corrosion Engineers Standard TM-
O1-69 as modified by the Clear Roads Consortium/Pacific Northwest Snowfighters Association.
2.7.3. Color. Products shall be dyed blue or green as part of the original manufacturer’s production
process. Acceptance of undyed product will be at the discretion of the ordering agency.
3. TESTING. At its discretion, MnDOT and CPV members may test and inspect material from the Contractor's
stockpile prior to delivery. MnDOT and CPV members may also test and inspect material at the Contractor's
stockpile when so requested by the Contractor on material to be delivered to the various delivery points covered
in this Solicitation. MnDOT and CPV members will make every practical effort to meet this request. If not
practical, or if insufficient lead time prevents pre-inspection, the salt will be inspected at the delivery point.
MnDOT and CPV members may refuse future deliveries from any vendor stockpile from which samples testing
greater than 2 % for Regular Road Salt; 3 % or 4% moisture for Category 1 Treated Road Salt or Category 2
Treated Road Salt respectively.
All salt delivered to the various delivery points is subject to final inspection, as delivered, at the discretion of the
Agency field personnel.
When inspected at the delivery point, the salt shall conform to the product specifications as outlined in
the Solicitation, subject to the following modifications:
3.1. When more than 20 tons are delivered to a specified location on a single purchase order, a tolerance in
gradation of 5 percentage points will be permitted for sieves #4, #8, and #30 on the average gradation of
the loads delivered.
3.2. Any delivered salt that fails to meet specification requirements may be rejected at the Customer’s
discretion. If the urgency of circumstances makes it necessary, the State may accept the salt and make
payment in accordance with the schedule of deductions listed below.
3.3. Salt that is rejected and not used shall be removed by the Contractor and immediately replaced with
product that conforms to specification at no additional cost to the Customer.
3.4. In the event salt is used that fails to meet specification requirements, a deduction will be made from
the Contract price as follows:
3.4.1. Chemical Composition. For each 0.1 percentage point deficiency in sodium chloride content, a deduction of one percent (1%) of the Contract price per ton will be made, except if the sodium chloride content is found to be less than 85 percent, at which time the salt may be rejected. Salt that is rejected and not used shall be removed by the Contractor, at their expense, and immediately replaced with product that conforms to specification at no additional cost to the Customer.
3.4.2. Gradation. For each one (1) percentage point outside the limits permitted by the specification for each sieve size, a deduction of one percent (1%) will be made from the Contract price.
3.4.3. Condition. For salt received in a lumpy condition which requires reprocessing by the agency in order
to make it usable, a deduction in payment will be made in an amount equal to the cost of the
reprocessing work done by the Customer in order to put the salt into a usable condition. All actual
costs will be itemized and submitted to the Contractor with the invoice which has the deduction
taken.
3.4.4. Moisture Content. For purposes of deductions, the following chart and provisions will apply:
Regular Road Salt Moisture Deduction Table
Contract Release: S-763(5)
Page 15 of 15
% Moisture Deduction % Moisture Deduction % Moisture Deduction
2.01-2.09 10% 2.5-2.59 25% 3.0-3.09 40%
2.1-2.19 13% 2.6-2.69 28% 3.1-3.19 43%
2.2-2.29 16% 2.7-2.79 31% 3.2-3.29 46%
2.3-2.39 19% 2.8-2.89 34% 3.3-3.39 49%
2.4-2.49 22% 2.9-2.99 37% 3.4 & UP 50%
3.4.5. Treated Rock Salt moisture: The maximum allowable moisture content for Treated rock salt shall
not exceed 3% for Category 1 and 4% for Category 2 according to Section 2.6. Moisture
Deductions for Treated rock salt shall be according to the regular rock salt table in Section 4.4.4
modified to add 1 % for Category 1 and 2% for Category 2 to each % Moisture range.
3.4.6. If the Contractor makes salt deliveries totaling 200 tons or more of salt to a contracted
maintenance area with an average moisture content for all loads which fail moisture content
requirements exceeding 3.0 for Regular Road Salt; 4.0 percent for Category 1 Treated Salt or 5.0
percent for Category 2 Treated Salt, that maintenance area may request the Department of
Administration (Admin) to cancel the Contractor's Contract award for the area. If Admin does
cancel the Contractor's award for that area, the next interested low responsive vendor will be
awarded the Contract for the affected delivery points. If there are any cost differences for
subsequent purchases (between the first and next interested low responder), the State will charge
the full increase in cost and handling, if any, to the defaulting Contractor. If product is ordered on
the open market and there is a cost difference between the actual price and the defaulting
Contractor’s price, the State will charge all actual costs, if any, to the defaulting Contractor.
3.4.7. All deductions will be made from payments due to the Contractor. If there is an outstanding balance due from the Contractor, and there are no open invoices available to make deductions from, the Contractor will issue a check to the customer for the balance due. The Contractor may be ineligible to receive awards on any future Solicitations until reimbursement and reconciliation has been completed for liquidated damages or other costs incurred by the State due to the Contractor’s non-performance.
If loads from a specific stockpile are being delivered to the Customer that consistently exceed moisture specification requirements, the Contractor will devise alternate testing methods at the Customer’s discretion.
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.H.
Department: Public Works/Sustainability – Jennifer Fierce
ITEM DESCRIPTION
Updated Sustainable Building Standard requirements for size threshold, all-electric
construction, and fast charging substitution.
REQUESTED ACTION
Approve modifications to the Sustainable Building Standard.
SUMMARY
The City Council adopted the Sustainable Building Standard (SBS) on September 5, 2023 and
was it was implemented on January 1, 2024. The purpose of the SBS is to reduce emissions
from new commercial and multi-family residential projects that seek financial or land use
incentives from the City. Projects receiving either of those incentives are required to meet a
third-party green buildings rating system certification standard (such as LEED, B3, etc.) as well
as incorporate city-specific requirements for renewable energy and EV charging.
The SBS currently applies to all new construction over 2,000 sf. The city made the size threshold
smaller than in neighboring cities (size thresholds range from 10,000 sf to 15,000 sf) to test the
market and show leadership in this area. However, over the last 15 months, multiple land use
proposals have been presented to the City for review. In each case, applicants have been
unable to meet the third-party rating system standards for certification, mainly because smaller
buildings have limited flexibility in how they can change their structural design. The SBS allows
the Sustainability Coordinator to modify the standards based on hardship, and two currently
pending projects have been granted a modification to remove the third-party certification
standard, with the potential of several more in 2025. City staff also consulted the program’s
technical assistance provider, LHB, who confirmed this would be an ongoing issue for the
foreseeable future. As such, staff recommends updating the size threshold in the SBS for new
construction from 2,000 sf to 10,000 sf.
Further adjustments were made to provide an option to encourage all electric (via geothermal
or air-source heat pump) design in lieu of utilizing a third-party rating system. Fuel switching
accounts for 8.6% of the city’s needed emissions reductions to meet the 2050 carbon-neutral
goal and is one of the hardest features to change after construction. Federal and state rebate
and tax credit programs have made electrification cost-competitive to install upfront, and new
utility rates for electric heating also make it affordable for the future occupant. Offering all-
electric design as an alternative will likely be attractive to developers due to the reduced
project costs without third-party certification fees but will still meet the city’s overall goals for
emissions reductions and decarbonization.
Lastly, the substitution ratio for fast chargers was increased to incentivize installation of fast
charging. Fast charging is becoming preferred by many EV drivers, and the increased costs of
the equipment justify a larger substitution ratio.
ATTACHMENTS
Revised Sustainable Building Standard
VISION AND PURPOSE
The Eden Prairie community is dedicated to building a sustainable environment where
current and future generations benefit from climate and community resiliency as reflected
in the City’s Climate Action Plan, which includes the goal of being a carbon neutral city by
2050. Since the built environment is a significant contributor to Eden Prairie’s carbon
footprint, it is important that new developments minimize emissions and environmental
impact during construction and operations. The Climate Action Plan has the established
following goals related specifically to development:
• 5% of new construction is net zero energy by 2030, 80% by 2040, 100% by
2050.
• 5% of electricity load met with on-site solar by 2025, 10% by 2030.
• 30% of passenger vehicles are EV by 2030, 50% by 2040, 100% by 2050.
For developments that seek City financial or zoning incentives, it is reasonable that they
meet set sustainability requirements in service to those goals. As such, the City of Eden
Prairie adopts the following Sustainable Building Standard.
DEFINITIONS
For the purposes of this Standard, the following words and phrases shall have the following
meanings:
1. “Coordinator” means the Sustainability Coordinator or their designee.
2. “Developer” means the entity, whether public or private, that undertakes New
Construction projects, and to whom the provisions of this Standard apply.
3. “EV-Capable” means the presence of electrical panel capacity with dedicated branch circuit
and a continuous raceway from the panel to the future electric vehicle parking spot.
4. “EV-Installed” means the presence of Level 2 electric vehicle charging stations.
5. “EV-Ready” means the presence of electrical panel capacity with dedicated branch circuit
and a continuous raceway with conduit terminating a junction box or 240-volt charging
outlet at the future electric vehicle parking spot.
6. “Level 2” electric vehicle charging capability is considered medium charging and means
chargers with voltage greater than 120 and includes 240.
7. “New Construction” means the planning, design, construction, and commissioning of a new
building 102,000 square feet or greater (gross), or an addition of at least 10,000 square
feet (gross) to an existing building if such addition requires installation of new mechanical,
ventilation, or cooling systems.
Sustainable Building Standard
8. “Solar-Ready” means designed and built to facilitate future installation of solar systems on
the building’s rooftop to significantly improve the economics of the investment as defined
by the selected Sustainable Building Rating System guidelines. For One-Family Residential,
or Multi-Family Residential with Two to Four Dwelling Units, use the ICC International
Residential Code (IRC) Solar-Ready Provisions for most recent version.
APPLICABILITY
This Standard applies to all New Construction projects as follows:
1. Public buildings owned or operated by the City of Eden Prairie or the HRA.
2. Private buildings rezoned with Planned Unit Development (PUD) District zoning.
a. Private buildings rezoned with PUD zoning that only request a density waiver
and no additional waivers are not subject to this Standard.
3. Private buildings receiving Financial Assistance.
a. Financial Assistance means funds for New Construction projects provided by
agreement from the City of Eden Prairie or HRA, including:
i. Tax Increment Financing (TIF)
ii. Conduit Bonds
iii. Met Council LCA
iv. Hennepin County Grants
v. Other funds that are available to the City of Eden Prairie and HRA
4. All other private development is not subject to the Sustainable Building Standard.
STANDARD REQUIREMENTS
For Multi-Family Residential (5 or More Dwelling Units), Office, Commercial, Town Center,
Transit Oriented Development, Mixed Use, Flex Service, or Industrial Developments
New Construction projects to which this standard applies are required to:
1. Either be certified under an eligible Sustainable Building Rating System OR utilize
all-electric building design with no fossil fuels.
a. Eligible Sustainable Building Rating Systems (must use most current iteration
available at time of development application) include the following:
i. LEED Building Design and Construction (LEED BD+C) or LEED
Residential BD+C Multifamily. Certified Silver, Gold, or Platinum.
ii. State of Minnesota B3 Guidelines. Certified Complaint. Projects with
<20,000 gross square feet can utilize B3 Small Buildings Method
where applicable.
iii. Enterprise Green Communities (with MN Housing Overlay where
applicable). Certification or Certification Plus Level.
iv. Equivalent rating system with prior approval from the Coordinator.
b. If utilizing all-electric building design pathway, heating systems shall use
either ground or air source heat pumps and no systems in the building shall
use fossil fuels, as verified by the construction documents. Exemptions may
be granted for the use of natural gas in backup systems; however, applicant
must provide documentation showing an offset of an equivalent amount of
carbon emissions from on or offsite sources.
2. Meet the requirements of the Eden Prairie Overlay, which are specific measurable
standards that New Construction projects must include regardless of pathway
used in section one. The Eden Prairie Overlay requires:
a. Building greenhouse gas emission predictions
i. Calculated and reported, using an agreed upon methodology.
b. Electric vehicle charging capability
i. The percentage of parking spaces required at each level of capability
based on the type of development are as follows:
Type of Land Use EV-Installed (Fully
Operational Day 1)
EV-Ready EV-Capable
Multi-Family Residential *^ 5% 20% 20%
Commercial* 1% 2% 2%
Office/Industrial* 2% 5% 5%
* Allow substitution of 205 Level 2 Chargers with 1 direct current fast charger installation.
*Minimum of one EV-Installed space shall be accessible.
^Nursing homes, assisted living, memory care, or convalescent care must install 1 accessible
electric vehicle charger for visitor/staff use but are otherwise exempt.
c. Renewable energy
i. At a minimum, project must meet Solar-Ready standard as defined by
the selected rating system.
ii. Conduct an economic and technical evaluation of providing 5% of
building energy load with on-site renewables.
iii. Install if cost-effective using a simple payback of 15 years. Cost
calculations must be shared with Coordinator if exceeds 15-year
simple payback.
For One-Family Residential, or Multi-Family Residential with Two to Four Dwelling Units
1. New Construction projects to which this standard applies are required to 1) install
one EV-Ready parking space per dwelling unit, and 2) build roof to meet Solar-Ready
guidelines.
COMPLIANCE
1. For any projects to which this Standard applies, compliance must be a condition of
the receipt of Financial Assistance and/or Planned Unit Development approval.
2. Buildings will not advance to the next stage of construction or operation, including
necessary permit issuance, without demonstrated ongoing compliance with this
Standard.
3. The requirements of this Standard may be modified by the Coordinator only for
reasons of hardship. Hardship includes the inability to physically achieve the
standard due to circumstances unique to the property. Economic reasons alone do
not constitute a hardship. Approved modifications must result in the project
remaining in harmony with the intent of the Sustainable Building Standard to the
maximum extent practicable. Maximum extent practicable means the highest level
of efficacy that can be achieved considering the effectiveness, engineering feasibility,
commercial availability, safety, and cost of the measures. Decisions on modification
of the Standard by the Coordinator may be appealed to the City Council. This
Standard may be amended or discontinued without prior notice.
Approved by the City Council on September 19, 2023
Updated by the City Council on April 15, 2025
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Agenda
Item Number: VII.I.
Department: Public Works/Utilities Division - Rick Wahlen, Utilities Manager
ITEM DESCRIPTION
Approve Construction Contract with HydroCorp, LLC., for the Removal and Reinstallation of
New Cellular AMI Water Meters at Commercial and Multi-Family Residential Properties.
REQUESTED ACTION
Move to: Accept the Base Bid and all Alternates and Approve Construction Contract with
HydroCorp, LLC., in the amount of $245,046 for the Removal and Reinstallation of New Cellular
AMI Water Meters at Commercial and Multi-Family Residential Properties.
SUMMARY
Synopsis
Eden Prairie Utilities advertised for bids for the installation of water meter systems for the
commercial property phase of the City’s water meter upgrade plan. The specifications and
request for proposal were distributed nationally for competing bids. Bids were opened on April
4, 2025. HydroCorp, LLC., of Troy, Michigan provided the singular bid that met 100% of the
evaluation criteria at a price that was less than the estimated meter Installation cost of
$250,000. HydroCorp is the same company which performed the work for the previous
residential phase of the project. Staff recommends acceptance of the bid.
Background Information
Following the installation of approximately 17,650 water meters during the City’s residential
phase of the project, specifications were published for the remainder of the project. This
contract is for replacement of approximately 1,470 metering systems, the inspection of
commercial kitchen grease traps to better maintain our sanitary sewer system, and the tracking
of inspectable backflow prevention devices at all commercial property locations.
This project is included in the water utility Capital Improvement Plan and will be funded from
the water utility enterprise fund.
ATTACHMENTS
Attachment 1 - Contract
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this day of 20__, by and between City of
Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and
___________________, a _____________ hereinafter referred to as the
"CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I.CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C._______________________________________________________________
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 $_________________.
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 shall be executed in one (1) copy.
(signature pages follow)
C-2
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.J.
Department: Public Works/Utilities Division - Rick Wahlen, Utilities Manager
ITEM DESCRIPTION
Approve Contract with Metering Technology Solutions, Inc. for New Cellular AMI Water Meters.
REQUESTED ACTION
Move to: Approve Contract with Metering Technology Solutions, Inc. in the amount of
$1,707,151.50 for New Cellular AMI Water Meters.
SUMMARY
Synopsis
Eden Prairie Utilities advertised for bids for the supply of water meters and associated
component parts for the commercial property phase of the City’s water meter upgrade plan.
Bids were opened on April 4, 2025. One bid was received from Metering Technology Solutions,
Inc., the same company which provided the meter systems for the residential phase of the
City’s upgrade project.
Two construction project advertising companies distributed the project specifications nationally
for competing bids. Metering Technology Solutions of Eagan, Minnesota provided the singular
bid for a system that met 100% of the evaluation criteria at a price that was less than the
estimated meter acquisition cost of $1.8 million. Staff recommends acceptance of the bid.
Background Information
Following the installation of approximately 17,650 water meters during the City’s residential
phase of the project, specifications for both the material and the installation effort were
published for the remainder of the City’s water meter systems. This contract is for the supply
of the water meter components for approximately 1,470 metering systems to be installed by a
separate firm.
This purchase of these water meter systems was planned-for and included in the water utility
Capital Improvement Plan and will be funded from the water utility enterprise fund. The
monthly service fees will be paid from the utility operating budget.
ATTACHMENTS
Attachment 1 - Contract
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this day of 20__, by and between City of
Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and
___________________, a _____________ hereinafter referred to as the
"CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I.CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C._______________________________________________________________
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 $_________________.
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 shall be executed in one (1) copy.
(signature pages follow)
C-2
_____________________________
______________________________
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________,
20___, by _________________________and _____________________, respectively the Mayor
and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
Notary Public
CONTRACTOR
By: __________________________________
Printed Name: _________________________
Its: _______________________________
Title
C-3
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.K.
Department: Public Works/ Engineering – Ashton Kogel
ITEM DESCRIPTION
I.C. 25802 – 2025: Award Contract for the 2025 Surface Seal Project to Corrective Asphalt
Materials, LLC.
REQUESTED ACTION
Move to: Award the contract for the 2025 Surface Seal Project to Corrective Asphalt Materials,
LLC in the amount of $306,889.00
SUMMARY
Street sealcoating is an annual street maintenance project. The surface seal project this year
will consist of applying a maltene based rejuvenating agent to the street. Placing the
rejuvenating agent on newer pavement surfaces replenishes the maltenes in the asphalt street
that are lost over time. This should lead to the reduction of raveling, pitting, cracks, potholes,
and other signs of ageing and delay the need for overlays and ultimately extend the life of the
pavement.
The actual project costs will be taken from the CIP Pavement Management Fund.
Bids were received on Thursday, April 3rd, 2025 for the 2025 Surface Seal Project. One bid was
received as tabulated below:
Corrective Asphalt Materials, LLC $306,889.00
ATTACHMENTS
Construction Contract Agreement
4/2025
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Corrective Asphalt Materials, LLC, 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: I.C. 25802 – 2025 Surface Seal 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 $306,889.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.L.
Department: Public Works/ Engineering – Ashton Kogel
ITEM DESCRIPTION
I.C. 25801 – 2025: Award Contract for the 2025 Pavement Rehab Project to Bituminous
Roadways, Inc.
REQUESTED ACTION
Move to: Award the contract for the 2025 Pavement Rehab Project to Bituminous Roadways,
Inc. in the amount of $3,989,232.50
SUMMARY
The Bituminous Pavement Rehab Project is an annual street maintenance project that includes
mill and overlays, underseals and reclamation projects. These projects are done to avoid full
reconstruction projects which are much more costly and intrusive. The majority of funding is
generated from the Pavement Management CIP. The Pavement Management CIP is funded
through franchise fees collected from CenterPoint Energy, Xcel Energy and Minnesota Valley
Electric collecting monies annually for pavement maintenance. Other payment sources come
from State Aid funding. The pavement maintenance CIP fund also finances seal coating and
other pavement improvement projects.
Sealed bids were received on Thursday, April 3rd, 2025 for the 2025 Pavement Rehab Project.
Six (6) bids were received as tabulated below. The low bid in the amount of $3,989,232.50 was
submitted by Bituminous Roadways, Inc. Staff has reviewed the bids and recommends
awarding the contract for the project to Bituminous Roadways, Inc. in the amount of
$3,989,232.50.
Bid Summary:
Bituminous Roadways, Inc. $3,989,232.50
GMH Asphalt Corporation $4,112,398.00
Park Construction Company $4,589.682.50
SM Hentges & Sons, Inc. $4,618,755.00
OMG Midwest Inc. $4,684,270.00
Asphalt Surface Technologies Corp. $5,021,020.00
ATTACHMENTS
Construction Contract Agreement
4/2025
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Bituminous Roadways, Inc, hereinafter referred to as the “CONTRACTOR.” WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for:
I.C. 25801 – 2025 Pavement Rehab 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 $3,989,232.50. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents a. Advertisement for Bids
b. Instruction to Bidders
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 15, 2025
Section: Consent Calendar
Item Number: VII.M.
Department: Public Works/Engineering/Molly Swanson
ITEM DESCRIPTION
I.C. 25827: Approve Professional Services Agreement for Pavement Evaluation Services from
GoodPointe Technology.
REQUESTED ACTION
Move to: Approve Professional Services Agreement for pavement evaluation services from
GoodPointe Technology in the estimated amount of $64,950.00.
SUMMARY
As part of our pavement management system, periodic evaluations or condition rating surveys
are necessary to effectively manage our city street network. Historically, we have performed
these surveys on a three-year cycle on our entire street network (currently estimated at 248
miles). Our last survey was completed in 2022 by GoodPointe Technology (our Pavement
Management Consultant). The cost for these services will be financed by our Pavement
Management Fund.
ATTACHMENTS
Attachment 1: Standard Agreement for Professional Services – GoodPointe Technology
Attachment 2: Exhibit A – GoodPointe Technology Proposal for Roadway Pavement Evaluation
Services
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.N.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Fire Suppression for Police Department & City Office Renovation
REQUESTED ACTION
Move to: Authorize the City Manager and Mayor to sign a contract with Summit Fire Protection
Co. in the amount of $533,000.00
SUMMARY
As part of the Eden Prairie Police Department & City Office renovation project, a rebid was
conducted for the fire suppression scope of work. The rebid was held on March 25, 2025, and
bids were reviewed by Kraus-Anderson Construction, acting as the City’s construction manager.
Three bids were received. Gilbert Mechanical submitted the lowest bid at $316,405.00,
however their proposal was determined to be incomplete and lacking several required
elements. Following review, Kraus Anderson and City staff made the decision to proceed with
the next lowest responsible bidder.
Summit Fire Protection Co., based in St. Paul, MN, submitted a complete and responsive
proposal with a bid of $533,000.00. This contract covers the installation and replacement of fire
suppression systems throughout the renovated facility. Staff recommends awarding the
contract to Summit Fire Protection Co.
ATTACHMENTS
Fire Suppression Recommendation Letter
Kraus-Anderson Construction Company
501 South Eighth Street, Minneapolis, MN 55404
Office 612-332-7281 | www.krausanderson.com | Fax 612-332-0217
Building enduring relationships and strong communities
04/07/25
City of Eden Prairie
8080 Mitchell RoadEden Prairie, MN 55344
RE:Eden Prairie Police Department Renovation –Fire Suppression Rebid
Dear Mr. Clark,
This letter is concerning the contract awards for the City of Eden Prairie –Police Department Renovation –Fire Suppression Rebid project that was bid on March 25, 2025. Kraus-Anderson has verified bidders and we submit the following lowest responsible bidders and their bid amount.
Work Scope Contractor, City, State Bid Amount
WS 21-A FIRE
SUPPRESSION
Summit Fire Protection Co.
575 West Minnehaha AvenueSt.Paul, MN 55103
BASE BID $533,000.00
Total: $533,000.00
We have enclosed the Bid Tabulation sheets that reflect the bids received.
If you have any questions regarding this information, please do not hesitate to contact me at 763-453-5972
Very truly yours,KRAUS-ANDERSON®CONSTRUCTION COMPANY
Dan KjellbergProject Manager II
Cc: Ken Francois –Kraus Anderson ConstructionMichael Healy –BKV Group, Inc.
KRAUS-ANDERSON
DKjllb
BID TABULATIONSMarch 25 2025 - 2pmOWNER: City of Eden PrairieARCHITECT: BKV GroupWORK SCOPE 21-A - FIRE PROTECTION BIDDERBIDDERBIDDERBIDDERBIDDERBIDDERGILBERT MECHANICAL CONTRACTORSSUMMIT FIRE PROTECTIONNASSEFF MECHANICAL CONTRACTORSBID SECURITYYYYADDENDA REC'D.111BASE BID$316,405.00 $533,000.00 $839,800.00COMBINED BASE BIDEDEN PRAIRIE POLICE DEPARTMENTRENOVATIONS
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.O.
Department: Information Technology
ITEM DESCRIPTION
Upgrade Liquor Store POS Registers.
REQUESTED ACTION
Move to: Replace and upgrade all POS (Point of Sale) registers at liquor stores 1, 2 and 3 for a
total cost of $29,400
SUMMARY
Counterpoint Point of Sale system was implemented in early 2014. Registers used at liquor
stores were replaced in 2020 with a 5 year warranty, which will end in 2025. The new registers
will provide upgraded functionality on a Windows 11 platform with updated security and better
reliability. Hardware upgrade is required for future software upgrades to Counterpoint.
POS Registers upgrade is an approved CIP project. New registers have a standard 1 yr. warranty.
The quote includes additional 4-year warranty for a total of 5-year warranty.
ATTACHMENTS
Quote from Dailey Data for POS registers with additional 5-year warranty.
Quote
Quote expiresApril 13, 2025 12:00 am
To:CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
ATTN: ACCOUNTS PAYABLE
EDEN PRAIRIE, MN 55344-4485
DAILEY DATA &
ASSOCIATES, INC.
12805 HIGHWAY 55
SUITE 115
PLYMOUTH, MN 55441
(763) 253-0481
Ship To:
Invoice Nbr:500368
03/14/2025Invoice Date:
Due Date: Upon Receipt
Customer #:EDEN OTHER
Ext prcPriceDescriptionItemQtyDate
7772-5516-0003 CX7ii 15.6", PCAP, i5, 8GB 2,460.00 24,600.00 10.00
HW WARRANTY Warranty Renewal - NBD Part Only 4 years 120.00 4,800.00 40.003/14/25
Subtotal:Total line items: 2 29,400.00
Tax: 0.00
Total: 29,400.00
All Payments are Due Upon Receipt.
Thank-You for your prompt payment.
1.5% Finance Charge will be applied
to all balances over 30 Days past due.
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.P.
Department: Information Technology
ITEM DESCRIPTION
Enterprise agreement and renewal of Microsoft licenses (Office 365, SQL Server, Windows Data
Center, Windows 11 Enterprise) through State contract.
REQUESTED ACTION
Move to: Approve Enterprise Agreement and Authorize renewal of Microsoft Licenses purchase
through SHI.
SUMMARY
This is a renewal for a 3-year contract, originally entered in 2004 and last renewed in April of
2022. The contract includes annual payments, price protection for the duration of the 3-year
term, and Software Assurance. The current agreement expires April 30, 2025.
Pricing received from SHI is through the Minnesota State Contract 48196. The City is enrolled as
an affiliate of the State of Minnesota under master agreement number 01E61724 and thus
receives the deepest discount on this agreement.
Annual investment will be $205,131.86. This enterprise agreement is inclusive of the following:
• M365 G5, G3 and F3 licenses for 582 users.
• Windows 11 Enterprise license for 545 workstations
• Enterprise Mobility & Security (includes Azure AD Premium, InTune)
• 13 SQL user CALs
• 18 SQL server (2 core) licenses
• Windows Server Datacenter licenses (96)
• Windows Server Standard Core (16)
• Office Pro Plus for shared workstations (150)
The payments will be split over the next three years as follows.
Year 1: $205,131.86
Year 2: $205,131.86
Year 3: $205,131.86
ATTACHMENTS
• Enterprise Enrollment (Indirect)
• Amendment M97
• Product Selection Form
• Previous Enrollment Agreement
• Signature Form
• SHI Quote (annual)
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020)Page 1 of 2Document X20-12883
Program Signature Form
MBA/MBSA number AMD000435067
Agreement number 5603385
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the
associated active number be indicated here, or listed below as new.
Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect)X20-10636
Enterprise Amendment M97 (New)
Product Selection Form 2986673.003_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Eden Prairie
Signature* {{SIGCU6signature_es_:signer1:signature}}
Printed First and Last Name* {{SIGCU3customerprintedfirstandlastname_es_:signer1:fullname}}
Printed Title {{SIGCU4printedtitle_es_:signer1:title}}
Signature Date* {{SIGCU5_es_:signer1:date}}
Tax ID
* indicates required field
Ronald A Case
Mayor
04/15/2025
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883
Microsoft Affiliate
Microsoft Corporation
Signature {{SIGROC1signature_es_:signer5:signature}}
Printed First and Last Name {{SIGROC1Microsoftprintedfirstandlastname_es_:signer5:fullname}}
Printed Title {{SIGROC2printedtitle_es_:signer5:title}}
Signature Date {{SIGMAM3_es_:signer5:date}}
(date Microsoft Affiliate countersigns)
Agreement Effective Date
{{*SIGMAM4_es_:signer5:isdate(format="mmm-dd-yyyy")}}
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature* {{SIG2C5signature_es_:signer2:signature}}
Printed First and Last Name* {{SIG2C2customerprintedfirstandlastname_es_:signer2:fullname}}
Printed Title {{SIG2C3printedtitle_es_:signer2:title}}
Signature Date* {{SIG2C4_es_:signer2:date}}
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the
appropriate form(s) with this signature form.
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
City of Eden Prairie
Rick Getschow
City Manager
04/15/2025
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 1 of 10
Document X20-10636
Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete)62707071 Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete)80447035
This Enrollment must be attached to a signature form to be valid.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) any
Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may
be required, and (6) any order submitted under this Enrollment. This Enrollment may only be entered into
under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to
be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of
any conflict the terms of this Agreement control.
Effective date.If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft.
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject
to Government regulations for which Customer determines and Microsoft agrees that the use of
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 2 of 10
Document X20-10636
Community Cloud Service.
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
ires.
Government.
capacity.
-tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
deployed configuration as a general purpose personal computing device (such as a personal computer), a
multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task-specific software program (e.g. a computer-aided design program used by an architect or
Microsoft software or third-party software. If the device performs desktop functions (such as email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
de any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
aff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
n entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
-ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 3 of 10
Document X20-10636
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of gover
federally recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
s of service for each
Product and version published for that licensing program at the Volume Licensing Site and updated from
time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the
Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product.
http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements.
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products.Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the
Reseller based on those terms. Throughout this Agre
price. Resellers and other third parties do not have authority to bind or impose any obligation
or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 4 of 10
Document X20-10636
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be ordered
prior to use, unless the Online Services are (1) identified as eligible for true-up in the
Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i) Enterprise Products.For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true-up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1)For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if
ordering user-based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count.
2)For Enterprise Online Services in a given Product pool that are not a part of an
Enterprise-wide purchase, Licenses can be reduced as long as (a) the initial order
minimum requirements are maintained and (b) all then-active users of each Online
Service are included the total quantity of Licenses remaining after the reduction. An
Enrolled Affiliate may reduce Licenses for Online Services on or before the Enrollment
anniversary date and place a reservation order for such licenses within 90 days after
the anniversary date; however, any licenses ordered as described in this section will
be invoiced to the Enrolled Affiliate for the time period the licenses were made
available.
3)For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 5 of 10
Document X20-10636
Products. This update statement must be signed by Enrolled Affiliat
representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
may submit true-up orders more often to account for increases in Product usage, but an
annual true-up order or update statement must still be submitted during the annual order
period.
(vii)Late true-up order. If the true-up order or update statement is not received when due,
Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i)For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii)If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
dditional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. all
b. Setting Prices. Unless otherwise expressly agreed to by the parties and except for Online
Services designated in the Product Terms as being exempt from fixed pricing, Enrolled
As long as
for each Product or Service ordered will be fixed throughout the applicable initial or renewal
to Resellers are reestablished at the beginning of the
renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled
installments.
remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent
orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront
for Online Services and upfront for all other Licenses.
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 6 of 10
Document X20-10636
5. End of Enrollment term and termination.
a. General.At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwise
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance.If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term option that allows Online Services
to continue month-to-
Term, Online Services will be invoiced monthly at the then-current published price as
of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled
Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft
at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term.At any time during the first twelve months of
the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting
a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may
condition the continued use of each Online Service on the acceptance of new terms
by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at
least 60 days before any such changes take effect. Enrolled Affiliate acknowledges
and agrees that after the notice described in this section, its continued use of each
Online Service after the effective date provided in the notice will constitute its
acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it
must stop using the Online Services and terminate the Extended Term as provided in
section will be effective at the
end of the month following 30 days after Microsoft has received the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
section of the Agreement. In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any e
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 7 of 10
Document X20-10636
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity that
is not a member of the Community or to provide services to non-Community members is strictly
Community Cloud Services without notice. Enrolled Affiliate acknowledges that only
Community members may use Government Community Cloud Services.
b.All terms and conditions applicable to non-Government Community Cloud Services also apply
to their corresponding Government Community Cloud Services, except as otherwise noted in
the Use Rights, Product Terms, and this Enrollment.
c.Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i)Government Community Cloud Services will be offered only within the United States.
(ii)Additional European Terms, as set forth in the Use Rights, will not apply.
(iii)References to geographic areas in the Use Rights with respect to the location of Customer
Data at rest, as set forth in the Use Rights, refer only to the United States.
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 8 of 10
Document X20-10636
Enrollment Details
1.
Identify which Agency Affiliates are included
must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not
partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this
section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If
more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and the following Affiliate(s):
Unless specifically identified above, all Affiliates of Customer, either existing at the execution of this
Enrollment or created or acquired after the execution of this Enrollment, will be excluded from the
identify an Affiliate to Microsoft in writing and provide any required documentation. Microsoft will reasonably
review requests under this paragraph and may approve the inclusion of an Affiliate in Customer s Enterprise
in its sole discretion.
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)*City of Eden Prairie
Contact name: First*Aditi Middle Last*Salunke
Contact email address*asalunke@edenprairie.org
Street address*8080 Mitchell Rd.
City*Eden Prairie
State*MN
Postal code*55344-2203 -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country*United States
Phone*952-949-8520
Tax ID
* indicates required fields
b. Notices contact and Online Administrator.This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies,
including adding or reassigning Licenses and stepping-up prior to a true-up order.
Same as primary contact (default if no information is provided below, even if the box is not
checked).
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 9 of 10
Document X20-10636
Contact name: First*Aditi Middle Last*Salunke
Contact email address*asalunke@edenprairie.org
Street address*8080 Mitchell Rd.
City*Eden Prairie
State*MN
Postal code*55344-2203 -
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country*United States
Phone*952-949-8520
Language preference. Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and
step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided
below, even if box is not checked)
Contact name: First*Aditi Middle Last*Salunke
Contact email address* asalunke@edenprairie.org
Phone* 952-949-8520
This contact is from a third party organization (not the entity). Warning: This contact
receives personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SHI International Corp.
Street address (PO boxes will not be accepted)* 290 Davidson Ave.
City* Somerset
State* NJ
Postal code* 08873-4145
Country* United States
Contact name* Kimara. Lindsay
Phone* 888-764-8888
Contact email address* msteam_@SHI.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*Kimara. Lindsay
Printed name* Kimara. Lindsay
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
EA20241EnrGov(US)SLG(ENG)(Oct2023)Page 10 of 10
Document X20-10636
e.If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i)Additional notices contact
(ii)Software Assurance manager
(iii)Subscriptions manager
(iv)Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
PrevEnrAgrForm(WW)(ENG)(Oct2019)Page 1 of 1Document X20-12873
Previous Enrollment(s)/Agreement(s) Form
Entity Name: City of Eden Prairie
Contract that this form is attached to: State Local Government
entity
Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a.Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either
properly licensed under the new contract or is removed.
b.Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c.An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d.The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e.Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Description
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
Standard Enrollment 80447035
VL Central Amendments M97 Blue
Page 1 of 2
Amendment to Contract Documents
Enrollment Number AMD000435067
signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined
in this Amendment will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate is a fixed price based on an estimated order submission date.
Microsoft will invoice Enrolled Affiliate based on this fixed price quote. If this order is submitted later
than the estimated order submission date, Enrolled Affiliate will be charged for net new Monthly
Subscriptions (including Online Services) for the period during which these services were not provided.
For Indirect models, Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled
SKU Number SKU Description Existing Quantity Incremental
quantities
AAD-34704 M365 E3 GCC Unified
ShrdSvr Per User 290 0
AAL-45735 M365 G5 GCC Sub Per
User 0 2
AAD-63092 M365 F3 GCC Unified
ShrdSvr PerUsr 285 17
1O5-00001
Power Automate
Premium GCC Sub Per
User
1 0
DDJ-00001 Power BI Pro GCC Sub
Per User 1 0
NYH-00001 Teams AC with Dial Out
US/CA GCC Sub Add-on 545 47
EP2-24658 M365 Copiolot GCC Sub
Add-on 0 2
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains
unchanged and in full force and effect. If there is any conflict between any provision in this Amendment
and any provision in the Enrollment or Agreement identified above, this Amendment shall control.
Microsoft Internal Use Only:
This Amendment must be attached to a signature form to be valid.
VL Central Amendments M97 Blue
Page 2 of 2
"(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)
(WW)(ENG)(Dec2024)(IU).docx"
M97 Blue
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing
Language:
Qualified Devices Qualified Users
438 292
292 292
English (United States)
Profile
Enterprise User Licenses
CAL Licensing ModelDevice / User Ratio
1.5
Price Group 1 2 3 4
Proposal ID
2986673.003
Enrollment Number
Products Enterprise Quantity
Quantity
Office Professional Plus
Enterprise Products Office Professional Plus + M365 Apps
for Enterprise + Office 365 (Plans E3
and E5) + Microsoft 365 Enterprise
Client Access
License + Office
365 (Plans E1, E3
and E5) + Microsoft
365 Enterprise
Client Access
License + Windows
Intune + EMS USL
+ Microsoft 365
Enterprise
Win E3 + Win E5 +
Win VDA +
Microsoft 365
Enterprise
Office Professional Plus
M365 G5 GCC
M365 G3 GCC USL Unified
146
2
290
Microsoft 365 Enterprise
438 292
EA-EASProdSelForm(WW)(ENG)
Page 1 of 2
MS Quote
Enterprise Enrollment Product Selection Form Microsoft | Volume Licensing
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents,
Price level set using the highest quantity from Groups 1 through 4.D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using
quantity from Group 1.D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be
purchased.
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the
highest quantity from Group 2 or 3.D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using
quantity from Group 4.D
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price
Entity Addendum pricing provision for more details on price leveling.
Notes
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based
upon the quantity to price level mapping below:
Quantity of Licenses and Software Assurance Price Level
2,399 and below A
EA-EASProdSelForm(WW)(ENG)
Page 2 of 2
MS Quote
Pricing Proposal
Quotation #: 25289553
Reference #: EA 80447035 - Renewal
Created On: 9/10/2024
Valid Until: 4/30/2025
MN-City of Eden Prairie Inside Account Manager
Aditi Salunke
8080 MITCHELL ROAD
ATTN: ACCOUNTS PAYABLE
EDEN PRAIRIE, MN 55344
United States
Phone: 952-949-8520
Fax:
Email:asalunke@edenprairie.org
Alex Chrysanthopoulos
SHI
290 Davidson Ave
Somerset, NJ 08873
Phone: 7326672779
Fax:
Email:alex_chrysanthopoulos@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 M365 G3 Unified FUSL GCC Sub Per User
Microsoft - Part#: AAD-34704
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
290 $396.00 $114,840.00
2 M365 F3 Unified GCC Sub Per User
Microsoft - Part#: AAD-63092
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
302 $85.38 $25,784.76
3 Power Automate Premium GCC Sub Per User
Microsoft - Part#: 1O5-00001
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
1 $165.00 $165.00
4 Power BI Pro GCC Sub Per User
Microsoft - Part#: DDJ-00001
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
1 $93.38 $93.38
5 Teams AC with Dial Out US/CA GCC Sub Add-on
Microsoft - Part#: NYH-00001
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
592 $0.00 $0.00
6 SQL CAL ALng SA Device CAL
Microsoft - Part#: 359-00792
4 $38.62 $154.48
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
7 SQL CAL ALng SA User CAL
Microsoft - Part#: 359-00961
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
13 $38.62 $502.06
8 SQL Server Standard ALng SA
Microsoft - Part#: 228-04433
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
5 $166.12 $830.60
9 SQL Server Standard Core ALng SA 2L
Microsoft - Part#: 7NQ-00292
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
18 $663.50 $11,943.00
10 Win Server DC Core ALng SA 2L
Microsoft - Part#: 9EA-00278
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
96 $142.50 $13,680.00
11 Win Server Standard Core ALng SA 2L
Microsoft - Part#: 9EM-00270
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
16 $21.88 $350.08
12 Office Professional Plus ALng LSA
Microsoft - Part#: 269-05623
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
146 $238.25 $34,784.50
13 M365 G5 GCC Sub Per User
Microsoft - Part#: AAL-45735
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
2 $627.00 $1,254.00
14 M365 Copilot GCC Sub Add-on
Microsoft - Part#: EP2-24658
Contract Name: OMNIA Partners - IT Solutions
Contract #: 2018011-02
Coverage Term: 5/1/2025 – 4/30/2026
Note: Year 1 of 3
2 $375.00 $750.00
Subtotal $205,131.86
Total $205,131.86
Additional Comments
Due to the potential impact of any current or future tariffs, the price and availability of hardware items on this quote may be subject
to change.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman
Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.Q.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Special Inspections and Testing Services – Police Department & City Center Renovation
REQUESTED ACTION
Move to: Approve the proposal from Braun Intertec Corporation for special inspections and
materials testing services for the estimated amount of $86,427, billed on a time and materials
basis.
SUMMARY
As part of the Eden Prairie Police Department & City Center Renovation Project, third-party
special inspections and materials testing are required by the Minnesota State Building Code.
These services include inspections related to soils, concrete, masonry, structural steel,
pavement, firestopping, and building envelope systems.
Two quotes were solicited for these services. Braun Intertec submitted the lower of the two
proposals and is currently under contract for storm shelter-related testing. Their familiarity with
the site and design team adds value through continuity and efficiency.
Their proposal includes:
• Phase 1: Construction and Materials Testing – $68,873
• Phase 2: Building Enclosure Consulting, Observations and Testing – $13,974
• Phase 3 (Alternate): Retaining Wall Testing and Inspections – $3,580
• Total Estimated Cost: $86,427
This proposal is based on a time and materials contract. The City will be billed according to
actual hours and unit pricing.
Funding for these services is included in the approved construction budget for the Police
Department Renovation Project.
ATTACHMENTS
Agreement for Professional Services with Bruan
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.R.
Department: Parks and Recreation
ITEM DESCRIPTION
Enter into a contract with Tree Trust to facilitate our annual Arbor Day Tree Sale for 500 trees
not to exceed $69,833.99.
REQUESTED ACTION
Move to: Authorize Entering into a Contract for Goods and Services with Tree Trust for
facilitating the Arbor Day Tree Sale at an amount not to exceed $69,833.99.
SUMMARY
The City has been using Tree Trust to facilitate our annual Arbor Day Tree Sale for the last five
years. Each year, Tree Trust has been able to coordinate the purchase and sale of trees for this
extremely popular event to Eden Prairie residents. The event has been so popular, staff are now
proposing to increase the number of trees available for purchase from 400 to 500 trees.
Providing residents with 18 options made up of primarily climate-ready native species. The goal
is to provide residents with a diversity of species to aid in creating a more disease resistant
urban forest.
ATTACHMENTS
Contract for Goods and Services – Tree Trust
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 15th day of April, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Tree Trust, a Minnesota organization (hereinafter "Vendor") whose business
address is 1419 Energy Park Drive St. Paul, MN 55108.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or
services by Vendor for a 2025 Tree Sale hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform, and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or
completed by June 1, 2025.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $69,833.99 with
total payments not to exceed $69,833.99 as full and complete payment for the goods, labor,
materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated Noah DeVlaminck to perform the Work. They shall be
assisted by other staff members as necessary to facilitate the completion of the Work in
accordance with the terms established herein. Vendor may not remove or replace the
designated staff without the approval of the City.
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
2025 Tree Sale Contract Page 2 of 7
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City.
b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance
of Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive
automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees
and hold them harmless from and against all judgments, claims, damages, costs and
expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for
which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Vendor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Vendor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination
under this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
2025 Tree Sale Contract Page 3 of 7
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall
abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of
this Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case.
20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights
or remedies of the City under this Contract.
21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
2025 Tree Sale Contract Page 4 of 7
provisions of this Contract shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Vendor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for
such work to incorporate such requirements in all subcontracts for program work. The
Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act,
Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the
Americans with Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change
its address for the service of notice by giving written notice of such change to the other
party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
26. Services Not Provided For. No claim for services furnished by the Vendor not specifically
provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Vendor or other parties relevant to this Contract are subject to
2025 Tree Sale Contract Page 5 of 7
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Vendor under this Contract which the City requests to be
kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Vendor in performing
any of the functions of the City during performance of this Contract is subject to the
requirements of the Data Practice Act and Vendor shall comply with those requirements
as if it were a government entity. All subcontracts entered into by Vendor in relation to
this Contract shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not
affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
2025 Tree Sale Contract Page 6 of 7
Exhibit A
2025 Tree Sale Specifications:
1. Grading Standards: Grading standards shall conform to the American Nursery and
Landscape Association as published in “American Standard for Nursery Stock” (ANSI
Z60.1-2014). No substitution of grade of tree shall be permitted without written
permission form the City.
2. Certificates and Documents: The Vendor shall meet and comply with all federal, state,
and local regulations and requirements involving the nursery stock provided to the City.
This includes obtaining inspection certificates, quarantine compliance documents, and
any special inspections that may be required. The Vendor shall be appropriately certified
or licensed in the State of Minnesota.
3. Tree Quality: Trees must meet the quality and condition standards set for in the
“American Standard for Nursery Stock” (ANSI Z60.1-2014).
4. The Vendor is to purchase trees in #7 or #10 containers for a total of 500 trees for Spring
Arbor Day Sale.
5. All species and any change in variety must be pre-approved by the City.
6. Upon the completion of all work, email, mail, or deliver invoices to:
Karli Wittner
Attn: Forestry Division
City of Eden Prairie Parks and Natural Resources
15150 Technology Dr., Eden Prairie, MN 55344
-Or-
kwittner@edenprairie.org
2025 Tree Sale Contract Page 7 of 7
7. The Vendor is responsible for all items listed below in the 2025 Tree Sale Budget:
2025 Tree Sale Budget
Revenue
Tree Revenue @ $45 per tree (500 Trees) $22,500.00
Expense
Materials
Tree Cost (500 Trees), Mulch, & Delivery $87,980.00
Staff Time
Project Management $3,036.72
Day of Facilitation $1,317.27
Contracting
Shopify Fees (2.9% + $0.30/transaction) Total City Cost $69,833.99
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.S.
Department: Parks and Recreation
ITEM DESCRIPTION
The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for the
past 30 + years. RES Pyro has been a part of that celebration for 17 years. The Parks and
Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2025,
for a fee of $25,000, for its traditional 20–22-minute show. A rain date of July 5th has been
established.
REQUESTED ACTION
Move to: Authorize entering into an Agreement with RES Pyro for the July 4th Fireworks
display in the amount of $25,000.
SUMMARY
In January of 2024, Parks and Recreation staff requested proposals for 2024 and 2025 from two
fireworks companies: RES Pyro and J&M Displays. After reviewing the proposals closely, staff
recommended RES Pyro. RES Pyro has always provided an outstanding firework display in Eden
Prairie. They have also worked well with Parks and Recreation and the Fire Department staff.
Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July
to view and enjoy the spectacular fireworks display shot off over the lake. An impressive
fireworks display adds tremendous value to the event, invoking a sense of community pride.
ATTACHMENTS
Standard Agreement for Professional Services
Standard Agreement for Professional Services
4th Fireworks
This Agreement (“Agreement”) is made on the fourth day of April, 2025, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and RES Pyro a Minnesota pyrotechnics company (hereinafter "Consultant")
whose business address is 21595 286th Street, Belle Plaine, MN 56011.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for Providing Fireworks and Pyrotechnic Operations for the 4th of July Celebration at
Round Lake Park hereinafter referred to as the "Work".
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (Fireworks Proposal) in connection with the Work. The terms of this Agreement
shall take precedence over any provisions of the Consultants proposal and/or general
conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City
reserves the right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from April 4, 2025 through July 5, 2025 the
date of signature by the parties notwithstanding. This Agreement may be extended upon
the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $25,000 for the 4th of July for the services as
described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Pyrotechnics for July 4th Fireworks Page 2 of 8
Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a
progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that
Pyrotechnics for July 4th Fireworks Page 3 of 8
this account, claim, or demand is just and correct and that no part of it has been paid.”
6. Project Manager and Staffing. The Consultant has designated ___Erv Haman__ to
serve on the Project. They shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the designated staff from the Project without the
approval of the City. Day-of pyrotechnic staff will be listed in the permit and insurance
documents, along with Operator Licenses as attachments.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that
could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language.
9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
Pyrotechnics for July 4th Fireworks Page 4 of 8
within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor
on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest
penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily 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
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cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
Pyrotechnics for July 4th Fireworks Page 6 of 8
o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Pyrotechnics for July 4th Fireworks Page 7 of 8
14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. 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. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
Pyrotechnics for July 4th Fireworks Page 8 of 8
20.Severability. The provisions of this Agreement are severable. If any portion hereof is,for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
21.Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relatingto the subject matter hereof as well as any previous agreements presently in effectbetween the parties relating to the subject matter hereof. Any alterations, amendments,deletions, or waivers of the provisions of this Agreement shall be valid only whenexpressed in writing and duly signed by the parties, unless otherwise provided herein.
22.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shallnot affect, in any respect, the validity of the remainder of this Agreement.
23.Governing Law. This Agreement shall be controlled by the laws of the State ofMinnesota.
24.Conflicts. No salaried officer or employee of the City and no member of the Council ofthe City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25.Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
_________________________________________
Its:
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Calendar
Item Number: VII.T.
Department: Fire Department
ITEM DESCRIPTION
Agreement to purchase Genisis Rescue tools from Clarey's Safety Equipment
REQUESTED ACTION
Approve Contract for Goods and Services with Clarey's Safety Equipment for three
sets of Rescue (Extrication) Tools.
SUMMARY
The Fire Department handles a wide range of recue calls. Extrication rescue tools are a
valuable tool in conducting rescues. Eden Prairie Fire Department (EPFD) is purchasing the
latest technology in battery powered rescue tools that will allow EPFD to preform rescues
remotely without hydraulic lines tethered to a fire truck. The new tools are more energy
efficient and promote clean energy use while enabling firefighters to preform rescues with
the latest cutting capabilities against the newest hardened steel in automobiles. The Fire
Department recommends accepting the quotation from Clarey's Safety Equipment for
$138,771.00. The list of equipment provided by Clarey's Safety Equipment is identified in
its quotation. Requested funding is from approved CIP (2023/2025) and within the
budgeted amount.
ATTACHMENTS
Quotation from Clarey's Safety and Equipment
Second quote Industrial Protection Services, LLC
Contract for Goods and Services
(rev. 6/2024)
Contract for Goods and Services
This Contract (“Contract”) is made on the 15th day of April, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Clarey’s Safety Equipment, a Minnesota Company (hereinafter “Vendor”) whose business address is 1725 Highway 14 East, Rochester, MN 55904.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for three sets of Genesis Rescue Tools hereinafter referred to as the “Work”. The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by August 2025. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $138,771 plus
shipping, with total payments not to exceed $142,000 as full and complete payment for the
goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
5. Staffing. The Vendor has designated Christopher Opelt to perform the Work. They shall be
assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both
personal injury and property damage. Vendor shall provide City with a Certificate of
Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken
or not performed or taken by Vendor, its agents, contractors and employees, relative to this
Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under
this provision if there is no fault of the Vendor, the Vendor shall be paid for services
rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Vendor an employee of the City.
Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in
all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the
Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this
Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by
Vendor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
VENDOR
Clarey’s Safety Equipment By: Christopher Opelt
Its: Vice-President
Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6
EXHIBIT A Quote/Proposal/Scope of Work
City Council Agenda Cover Memo
Date: Apr 15, 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 316839 – 317122
Wire Transfers 11260 – 11311
Purchasing Card 11265
ATTACHMENTS
Check Register
Check Summary
City of Eden Prairie
Council Check Summary
4/15/2025
Division Amount Division Amount
000 General Total 4,964 308 E-911 Total 170
100 City Manager Total -4,876 314 Special Investigations Total 56
101 Legislative Total 4,447 315 Economic Development Fund Total 20,814
102 Legal Counsel Total 1,111 509 CIP Fund Total 3,050
110 City Clerk Total 3,174 539 2020 Improvement Projects Total 311
111 Customer Service Total 4,415 543 Police Remodel Total 191,025
112 Human Resources Total 200 800 TIF-Eden Shores Senior Housing Total 4,240
113 Communications Total 10,600 Total Capital Projects Fund 219,665
114 Benefits & Training Total 4,608
131 Finance Total 1,238 601 Prairie Village Liquor Total 68,484
133 Planning Total 116 602 Den Road Liquor Total 141,157
136 Public Safety Communications Total 5,010 603 Prairie View Liquor Total 83,805
138 Community Development Admin. Total 58 605 Den Road Building Total 3,222
150 Park Administration Total 17 701 Water Enterprise Fund Total 99,316
151 Park Maintenance Total 34,141 702 Wastewater Enterprise Fund Total 813,128
154 Community Center Total 39,994 703 Stormwater Enterprise Fund Total 995
156 Youth Programs Total 2,553 Total Enterprise Fund 1,210,106
157 Special Events Total 1,885
158 Senior Center Total 1,067 802 494 Commuter Services Total 37,927
159 Recreation Administration Total 9,893 807 Benefits Fund Total 1,092,850
160 Therapeutic Recreation Total 691 809 Investment Fund Total 4,626
162 Arts Total 2,060 811 Property Insurance Total 1,780
163 Outdoor Center Total 467 812 Fleet Internal Service Total 108,949
168 Art Center Total 4,628 813 IT Internal Service Total 16,683
180 Police Sworn Total 83,313 814 Facilities Capital ISF Total 2,203
184 Fire Total 28,762 815 Facilities Operating ISF Total 45,339
186 Inspections Total 5,486 816 Facilities City Center ISF Total 36,418
200 Engineering Total 1,945 817 Facilities Comm. Center ISF Total 51,360
201 Street Maintenance Total 10,666 818 Dental Insurance Total 21,397
Total General Fund 262,633 820 Fencing Consortium Total 985
301 CDBG Total 1,208 Total Internal Svc/Agency Funds 1,420,516
321 Opioid Settlement Total 648
Total Special Revenue Fund 1,857 Report Total 3,114,776
City of Eden PrairieCouncil Check Register
4/15/2025
Check Amount Supplier/Explanation Account Description Business Unit Comments
317056 396,352 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Svc Fee May 2025
316912 396,352 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Svc Fee Apr 2025
11296(E)394,660 HEALTHPARTNERS Insurance Premiums Health and Benefits April 2025 Premiums
11264(E)319,891 UKG INC Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.21.25
11262(E)236,734 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.07.25
317015 178,125 FOBBE ELECTRIC INC OCS - Other Contracted Services Police Remodel Electrical Contract PD Remodel
11265(E)83,805 USB-PURCHASING CARD Various Various Funds
316914 45,952 MIDWAY FORD Autos Fleet - Park & Rec
316984 36,636 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
11261(E)36,487 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
11260(E)33,654 EMPOWER Deferred Compensation Health and Benefits
316867 33,454 CENTERPOINT ENERGY Gas Various Funds
317012 32,370 EXCEL LAWN & LANDSCAPE OCS - Snow Removal Various Funds
11309(E)32,136 CARD CONNECT Credit Card / Bank Fees Various Funds
316937 25,691 STREICHERS Training Supplies Police Sworn
317006 22,610 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
316903 22,039 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
317089 21,225 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
317034 20,964 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
316861 20,038 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
316934 19,889 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds
317055 19,359 METRO TRANSIT OCS - Other Contracted Services Economic Development Fund
11304(E)19,304 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card / Bank Fees Liquor Funds
11292(E)18,646 WEX Health Savings Account Health and Benefits
317098 18,567 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds
317017 16,219 GRAYMONT Chemicals Water Treatment
316942 15,814 TENNANT SALES AND SERVICE CO.Machinery & Equipment Fleet Operating
316953 15,335 WAYNES HOME SERVICES Window Washing Various Funds
11307(E)14,780 CHASE Credit Card / Bank Fees Various Funds
11271(E)14,496 PAYCHEX Wages & Benefits 494 Corridor Commission
316976 13,055 BADGER METER Telephone Water Metering
316853 13,053 BADGER METER Telephone Water Metering
316980 12,900 BKV GROUP OCS - Other Contracted Services Police Remodel
316962 10,600 DIGITAL ACCESSIBILITY BY WECO OCS - Other Contracted Services Communications
317061 10,480 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health and Benefits
316883 10,250 ETHICAL LEADERS IN ACTION LLC Conference/Training Police Sworn
317109 10,080 VAN PAPER COMPANY Cleaning Supplies Various Funds
316864 9,780 BREAKTHRU BEVERAGE MN WINE & SPIRITS
316852 8,920 AXON ENTERPRISE INC
316921 8,849 PHILLIPS WINE AND SPIRITS INC
11276(E)8,818 HEALTHPARTNERS
316966 8,583 ADVANCED ENGINEERING & ENVIROMENTAL SERV
316986 8,549 BREAKTHRU BEVERAGE MN WINE & SPIRITS
316865 8,463 CAPITOL BEVERAGE SALES LP
317083 8,383 PRAIRIE ELECTRIC COMPANY
317016 8,107 GRAINGER
316972 8,021 ARTISAN BEER COMPANY
316888 8,010 GRAYMONT
316933 7,906 SITEONE LANDSCAPE SUPPLY, LLC
316988 7,831 CAPITOL BEVERAGE SALES LP
Check Amount Supplier/Explanation Account Description Business Unit Comments11266(E)7,543 PAYCHEX
316959 7,513 YOUNGSTEDTS COLLISION CENTER
11274(E)6,805 U.S. BANK - I-494 PURCH. CARD
316847 6,324 AMERICAN WATER WORKS ASSOCIATION
316930 6,284 SHADYWOOD TREE EXPERTS INC
317081 6,218 PHILLIPS WINE AND SPIRITS INC
316866 6,168 CATALYST GRAPHICS INC
316982 5,955 BOUND TREE MEDICAL LLC
317023 5,882 HORIZON COMMERCIAL POOL SUPPLY
316909 5,864 MENARDS
317021 5,616 HOHENSTEINS INC
11289(E)5,442 HEALTHPARTNERS
11310(E)5,243 HEALTHPARTNERS
317062 5,148 MINNESOTA NATIVE LANDSCAPES
317047 5,006 MADISON NATIONAL LIFE INSURANCE CO INC
316895 4,675 HENNEPIN HEALTHCARE
317080 4,626 PFM ASSET MANAGEMENT LLC
316990 4,600 CASTRO CLEANING LLC
317002 4,577 CUMMINS SALES AND SERVICE
316956 4,394 WINEBOW
316850 4,333 ARTISAN BEER COMPANY
316876 4,007 CUSTOM HOSE TECH
317053 4,000 MESSERLI & KRAMER
316896 3,966 HOHENSTEINS INC
317076 3,925 PALADIN TECHNOLOGIES
317054 3,886 METRO SALES INCORPORATED*
316961 3,703 HENNEPIN COUNTY TREASURER
317032 3,640 J&N TACTICAL
317104 3,556 T-MOBILE
317031 3,520 J H LARSON COMPANY
316969 3,457 AMERICAN PUBLIC WORKS ASSOCIATION
316971 3,334 AQUA LOGIC INC
317045 3,333 LOCKRIDGE GRINDAL NAUEN PLLP
316908 3,300 MACQUEEN EQUIPMENT INC
316939 3,237 SUBURBAN RATE AUTHORITY
316920 3,237 PAUSTIS & SONS COMPANY
316919 3,233 NUSS TRUCK GROUP INC
317013 3,198 FIRE SAFETY USA INC
317026 3,161 IMPACT PROVEN SOLUTIONS
316855 3,121 BELLBOY CORPORATION
317117 3,118 WINE MERCHANTS INC
317078 3,114 PAUSTIS & SONS COMPANY
317082 3,069 POMP'S TIRE SERVICE INC
316977 3,005 BELLBOY CORPORATION
316890 3,000 GREYSTONE CONSTRUCTION COMPANY
317004 2,904 DANGEROUS MAN BREWING CO LLC
316848 2,888 ANCHOR PAPER COMPANY
317018 2,795 GREAT LAKES COCA-COLA DISTRIBUTION
316991 2,790 CDW GOVERNMENT INC.
317057 2,695 METROPOLITAN FORD
11299(E)2,617 WEX
316877 2,529 DAKOTA SUPPLY GROUP INC
316996 2,408 CLEAR RIVER BEVERAGE CO
317051 2,313 MENARDS
Check Amount Supplier/Explanation Account Description Business Unit Comments3171142,240 WAYNES HOME SERVICES
316911 2,215 METRO HEATING & COOLING
317071 2,203 NEW LINE MECHANICAL INC
11273(E)2,096 PERA
317105 2,090 Trafera LLC
317112 2,088 VINOCOPIA
316887 2,083 GRAINGER
316955 2,055 WINE MERCHANTS INC
317020 2,025 HENNEPIN COUNTY TREASURER
316995 2,000 CITY OF EDEN PRAIRIE
11297(E)1,981 WEX
317103 1,919 SYSCO WESTERN MINNESOTA
317046 1,918 MACQUEEN EQUIPMENT INC
317084 1,805 Prairie Moon Nursery Inc
317041 1,780 LEAGUE MN CITIES INS TRUST
11293(E)1,750 WEX
317039 1,743 LAKELAND ENGINEERING EQUIP CO
317119 1,718 WORTHINGTON MATT
317008 1,696 EARL F ANDERSON
316891 1,673 GUARDIAN FLEET SAFETY LLC
316965 1,650 ADS ON BOARDS
11294(E)1,648 FIDELITY SECURITY LIFE INSURANCE CO
317079 1,625 PETERSON COUNSELING AND CONSULTING LLC
317022 1,573 HOLISTIC TREE AND FORESTRY
317001 1,509 CRYSTAL CLEAN INC
316893 1,503 HAWKINS INC
316941 1,497 SYSCO WESTERN MINNESOTA
316859 1,495 BOURGET IMPORTS
316954 1,493 WINE COMPANY, THE
316884 1,490 FAT PANTS BREWING CO LLC
316856 1,444 BIFFS INC
317120 1,440 YORKTOWN OFFICES
11281(E)1,427 WEX
317085 1,403 PRECISE MRM LLC
317038 1,366 KRISS PREMIUM PRODUCTS INC
316950 1,320 VERMONT SYSTEMS, INC
316978 1,312 BERGMAN LEDGE LLC
11303(E)1,294 WEX
317093 1,283 SCHLOMKA SERVICES LLC
316945 1,279 TOWMASTER INC
317048 1,237 MAVERICK WINE LLC
317087 1,208 PROP
317044 1,100 LIFE SUPPORT INNOVATIONS
316906 1,100 LIFE SUPPORT INNOVATIONS
317049 1,099 MCNEILUS STEEL INC
11301(E)1,090 WEX
316967 1,065 ADVANCED GRAPHIX INC
317029 1,017 INSIGHT BREWING COMPANY LLC
317113 993 WATER CONSERVATION SERVICES INC
316928 975 RISE RIGHT LLC
11284(E)952 WEX
317106 938 True North Controls
316922 926 PITNEY BOWES
316992 886 CENTURYLINK
Check Amount Supplier/Explanation Account Description Business Unit Comments316881882ECM PUBLISHERS INC
316970 853 AMERICAN RED CROSS
316885 848 FIRE SAFETY USA INC
317040 845 LANO EQUIPMENT INC
316846 840 AMERICAN RED CROSS
317086 803 PRINCIPAL FINANCIAL GROUP
317107 795 UCARE MINNESOTA
316968 770 AIRGAS USA LLC
11283(E)766 WEX
316923 756 PLAYPOWER LT FARMINGTON INC
316854 754 BARREL THEORY BEER COMPANY
11311(E)739 WEX
317108 720 UNMAPPED BREWING CO
316946 713 TWIN CITIES DOTS AND POP LLC
316905 708 KRISS PREMIUM PRODUCTS INC
317116 702 WILD MIND ALES LLC
316952 695 VINOCOPIA
11280(E)682 PMA FINANCIAL NETWORK INC
317073 680 ONE STEP PRODUCTIONS
317036 662 JOHNSON CONTROLS FIRE PROTECTION
317097 661 SMALL LOT MN
316913 657 METROPOLITAN FORD
316897 657 HOME DEPOT CREDIT SERVICES
316975 644 Back Channel Brewing Collective LLC
316869 628 CLEAR RIVER BEVERAGE CO
316948 624 VENN BREWING COMPANY
316973 609 ASPEN MILLS
317010 596 EMERGENCY TECHNICAL DECON
317025 594 IDEA CREEK LLC,THE
317122 592 ZOLL MEDICAL CORPORATION
316938 585 SUBURBAN CHEVROLET
316993 583 CENTURYLINK
11291(E)581 WEX
316900 577 INSIGHT BREWING COMPANY LLC
316999 576 CONCRETE CUTTING AND CORING
316958 557 WSB & ASSOCIATES INC
316843 550 AIRGAS USA LLC
316858 543 BOUND TREE MEDICAL LLC
316943 534 THE OASIS GROUP
317033 534 JANEX INC
317050 534 MEGA BEER
316878 533 DANGEROUS MAN BREWING CO LLC
317077 520 PARKER, WARD
316901 516 INVICTUS BREWING CO
316882 514 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC
316924 513 POMP'S TIRE SERVICE INC
11300(E)512 WEX
316879 505 DATAWORKS PLUS LLC
11306(E)505 US BANK - CREDIT CARD MERCHANT ONLY
317118 504 WINEBOW
317075 502 PAFFY'S PEST CONTROL
317005 498 DIGI-KEY
11263(E)491 UKG INC
317102 487 STEEL TOE BREWING LLC
Check Amount Supplier/Explanation Account Description Business Unit Comments317063483MINNESOTA VALLEY ELECTRIC COOPERATIVE
316947 478 UNMAPPED BREWING CO
317074 475 OXYGEN SERVICE COMPANY
316851 470 ASPEN MILLS
317066 468 MONTAGE ENTERPRISES INC
316907 459 LUPULIN BREWING COMPANY
317009 451 ELM CREEK BREWING COMPANY
316987 450 CANVAS CRAFT INC
316940 446 SUMMER LAKES BEVERAGE LLC
11268(E)444 PAYCHEX
316902 433 JANEX INC
11282(E)430 WEX
316957 427 WOODEN HILL BREWING COMPANY LLC
316839 425 PETTY CASH-POLICE DEPT
316875 421 CORE & MAIN
11278(E)420 BPAS
317069 420 MUEHLBAUER, THOMAS G
316915 400 MINNESOTA POLLUTION CONTROL AGENCY
317011 390 ESTRINE, ROBERT
317028 383 INNOVATIVE OFFICE SOLUTIONS
316889 370 GREATAMERICA FINANCIAL SVCS
316974 369 ASSURED SECURITY
317100 330 ST CROIX LINEN LLC
11286(E)323 WEX
316845 309 ALLEN'S SERVICE INC
317111 307 VESTIS SERVICES LLC
316960 278 HACH COMPANY
317003 277 CUSTOM HOSE TECH
317064 275 MINT CONDITION DETAILING INC
317052 271 MEREDITH MURPHY
316874 270 CONCRETE CUTTING AND CORING
316927 265 RED BULL DISTRIBUTING COMPANY INC
11288(E)255 WEX
317037 253 KELE INC
316899 240 INDIGO SIGNWORKS, INC.
316842 240 56 BREWING LLC
11279(E)238 OPTUM HEALTH
316951 230 VESTIS SERVICES LLC
317121 227 ZIEGLER INC
317095 224 SHERWIN WILLIAMS
317094 223 SHAMROCK GROUP, INC - ACE ICE
316871 213 COMCAST
316857 200 BODELL DEBRA
316929 195 S&S WORLDWIDE INC
11298(E)193 WEX
316989 191 CARLSTON, BRANDON
317030 183 INVICTUS BREWING CO
316898 182 INBOUND BREW CO
316860 173 BOYER TRUCKS
316849 172 APPLE FORD SHAKOPEE
316944 172 TIMESAVER OFF SITE SECRETARIAL INC
316918 171 NORTHERN TOOL
316916 171 MODIST BREWING COMPANY
317043 169 LIBATION PROJECT
Check Amount Supplier/Explanation Account Description Business Unit Comments317088169PROPIO LS LLC
317070 163 NEW FRANCE WINE COMPANY
317024 160 HYNEK, EVAN
11275(E)159 US BANK - PAYMODE
316994 146 CINTAS CORPORATION #470
317110 144 VENN BREWING COMPANY
316936 140 STEEL TOE BREWING LLC
317000 136 COREMARK METALS
317101 128 STAPLES ADVANTAGE
316917 127 Montgomery Brewing Company LLC
317014 123 FLEETPRIDE INC
316926 120 PRYES BREWING COMPANY
316880 119 DODGE OF BURNSVILLE
316949 110 VERIZON WIRELESS - VSAT
316979 108 BIG STATE INDUSTRIAL SUPPLY INC
317091 102 RICHFIELD PRINTING INC
317068 102 MR CUTTING EDGE
317027 102 INBOUND BREW CO
317072 102 OLSEN CHAIN & CABLE
11277(E)101 WEX
317065 100 Molly Susee
316997 97 COMCAST
317060 96 MINNESOTA DEPT OF HEALTH
316870 90 COMCAST
11267(E)87 PAYCHEX
11285(E)82 WEX
11272(E)80 PAYCHEX
316964 80 56 BREWING LLC
316998 76 COMCAST
317090 76 RANDY THOMPSON
11269(E)71 PAYCHEX
11270(E)61 PERA
317067 60 MPX GROUP, THE
317019 60 HAYEN, LINDA
316931 56 SHAMROCK GROUP, INC - ACE ICE
316932 54 SHERWIN WILLIAMS CO
316983 52 BOYER TRUCKS
316872 51 COMCAST
316963 50 HENNEPIN COUNTY WARRANT OFFICE
316981 48 BOHNSACK, SUE
317059 46 MINNESOTA DEPT OF HEALTH
11302(E)45 WEX
11308(E)44 PAYA
316844 42 ALLEGRA PRINTING
316925 42 PRECISE MRM LLC
317092 37 ROCKEY, JOSH
316873 34 COMCAST
317058 23 MINNESOTA DEPT OF HEALTH
317007 21 DODGE OF BURNSVILLE
317096 19 SHRED RIGHT
11287(E)14 WEX
11295(E)13 FIDELITY SECURITY LIFE INSURANCE CO
317115 13 WAYTEK INC
11290(E)11 SQUARE
Check Amount Supplier/Explanation Account Description Business Unit Comments3168869FLEETPRIDE INC
11305(E)8 NCR PAYMENT SOLUTIONS,PA, LLC
3,114,776 Report Total
City Council Agenda Cover Memo
Date: April 15, 2025
Section: Consent Agenda
Item Number: XIII.E.1.
Department: Public Works / Utilities – Robert Ellis
ITEM DESCRIPTION
Adopt a resolution endorsing the West-Metro Multi Community Wellhead Protection Plan (part
I) and approve an agreement to continue participation in the development and implementation
of the remainder of the plan (part II).
REQUESTED ACTION
Move to Adopt a resolution endorsing the West-Metro Multi Community Wellhead Protection
Plan (part I) and approve an agreement to continue participation in the development and
implementation of Part II of the plan.
SUMMARY
Synopsis
The state of Minnesota’s Wellhead Protection Program, administered by the Minnesota
Department of Health (MDH), requires all public water suppliers to develop local wellhead
protection programs to protect groundwater sources of drinking water. The city of Eden Prairie
currently has a Wellhead Protection Plan approved by MDH in place, but these plans need to be
updated at least every 10 years, per the Wellhead Protection Rule (Minnesota Rules parts
4720.5100 to 4720.5590).
Background Information
The City is currently updating the Wellhead Protection Plan, in conjunction with seven other
communities in the West Metro area that utilize the same water supply aquifer. Participating
communities include Bloomington, Chanhassen, Eden Prairie, Edina, Hopkins, Minnetonka,
Richfield, and Saint Louis Park. This planning effort is part of a pilot project with MDH and the
Metropolitan Council to evaluate alternative drinking water planning approaches to the current
“city-by-city” methodology. Eden Prairie was a leading advocate for this pilot project,
recognizing the logical and efficient practicality of jointly preparing source water protection
plans with the same communities who together partner in protecting the same drinking water
aquifer, and whose Drinking Water Supply Management Areas (DWMSA) overlap and influence
one another.
The vision for this pilot project is to develop a coordinated and collaborative approach to
protect and safeguard sub-regional drinking water sources that reduces barriers and improves
local drinking water protection implementation in overlapping DWSMAs or where DWSMAs
extend into a neighboring city.
Part I of the Wellhead Protection Plan, which is being approved tonight, includes the
delineation of a wellhead protection area and DWSMA, along with vulnerability assessments for
the water supply wells and water supply aquifer. This Part I plan has been approved by MDH,
as it has been determined to be in compliance with the Wellhead Protection Rule. The Part I
plan was completed at no cost to the City by Barr Engineering under contract with the
Metropolitan Council, who received a Clean Water Fund appropriation specifically for this work.
The Wellhead Protection Planning efforts will now extend into the preparation of Part II of the
plan, which includes determining goals, objectives, and management strategies for potential
sources of contamination within the DWSMA. This Part II of the plan will also be a multi-
community project with the same communities that participated in Part I, with specific, tailored
management strategies for the City to complete within our jurisdiction.
The Part II plan will be written by MDH and Minnesota Rural Water Association staff in
collaboration with the City’s wellhead protection management team, with assistance from the
Metropolitan Council, so there will be no funding needed from the City to complete this plan. Due
to the pilot nature of this project, there is not a hard deadline for the Part II to be completed, but it
is estimated to be approved by MDH in Winter-Spring 2026.
In order to ensure all governing bodies are on the same page, MDH is asking each participating
community to approve the Part I plan and agree to continue the Wellhead Protection Plan process
by completing and implementing a multi-community Part II plan.
Estimated cost savings to the city by participating in this pilot project instead of completing the
plan by ourselves is estimated to be $40,000.
ATTACHMENTS
Attach 1 - Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-___
APPROVAL OF WEST METRO MULTI-COMMUNITY WELLHEAD PROTECTION
PLAN (PART I) AND AGREEMENT TO CONTINUE PARTICIPATION IN THE DEVELOPMENT AND IMPLEMENTATION OF THE REMAINDER OF THE PLAN (PART II)
WHEREAS, the City Council of Eden Prairie recognizes the importance of its groundwater
supply as a natural resource used for drinking water; and WHEREAS, the City Council of Eden Prairie also recognizes the importance of protecting groundwater and drinking water on a sub-regional scale, especially in areas like the west Twin
Cities metropolitan area where many communities utilize the same water supply aquifer and
have drinking water supply management areas previously approved by the Minnesota Department of Health that overlap one another. WHEREAS, it is within the responsibility of the city of Eden Prairie, as a public water supplier,
to consider the health, safety, and welfare of its customers; and
WHEREAS, the city has been presented the locations of the wellhead protection areas and drinking water supply management area, as well as the vulnerability assessments for the city’s wells, neighboring cities’ wells, and the sub-regional water supply aquifer. This information
encompasses Part I of the West Metro Multi-Community Wellhead Protection Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL AS FOLLOWS:
1. The city of Eden Prairie does hereby agree to take action to protect their wells and the
area within their jurisdiction of the drinking water supply management area that has been
approved by the Minnesota Department of Health.
2. The city of Eden Prairie does hereby approve the wellhead protection area, drinking water supply management area, and vulnerability assessments for the city’s wells and water supply aquifer.
3. The city of Eden Prairie does hereby agree to continue the wellhead protection planning
process by completing and implementing a multi-community Part II plan with the other communities that participated in the Part I plan.
ADOPTED by the Eden Prairie City Council on April 15, 2025
______________________________ Ronald A. Case, Mayor ATTEST: SEAL
___________________________ David Teigland, City Clerk
4300 MarketPointe Drive, Suite 200 Minneapolis, MN 55435 Phone: 952.832.2600 Fax: 952.832.2601
West Metro Multi-Community Wellhead Protection
Pilot Project
Part I:
Wellhead Protection Area and Drinking Water Supply
Management Area Delineations and Assessments of Well
and Drinking Water Supply Management Area Vulnerability
January 2025
1
West Metro Multi-Community Wellhead Protection Pilot Project
Part 1
January 2025
Contents
1.0 Introduction ........................................................................................................................................................................... 5
2.0 Conceptual Hydrogeologic Model ............................................................................................................................... 7
2.1 Regional Geology ........................................................................................................................................................... 2
3.0 Groundwater Flow Model Updates ............................................................................................................................14
3.1 Regional Model Updates ...........................................................................................................................................14
3.2 Sub-Regional Model Grid and Layering ..............................................................................................................15
3.3 Model Properties ..........................................................................................................................................................18
3.3.1 Hydraulic Conductivity ..........................................................................................................................................19
3.4 Boundary Conditions ...................................................................................................................................................19
3.4.1 Recharge .....................................................................................................................................................................19
3.4.2 River Boundaries ......................................................................................................................................................20
3.4.3 Wells .............................................................................................................................................................................21
3.5 Model Calibration .........................................................................................................................................................22
3.5.1 Calibration Code Selection ..................................................................................................................................22
3.5.2 Calibration Parameters ..........................................................................................................................................22
3.5.3 Calibration Targets ..................................................................................................................................................22
3.5.4 Calibration Results ..................................................................................................................................................23
3.5.4.1 Groundwater Piezometric Heads ............................................................................................................................23
3.5.4.2 Transmissivity .................................................................................................................................................................26
4.0 Criteria for Wellhead Protection Area Delineation ...............................................................................................27
4.1 Time of Travel .................................................................................................................................................................28
4.2 Aquifer Transmissivity .................................................................................................................................................28
4.3 Daily Volume of Water Pumped .............................................................................................................................28
4.4 Groundwater Flow Field and Boundaries ............................................................................................................29
5.0 Wellhead Protection Area Delineation Using Porous Media and Fracture Flow Methods ..................29
5.1 Porous Media Flow Evaluation Methodology ...................................................................................................30
5.1.1 Uncertainty Analysis ...............................................................................................................................................30
5.2 Fracture Flow Evaluation Methodology ...............................................................................................................30
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5.2.1 Fracture Flow Data Pre-processing ..................................................................................................................30
5.2.2 Fixed Radius Fracture Flow Capture Zones and Upgradient Extensions ...........................................33
5.3 Conjunctive Delineation .............................................................................................................................................34
5.4 Wellhead Protection Area Delineations ...............................................................................................................36
6.0 Delineation of the 8-community West Metro Drinking Water Supply Management Area..................38
7.0 Well Vulnerability Assessment ......................................................................................................................................38
8.0 Drinking Water Supply Management Area Vulnerability Assessment .........................................................39
9.0 Recommendations for Additional Data Collection ...............................................................................................43
10.0 Supporting Data Files .......................................................................................................................................................43
11.0 References ............................................................................................................................................................................44
List of Tables
Table 3-1 Sub-Regional Model Layering ................................................................................................................................. 18
Table 3-2 Precipitation Information ........................................................................................................................................... 20
Table 3-3 Calibration statistics ..................................................................................................................................................... 26
Table 4-1 Total well pumping by city (2018 to 2022) [gallons per year] .................................................................... 28
Table 4-2 Total projected groundwater use by city ............................................................................................................ 29
List of Figures
Figure 1-1 Municipal Wells for Communities Included in the Study ............................................................................... 6
Figure 2-1 Regional Hydrogeologic Conceptual Model ....................................................................................................... 7
Figure 2-2 Bedrock Sub-crop .......................................................................................................................................................... 2
Figure 2-3 Geologic Cross Section A-A’ ...................................................................................................................................... 3
Figure 2-4 Geologic Cross Section B-B’ ....................................................................................................................................... 4
Figure 2-5 Geologic Cross Section C-C’ ...................................................................................................................................... 5
Figure 2-6 Geologic Cross Section D-D’...................................................................................................................................... 6
Figure 2-7 Geologic Cross Section E-E’ ....................................................................................................................................... 7
Figure 2-8 Geologic Cross Section F-F’........................................................................................................................................ 8
Figure 3-1 Regional and Sub-Regional Model Domains ................................................................................................... 16
Figure 3-2 Sub-Regional Model Grid. ....................................................................................................................................... 17
Figure 3-3 Sub-Regional Model Boundary Conditions ...................................................................................................... 21
Figure 3-4 Simulated Vs Measured Piezometric Heads for All Head Observations. .............................................. 24
Figure 3-5 Simulated Vs Measured Piezometric Head for Observations with Greater Accuracy. ..................... 25
Figure 3-6 Simulated Vs Measured Transmissivity .............................................................................................................. 27
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Figure 5-1 Fracture Flow Pumping Rate Estimation Methodology ............................................................................... 32
Figure 5-2 Porous Media and Fracture Flow Capture Zones.. ......................................................................................... 36
Figure 5-3 ERAs, WHPAs and the 8-community west metro DWSMA ........................................................................ 37
Figure 8-1 DWSMA Vulnerability ................................................................................................................................................ 42
List of Appendices
Appendix A Well Construction Records
Appendix B Well Pumping Information
Appendix C Groundwater Model Details
Appendix D Assessment of Data Elements
Appendix E Well Construction Summary
Appendix F Fracture Flow Delineation Data
Appendix G Individual City Capture Zones, WHPPs, and DWSMAs
Appendix H MDH Well Vulnerability Assessments
Appendix I Aquifer Vulnerability Supporting Information
Appendix J Data Collection Recommendations
Appendix K Groundwater Model Files and GIS Shapefiles
List of Abbreviations
DNR – Department of Natural Resources
DWSMA – Drinking Water Supply Management Area
ERA – Emergency Response Area
MDH – Minnesota Department of Health
PWS – Public Water Supplier
WHPA – Well Head Protection Area
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Certification
I hereby certify that this plan, document, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Geologist under the laws of the state of Minnesota.
Evan Christianson
PG #: 51379
Date
1/9/2025
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1.0 Introduction
The Minnesota Department of Health’s Drinking Water Protection program administers wellhead
protection planning for public water systems in the state. Wellhead protection planning involves
delineating wellhead protection areas (WHPAs) and drinking water supply management areas (DWSMAs),
conducting well and DWSMA vulnerability assessments, inventorying potential sources of contamination,
and creating an action plan of implementation measures.
The implementation of drinking water protection measures determined from requirements of the State
Wellhead Protection (WHP) Program has typically been done by public water suppliers, independent of
one another. Each city typically prepares an independent plan containing specific implementation action
with a focus on protecting their own drinking water sources. However, the West Metro has many areas
where one city’s DWSMA extends beyond that city’s border or the DWSMAs of multiple cities overlap;
meaning a city may be dependent on the protection actions taken by their neighbor to protect their
drinking water supply source. Additionally, the independent and piecemeal delineations of DWSMAs
sometimes leads to conflicting classifications of aquifer vulnerability, resulting in incongruous land use
recommendations.
In compliance with the Minnesota Wellhead Protection Rules, WHPAs and a DWSMA were delineated for
the cities of Bloomington, Chanhassen, Eden Prairie, Edina, Hopkins, Minnetonka, Richfield, and St. Louis
Park. Minnesota Rule 4720.5570 states that wellhead protection plans must be reviewed and amended at
least every ten years. The cities listed above were soon due to produce updated wellhead protection
plans.
Recognizing the opportunity for more efficient, consistent, and implementable source water protection in
the West Metro, MDH, Metropolitan Council, and Public Water Suppliers (PWS) partnered to pilot a
collaborative, multi-community approach to wellhead protection planning, instead of the typical “city-by-
city” approach. This pilot project offers the opportunity to explore benefits that a multi-community well
head protection plan may provide, including larger scale risk reduction actions due to the multi-
community approach. It also provides an opportunity for all communities to consistently incorporate the
Minnesota Department of Health’s (MDH’s) current requirements for fracture-flow and conjunctive
delineation analysis, which have changed since some communities last updated their plans. To implement
a multi-community approach to wellhead protection planning a single 8-community west metro DWSMA
was developed.
A new sub-regional groundwater flow model was developed from the existing Metro Model 3 regional
groundwater model (Metropolitan Council, 2014) for the purposes of delineating WHPAs and drinking
DWSMAs. This new model incorporated the most up-to-date geology and pumping information and was
built using MODFLOW6, the most recent version of MODFLOW supported by the United State Geological
Survey.
Combined, the eight communities included in this study currently operate a total of 88 municipal supply
wells. Eden Prairie will start operation of an additional well (Eden Prairie Well 17) in the near future.
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Therefore, a total of 89 municipal supply wells are included in this study. The locations of the wells are
presented on Figure 1-1.
Data elements used in preparation of the report are presented in Appendix D. Appendix E summarizes
construction, use, and vulnerability information for the water supply wells. Well logs are presented in
Appendix A.
MDH will use the approaches and lessons learned from this pilot to evaluate new plan development and
implementation options to consider during rule revisions.
Figure 1-1 Municipal Wells for Communities Included in the Study. The eight communities
included in this study currently operate 88 municipal wells in southwestern Hennepin and
northeastern Carver counties. An additional well, Eden Prairie 17, is scheduled to begin
operation before the end of 2023.
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2.0 Conceptual Hydrogeologic Model
The regional hydrogeologic conceptual model is presented in (Metropolitan Council, 2014). A graphical
representation of the regional hydrogeologic conceptual model is presented on Figure 2-1.
Figure 2-1 Regional Hydrogeologic Conceptual Model. The regional groundwater system consists of unconsolidated and bedrock hydrostratigraphic units, with shallower units generally discharging toward the Minnesota River or other local surface waters. Most public supply wells are open to the Prairie du Chien and Jordan Aquifers. For wells open to the Prairie du Chien, fracture flow may be important role for source water delineation and protection. Local variations in unconsolidated and bedrock confining units can impact the vulnerability of hydrostratigraphic units to surface contamination. Note that the contents of this figure have been simplified for conceptual purposes. For accurate geologic and well construction information, see the bedrock map (Figure 2-2).
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The regional hydrostratigraphy consists of unconsolidated glacial sediments underlain by a Paleozoic
bedrock sequence. In shallower hydrostratigraphic units the groundwater is generally recharged from
surface infiltration and discharges to the Minnesota River and its tributaries. In deeper bedrock aquifers,
recharge is generally much slower and occurs from lateral and/or vertical connection with other units.
Deeper aquifers above the Eau Claire Formation discharge partially to Minnesota River. Within the Mt.
Simon Aquifer, long term pumping has resulted in a regional cone of depression where well pumping is a
major component of aquifer discharge (Berg, 2021).
Water supply wells are completed in all major hydrostratigraphic units from the quaternary down the Mt.
Simon and deeper aquifers. However, most public water supply wells are completed in the Prairie du
Chien and/or Jordan Aquifers due to their accessibility and productivity. The carbonate Shakopee
Formation of the Prairie du Chien aquifer is typically highly fractured. This fracturing can result in
preferential flow paths to water supply wells that require special consideration during source water
delineations.
The local geologic setting impacts the vulnerability of individual aquifers to surface contamination. For
example, the Platteville and Glenwood formation acts as a confining unit and restricts vertical flow to
deeper aquifers. Within the unconsolidated sediments, regions of thicker, more laterally continuous till
provided protection to underlying bedrock aquifers.
Additional details of the regional groundwater flow system and hydrostratigraphic units presented in
Figure 2-1 are provided in Section 2.1.
In general, the following factors impact water supply source quality, quantity, and its use and influence the
regional hydrogeologic conceptual model:
• Precipitation
• Geology
• Source water resource
• Land use
• Public utility services
• Surface water quantity
• Groundwater quantity
• Surface water quality
• Groundwater quality
An assessment of those data elements is presented in Appendix D. Based on that assessment, this study
focuses on these factors as having the most impact on wellhead protection area delineations and
vulnerability assessments:
• Geology – impacts the properties and geometry of the hydrostratigraphic units which supply and
protect groundwater resources (Section 2.1).
• Land use, specifically section boundaries – impacts the Drinking Water Supply Management Area
boundaries (described in more detail in section 6.0 of this report); land use will also be a high-
impact factor in updated plans to protect delineated wellhead protection areas.
• Public utility services, specifically records of well construction, maintenance and use – impacts the
well construction and flow rate, fracture flow methodology, and well vulnerability assessments
(described in more detail in sections 3.4.3, 5.2, 7.0 and in Appendix A).
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• Groundwater quantity and quality – impacts the location and rate of groundwater withdrawals,
calibrated hydrogeologic properties, and vulnerability determinations (described in more detail in
Sections 3.0, 6.0, and in Appendix E).
2.1 Regional Geology
A bedrock sub-crop map derived from the Hennepin and Carver County geologic atlases is shown on
Figure 2-2. Locations of six geologic cross sections through the study area are also shown on Figure 2-2
and are presented on Figure 2-3 through Figure 2-8. Geologic cross sections A, B, C, and D were
developed from data provided in the Hennepin County Geologic Atlas (Steenberg et al., 2018) and
geologic cross sections E and F were taken from the existing Chanhassen WHPP (Barr Engineering, 2011).
The hydrostratigraphic units of importance for this study are described in more detail below.
Figure 2-2 Bedrock Sub-crop The extent of bedrock units vary across the communities included
in this study. In portions of Minnetonka, Hopkins, St. Louis Park, and Edina, the relatively shallow
Platteville and Glenwood Formations are present. In other communities such as Bloomington,
Chanhassen, and Eden Prairie, these shallow bedrock formations are eroded and bedrock valleys result in the subcrop of deeper bedrock units such as the Tunnel City Group.
3
Figure 2-3 Geologic Cross Section A-A’ A west to east geologic cross section through Minnetonka, Hopkins, St. Louis Park, and Edina shows glacial materials on top of bedrock. The
upper most bedrock is typically the St. Peter Sandstone, but erosional features result localized
subcropping of the Oneota Dolomite. With the exception of St. Louis Park 12, all the municipal wells shown on the cross section are open to the Prairie du Chien and/or the Jordan aquifers
and thus require calculation of the fracture flow capture zone as part of the well head
protection area. St. Louis Park 12 is open to the Mt. Simon Aquifer. The inclusion of fracture flow
and the relatively high permeability of the Prairie du Chien and the Jordan aquifers is likely to result in larger WHPAs for wells open to these formations. Wells open to the Mt. Simon are
expected to have comparatively smaller WHPAs. The erosion of the basal St. Peter may increase
the vulnerability of the deeper aquifers.
4
Figure 2-4 Geologic Cross Section B-B’ A west to east geologic cross section through
Minnetonka, Eden Prairie, Edina, and Richfield shows glacial materials on top of bedrock. The
upper most bedrock is typically the St. Peter Sandstone or the Shakopee Formation, but erosional features (primarily within Edina) result localized subcropping of the Oneota Dolomite
and Jordan Sandstone. With the exception of Richfield 7, all the municipal wells shown on the
cross section are open to the Prairie du Chien and/or the Jordan aquifers and thus require
calculation of the fracture flow capture zone as part of the well head protection area. As discussed in Figure 2-3, these wells are expected to have larger WHPAs than wells screened in
deeper aquifers.
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Figure 2-5 Geologic Cross Section C-C’ A north to south geologic cross section through
Minnetonka and Eden Prairie shows glacial materials on top of bedrock. In the north, the upper
most bedrock is typically the Platteville or Glenwood Formation. Near the middle of the section,
the Platteville or Glenwood Formation and St. Peter Sandstone are mostly eroded and the uppermost bedrock is predominately the Shakopee Formation. All the municipal wells shown on
the cross section are open to the Prairie du Chien and/or the Jordan aquifers and thus require
calculation of the fracture flow capture zone as part of the well head protection area. The
presence the Platteville and Glenwood and St. Peter Formations on the northern end of the section is expected to offer some protection to deeper aquifers in that area and reduce aquifer
vulnerability.
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Figure 2-6 Geologic Cross Section D-D’ A north to south geologic cross section through St. Louis Park, Edina, and Bloomington shows glacial materials on top of bedrock. In the north, the upper
most bedrock is typically the Platteville or Glenwood Formation or the St. Peter Sandstone. Near
the middle of the section, the Platteville or Glenwood Formation and St. Peter Sandstone are mostly eroded and the uppermost bedrock is predominately the Shakopee Formation. Near the Bloomington wellfield, a deep bedrock valley results in subcropping of the Tunnel City Group.
The majority of the municipal wells shown on the cross section are open to the Prairie du Chien
and/or the Jordan aquifers and thus require calculation of the fracture flow capture zone as
part of the well head protection area. However, there are several wells open to deeper
aquifers. As previously discussed, wells open to the Prairie du Chien and/or the Jordan aquifers
are expected to have larger WHPAs than wells open to deeper aquifers. The Bloomington wells
are located in an area of where much of the Prairie du Chien and portions of the Jordan aquifers are eroded. This is expected to increase the aquifer vulnerability in this area.
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Figure 2-7 Geologic Cross Section E-E’ A north to south geologic cross section through
Shorewood, Chanhassen, and Eden Prairie shows glacial materials on top of bedrock. In the
western third of the section, bedrock valleys result in subcropping of the Jordan Sandstone. In the remainder of the section, uppermost bedrock is predominately the Prairie du Chien Group.
All of the Chanhassen municipal wells shown on the cross section are open to the Jordan
aquifers and thus require calculation of the fracture flow capture zone as part of the well head
protection area where the Prairie du Chien is not eroded.
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Figure 2-8 Geologic Cross Section F-F’ A west to east geologic cross section through Eden Prairie,
Chanhassen, and Chaska shows glacial materials on top of bedrock. In the western half of the section, bedrock valleys result in subcropping of the Jordan Sandstone and St. Lawrence
Formation City Group. In the remainder of the section, uppermost bedrock is predominately the
Prairie du Chien Group. All of the Chanhassen municipal wells shown on the cross section are
open to the Jordan aquifers and thus require calculation of the fracture flow capture zone as part of the well head protection area where the Prairie du Chien is not eroded.
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Mt. Simon Aquifer
The Cambrian Mt. Simon Sandstone is chiefly a medium-to coarse-grained, quartzose sandstone.
However, particularly in the upper part of the unit, beds of finer grained shale and siltstone are present
(Mossler, 2008; Runkel et al., 2003). In the Twin Cities basin, the Mt. Simon Sandstone is about 200 feet
thick and is divided into a lower coarse clastic component, and an upper fine clastic component. Fine
clastic beds in the upper portion of the unit have low permeability may provide hydraulic confinement
(Runkel et al., 2003). At the local scale, the unit may be distinguished into two or more hydrostratigraphic
units.
The hydraulic conductivity of the Mt. Simon Sandstone is typically greater where the unit is near the
bedrock surface. The average hydraulic conductivity of the Mt. Simon Sandstone for deep bedrock
conditions was calculated to be 21 ft/day based on specific-capacity tests (Runkel et al., 2003). Large-
scale aquifer tests and packer tests indicate a range from 0.38 to 17 ft/day (Runkel et al., 2003.) The fine
clastic beds in the upper part of the Mt. Simon Sandstone may have hydraulic conductivities on the order
of 10-2 to 10-4 ft/day. For shallow bedrock conditions the average hydraulic conductivity was estimated to
be 29.3 ft/day with a range of 1 to 70 ft/day (Runkel et al., 2003). The difference in hydraulic conductivities
for deep versus shallow bedrock conditions likely reflects a more densely developed fracture network
where the unit is near the surface. At greater depth, the Mt. Simon sandstone is commonly assumed to
have few fractures and dissolution features; however, this assumption remains unproven. Near the
communities of interest, the Mt. Simon Sandstone is deeply buried, and therefore best characterized by
deep bedrock conditions.
The Mt. Simon Aquifer is the deepest commonly used aquifer in the communities of interest and is slower
to recharge than shallower overlaying aquifers. Historical pumping and limited recharge have created a
regional cone of depression within the Mt. Simon Aquifer. Generally, groundwater flow in the Mt. Simons
Aquifer is from the northwest to the southeast, with a potentiometric low in the southeastern portion of
the Hennepin County (Berg, 2021).
Eau Claire Formation
The Cambrian Eau Claire Formation is a low-permeability unit that overlies the Mt. Simon aquifer and acts
as a regional aquitard, limiting leakage between the Mt. Simon aquifer and the overlying aquifer system.
The Eau Claire Formation is a combination of siltstone, very fine feldspathic sandstone, and greenish-gray
shale. Some of the shale beds may be as thick as several feet (Mossler & Tipping, 2000). The Eau Claire
Formation is typically less than 100-feet thick in the Twin Cities basin (Berg, 2021; Mossler, 2008).
The hydraulic conductivity of the Eau Claire Formation is typically several orders of magnitude lower for
deep bedrock conditions compared to shallow bedrock conditions. Horizontal hydraulic conductivities for
deep bedrock conditions have been measured on the order of 10-2 to 10-3 ft/day and vertical
conductivities of 10-4 ft/day (Runkel et al., 2003). Logged cores and borehole videos indicate that
secondary pores are rare for deep bedrock conditions. In shallow bedrock conditions where secondary
porosity features are most extensive, the Eau Claire Formation can yield water to wells and could be
10
classified as an aquifer. Near the communities of interest, the Eau Claire Formation is typically deeply
buried, and therefore best characterized by deep bedrock conditions.
Wonewoc Aquifer
The Cambrian-aged Wonewoc Sandstone is a fine- to coarse-grained, quartzose sandstone, with its upper
part coarser-grained than its lower part (Mossler, 2013). It is 50-60 feet thick where not eroded near the
communities of interest. The unit conformably overlies the Eau Claire Formation and is considered an
aquifer with moderately high permeability. The hydraulic conductivity of the Wonewoc aquifer varies,
depending on its depth. For deep bedrock conditions, the hydraulic conductivity ranges from 1 to 31
ft/day (Runkel et al., 2003) with values of several feet per day being typical. Based on specific-capacity
tests, the hydraulic conductive of the Wonewoc aquifer for shallow conditions ranges from less than 1 to
60 ft/day, with an average value of 26.8 ft/day (Runkel et al., 2003). Near the communities of interest, the
Wonewoc Sandstone is typically deeply buried, and therefore best characterized by deep bedrock
conditions.
Tunnel City Aquifer and Aquitard
Above the Wonewoc Sandstone is the Tunnel City Group. The Cambrian-aged Tunnel City Group is
divided into two formations: the Mazomanie Formation and the Lone Rock Formation. The Mazomanie
Formation is present in the uppermost 60-80 feet of the unit and is mostly a fine- to medium-grained
friable, quartz sandstone. The Lone Rock Formation underlies the Mazomanie Formation and consists of
fine grained glauconitic, feldspathic sandstone and shale with dolostone interclasts (Mossler, 2013). The
Tunnel City is approximately 135 to 180 feet thick near the communities of interest.
Where the Mazomanie Formation comprises a significant part of the Tunnel City Group (as occurs in
northern-most communities of interest in Hennepin County), the hydraulic conductivity for deep bedrock
conditions ranges from less than 1 ft/day to 65 ft/day, with an average hydraulic conductivity of 27.8
ft/day; for shallow bedrock conditions hydraulic conductivity ranges from less than 1 ft/day to 75 ft/day
with an average of 31.7 ft/day (Runkel et al., 2003). Where the Mazomanie Formation is not present,
hydraulic conductivity of the Tunnel City Group for deep bedrock conditions ranges from less than 1
ft/day to 10 ft/day with an average of 5.9 ft/day and hydraulic conductivity for shallow bedrock conditions
ranges from and less than 1 ft/day to 40 ft/day with an average of 32.3 ft/day (Runkel et al., 2003). Near
the communities of interest, the Tunnel City Group is typically deeply buried, and therefore best
characterized by deep bedrock conditions.
The Tunnel City Aquifer is rarely used for water supply in the southeastern half of Hennepin County, as
shallower aquifers are more available. Within Hennepin County, groundwater flows radially from a
potentiometric high near Loretto (Berg, 2021).
St. Lawrence Aquitard
Above Tunnel City Group is the St. Lawrence Formation. The Cambrian-aged St. Lawrence Formation is
composed of dolomitic, feldspathic siltstone with interbedded very fine-grained sandstone and shale
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(Mossler, 2013). The St. Lawrence Formation is 38 to 50 feet thick in Dakota County and typically functions
as a confining unit between the overlying Jordan Sandstone and the underlying Tunnel City Group.
The St. Lawrence Formation is described as having low bulk hydraulic conductivity in the vertical direction,
which can provide confinement (Runkel et al., 2003). These confining characteristics are present where the
St. Lawrence Formation is relatively deep and overlain by the Jordan Sandstone. The bulk vertical hydraulic
conductivity of the St. Lawrence Formation was measured between 10-5 to 10-4 ft/day in Ramsey County
(Runkel et al., 2003). The horizontal hydraulic conductivity of the St. Lawrence Formation for deep bedrock
conditions has been measured in the range of less than 1 ft/day to 50 ft/day. These relatively high
horizontal hydraulic conductivity values are attributed to interconnected bedding plane fractures and
dissolution cavities (Runkel et al., 2003).
Where the St. Lawrence Formation is at shallow depth, it may not act as a confining unit over significant
geographic extent. In these areas, interconnecting fractures result in relatively high bulk hydraulic
conductivity values and the unit can act as a relatively high-yielding aquifer. Some discrete intervals or
beds within the unit can provide confinement locally if interconnected fractures and other secondary
porosity features are minimally developed. Based on specific-capacity test data the horizontal hydraulic
conductivity of the St. Lawrence Formation for shallow bedrock conditions typically ranges from less than
1 ft/day to 75 ft/day with an average of 46 ft/day (Runkel et al., 2003). Near the communities of interest,
the St. Lawrence Formation is typically deeply buried, and therefore best characterized by deep bedrock
conditions.
Jordan Aquifer
Above the St. Lawrence Formation is the Jordan Sandstone. The Cambrian-aged Jordan Sandstone
consists of two interlayered facies: a medium- to coarse-grained, friable, quartz sandstone and a very fine-
grained, feldspathic sandstone with lenses of siltstone and shale (Mossler, 2013). Where it is not eroded
the Jordan Sandstone is typically 85 to 100 feet thick near the communities of interest.
Groundwater flow in the Jordan Sandstone is commonly assumed to be primarily intergranular, but
secondary permeability undoubtedly develops due to jointing and differential cementation (Schoenberg,
1990). Flow along fractures within the Jordan Sandstone should be expected in shallow bedrock
conditions and fracture flow may take place locally for deep bedrock conditions (Runkel et al., 2003).
Results from standard pumping tests indicate that the hydraulic conductivity of the Jordan Sandstone
ranges from 0.1 to 100 ft/day with an average value of 48.5 ft/day (Runkel et al., 2003). Hydraulic
conductivity values measured from specific-capacity tests for deep bedrock conditions indicate a range of
less than 1 to 35 ft/day with an average of 17.4 ft/day. For shallow bedrock, hydraulic conductivity values
range between less than 1 to 95 ft/day with an average of 43.3 ft/day (Runkel et al., 2003). Near the
communities of interest, the Jordan Sandstone is typically buried, and therefore best characterized by
deep bedrock conditions. However, bedrock valleys in Bloomington, Chanhassen, and Eden Prairie result
in localized shallow bedrock conditions.
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Regional flow within the Jordan Aquifer is generally east and south, toward the Mississippi and Minnesota
Rivers. with localized influence of high-volume pumping. Wells installed in the Jordan Aquifer commonly
are commonly also open to the Prairie du Chien (Berg, 2021).
Prairie du Chien Aquifer and Oneota Aquitard
Above the Jordan Sandstone is the Prairie du Chien Group. The Ordovician-aged Prairie du Chien Group is
divided into two formations: the upper Shakopee Formation and the lower Oneota Dolomite. The
Shakopee Formation is a heterolithic unit composed of dolostone, sandy dolostone, and sandstone, while
the Oneota Dolomite is medium-to thick-bedded dolomite (Mossler, 2013). The Prairie du Chien Group is
the uppermost bedrock in the majority of Bloomington, Chanhassen, Eden Prairie, and Bloomington. It is
125 to 140 feet thick where not eroded. The Prairie du Chien Group is classified as being highly fractured
over much of the Twin Cities metropolitan area, especially under shallow bedrock conditions (overlying
bedrock thickness < 200 feet (Runkel et al., 2003).
The horizontal hydraulic conductivity of the Prairie du Chien Group can range over nine or more orders of
magnitude (Runkel et al., 2003). Within thin, highly fractured zones, hydraulic conductivity can exceed
1,000 ft/day. Between these fracture zones, the hydraulic conductivity is much lower but has not been
studied extensively because most wells are open to the more-productive, highly fractured zones. Based on
specific-capacity tests, the hydraulic conductivity of the Prairie du Chien Group for deep bedrock
conditions ranges from less than 1 to 50 ft/day with an average of 33.5 ft/day. In shallow bedrock
conditions, hydraulic conductivity values typically ranges from less than 1 to 125 ft/day with an average
value of 60.8 ft/day, or about double compared to deep bedrock conditions (Runkel et al., 2003). Standard
pumping tests have measured the hydraulic conductivity of the Prairie du Chien Group ranging from 0.1
ft/day to 163 ft/day, with most of the high hydraulic conductivity values measured for wells screened
primarily in the Shakopee Formation (Runkel et al., 2003). Near the communities of interest, the Prairie du
Chien Group is best characterized by shallow bedrock conditions.
The lower portion of the Oneota Dolomite is massive, of low permeability, relatively unfractured, and acts
as a regional aquitard that separates the permeable portions of the Prairie du Chien Group (the upper
part of the Oneota Dolomite and the Shakopee Formation) from the Jordan Sandstone (Runkel et al.,
2003). Vertical hydraulic conductivity for the Oneota Dolomite has been measured as low as 10-4 ft/day.
Like the Jordan Aquifer, regional flow within the Prairie du Chien Aquifer is generally east and south,
toward the Mississippi and Minnesota Rivers. with localized influence of high-volume pumping (Berg,
2021).
St. Peter Aquifer
The St. Peter Sandstone overlays the Prairie du Chien Group near the communities of interest. The
Ordovician-aged St. Peter Sandstone Group is divided into two formations: The upper Tonti Member and
lower Pigs Eye Member. The Tonti Member consists of friable medium to fine-grained quartzose
sandstone. The Pigs Eye Member consists of fine to coarse-grained poorly sorted sandscape with
interbedded shale and feldspathic siltstone. The St. Peter Sandstone is generally 145 to 155 feet thick
13
where not eroded (Mossler, 2013). The St. Peter Sandstone is almost completely eroded in Bloomington,
Chanhassen, and Eden Prairie and subcrops in all other communities of interest.
The lower Pigs Eye Member typically has low vertical permeability and functions as an aquitard that
overlies the Prairie du Chien Group (Runkel et al., 2003). The upper Tonti Member has much greater
permeability and functions as an aquifer. The hydraulic conductivity of the St. Peter Sandstone typically
ranges between 2 and 50 ft/day for deep bedrock conditions and between 1 and 74 ft/day for shallow
bedrock conditions. The greater hydraulic conductivity values for shallow bedrock conditions are
indicative of the influence of secondary porosity features (Runkel et al., 2003). Near the communities of
interest, the St. Peter Sandstone is best characterized by shallow bedrock conditions.
Regional groundwater flow in the St. Peter Aquifer is typically east and south to the Mississippi and
Minnesota Rivers (Berg, 2021).
Platteville Aquifer and Aquitard
Above the St. Peter Sandstone is the Ordovician-aged Platteville and Glenwood Formations. The
Glenwood Formation is a blocky shale with thin stringers of fine-to coarse-grained quartz sandstone. The
Platteville Formation is a fossiliferous limestone and dolomite. Where not eroded, the Platteville and
Glenwood and Formations are up to 40 feet thick near the communities of interest (Steenberg, 2018). The
Platteville and Glenwood and Formations subcrop in Edina, Hopkins, Minnetonka, and St. Louis Park and
are fully eroded within the other communities of interest.
The Platteville and Glenwood Formations are typically together considered a regional aquitard
(Kanivetsky, 1978). However, some highly fractured portions of these units supply domestic wells, and a
number of springs originate from the units. The unit can act as a competent aquitard, restricting vertical
flow. However, well-developed macropore and fracture networks along discrete intervals, particularly in
shallow bedrock conditions, result in relatively high horizontal hydraulic conductivities. Measured
hydraulic conductivity values for the Platteville Formation range over eight orders of magnitude, from less
than 1x10-4 to more than 1x104 ft/day (Anderson et al., 2011).
Quaternary Sediments
Quaternary deposits of glacial till, lacustrine deposits, sand, gravel, clay, and silt cover the bedrock surface
within the communities of interest and range in thickness from approximately 50 feet to over 500 feet (
(Bauer, 2009); (Berg, 2021)). These Quaternary deposits are the result of the advance and retreat of large
continental ice sheets over and near the Twin Cities metro area over the past two-million years. Glacial till
was deposited underneath and adjacent to the glaciers. Glacial meltwater rivers deposited sand and
gravel (outwash). Ice blocks were left in place to melt as the glaciers retreated, forming kettle lakes. As the
glaciers retreated, meltwater rivers incised through the glacial deposits and into the bedrock units. These
rivers also deposited thick sequences of sand and gravel (outwash). Upon glacial re-advancement, these
river channels were often filled with new sediments forming buried bedrock valleys. In other areas, large
glacial lakes formed where glacial meltwater was unable to drain away, leaving thick deposits of fine-
grained sediment in the bottom of these lakes. Near the end of the last glaciations, the ancestral
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Mississippi River and the River Warren (ancestral Minnesota River) incised back into the glacial deposits,
forming wide river valleys with alluvial terrace deposits and backwater areas.
Quaternary sediments are highly heterogeneous. Generally, regional groundwater flow in the quaternary
is from recharge areas in topographic highs to discharge areas at surface water features in topographic
lows. The Mississippi and Minnesota Rivers represent major regional discharge features for much of the
quaternary groundwater system (Berg, 2021).
3.0 Groundwater Flow Model Updates
The sub-regional groundwater model used in this analysis is based on the existing Metro Model 3
regional model (Metropolitan Council, 2014) which uses the MODFLOW-NWT code. For this study, Metro
Model 3 was converted to the MODFLOW6 code, the newest version of the code, to accommodate
linkage between the new sub-regional model and the larger regional model. The conversion of Metro
Model 3 to MODFLOW 6 and details regarding construction of the sub-regional model are described in
the following sections.
3.1 Regional Model Updates
To accommodate linking the new sub-regional model to a larger regional model, Metro Model 3 was
converted to MODFLOW 6 (Langevin et al., 2017). The domain of the sub-regional model was chosen to
be sufficient in size to evaluate well capture zones for the municipal wells included for the study.
However, to also account for the larger groundwater flow system beyond the sub-regional model domain,
the Flow Exchange Package of MODFLOW6 was used to link the sub-regional and regional models. The
use of the Flow Exchange Package necessitated the conversion of Metro Model 3 from the MODFLOW-
NWT code to MODFLOW-6 code. This conversion was performed using a USGS software developed for
this purpose (MF5to6). Though MODFLOW-NWT and MODFLOW 6 models are generally compatible, the
following modifications to the were required to convert Metro Model 3 to MODFLOW 6:
• The MF5to6 tool has issues reading fixed format arrays within the input files. These arrays were
changed to free format prior to running the conversion tool.
• Metro Model 3 uses quasi-3D confining units, which MODFLOW6 does not support. In Metro
Model 3, quasi-3D confining units were simulated between every layer to account for aquifer-
layer changes due to faulting. MF5to6 tool generates an active model layer in place of each
quasi-3D layer. Default values for hydraulic conductivity were initially generated. These default
values were adjusted to represent the conductance applied with the quasi-3D layers in Metro
Model 3.
• The starting heads for each new layer that was previously resented as a quasi-3D layer were
copied from the layer above.
• The UZF Package of MODFLOW6 works differently than MODFLOW-NWT. For example, multiple
unsaturated layers are possible and the model inputs are different. These changes caused
15
convergence issues that could not be resolved for this study. Since only steady-state simulations
were anticipated, the UZF recharge from Metro Model 3 was extracted and used with the
Recharge Package of MODFLOW6 in place of the UZF Package. This results in the same water flux
to the water table as simulated in Metro Model 3.
• The IDOMAIN for layers that previously were represented as quasi-3D layers in Metro Model 3
were set to -1 (vertical pass-through) where the bedrock confining unit is not present. For
example, for the new layer that represents the basal St. Peter Sandstone confining unit (previously
simulated with a quasi-3D layer) the IDOMAIN was set to -1 where the St. Peter Sandstone is not
present. For layers representing the quasi-3D layers between deeper bedrock units (e.g., between
the Jordan and Mt. Simon Sandstone), the vast majority of the model cells (or in some cases the
entire layer) is simulated as vertical pass through. These layers therefore have no impact on the
groundwater flow system and could be removed from the simulation in a future version of the
model, but were maintained in this version of model to simplify the model conversion process.
• New well packages (Well Package and Multi-Aquifer Well Package) were developed to
accommodate the new layering of the regional model (i.e. Jordan aquifer in the new regional
model is now typically layer 7 where it is layer 4 in Metro Model 3). Wells that are outside the
active domain or intersect layers with an IDOMAIN of -1 were adjusted so that they are only open
to active model cells (IDOMAIN = 1).
After Metro Model 3 was converted to MODFLOW 6, the model was run to confirm that the groundwater
flow field simulated in the MODFLOW 6 version was approximately equal to the one simulated using
MODFLOW-NWT and that the mass balance components were approximately equal.
3.2 Sub-Regional Model Grid and Layering
The extent of the sub-regional model encompasses the previously delineated DWSMAs for the
communities included in the study and is completely within the existing regional model active domain.
The domains of the sub-regional and regional models are presented Figure 3-1.
Unlike Metro Model 3, which uses a regular 500m x 500m square grid, the sub-regional model uses a new
grid type available in MODFLOW6 called a “quadtree grid. With a quadtree grid, refinement around an
area of interest can be achieved by subdividing model cells by a factor of four (one larger cell subdivided
into four smaller cells). Model cells can be subdivided multiple times, allowing for a large degree of local
refinement. This approach allows for detailed simulation near areas of interest without incurring the
computational demands of extending the grid refinement over the entire model domain. The general
process of developing a quadtree grid involves setting up a uniform base grid and then subdividing the
cells to provided refinement near features of interest. More important and/or smaller features are typically
given higher levels of refinement than less important or larger features. To improve the numerical stability
of the model, levels of refinement are “smoothed” such that there are not dramatic step changes in cell
size between neighboring model cells. The uniform base grid selected for the sub-regional model was a
250 meter x 250 meter regular grid.
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Figure 3-1 Regional and Sub-Regional Model Domains. The sub-regional model used in this study
fully encompasses the communities of interest and the previously delineated DWSMA. The sub-
regional sits within the regional Metro Model 3.
The following levels of quadtree refinement were used in the sub-regional model.
• The model grid near edges of lakes was refined to 62.5 meters x 62.5 meters. The interior of lakes
were allowed to use the base grid resolution (250 meters x 250 meters) if the lake was sufficiently
large. This is because the majority of groundwater-surface water interaction typically occurs near
the shoreline of surface water features. Therefore, detailed simulation of the interior of lakes is not
required to accurately simulate the groundwater-surface water interaction and applying the grid
refinement to the entire area of lake would increase the computational demand of the model
while likely not improving the accuracy of the simulation.
• The model grid near perennial streams was refined to 31.25 meters x 31.25 meters.
• The model grid around municipal wells operated by the communities included in this study was
refined to 31.25 meters by 31.25 meters for the region between a 100-meter and 250-meter
17
radius of the well. The regional within a 100-meter radius of the municipal wells was refined to
7.8125meters x 7.8125 meters, which is the smallest cell size in the sub-regional model.
A plan view of the model grid used in the sub-regional model and comparison to the Metro Model 3 grid
is shown in Figure 3-2.
Figure 3-2 Sub-Regional Model Grid. The sub-regional model uses a quad-tree model grid nested
within the regional model. The square cells of the sub-regional model are subdivided into smaller square cells to allow additional detail near municipal wells for the cities of interest and surface
water features.
The sub-regional model was dynamically connected to the Metro Model 3 using the Groundwater Flow
Exchange Package of MODFLOW6. This package allows nested models to be solved simultaneously, with
fluxes exchanged between the two models. This approach allows for the regional groundwater flow field
to influence the flows in the sub-regional model and pumping and other stresses in the sub-regional
model to influence the regional model. Use of the Flow Exchange Package also reduces concerns of
boundary effects at the edge of the sub-regional model domain.
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As discussed in Section 3.1, the conversion of the regional model to MODFLOW 6 increased the number
of model layers. Within the extent of the sub-regional model, these new layers were leveraged to better
capture variability within the Quaternary unconsolidated sediments and allow for explicit simulation of the
Platteville Formation, Glenwood Shale, basal St. Peter Sandstone, and Oneota Dolomite hydrostratigraphic
units. Layers beneath the Oneota Dolomite within the sub-regional model are consistent with the layering
in the converted regional model (Section 3.1).
The layering used in the local model is presented in Table 3-1.
Table 3-1 Sub-Regional Model Layering
Sub-regional Model Layer Hydrostratigraphic Unit Connected Regional Model Hydrostratigraphic Unit 1 Quaternary sediments Quaternary sediments 2 Platteville and Glenwood where present Vertical Pass-Through Layer 3 St. Peter Sandstone where present St. Peter Sandstone where present 4 Basal St. Peter Sandstone where present Vertical Pass-Through Layer 5 Shakopee Formation where present Shakopee Formation where present 6 Oneota Dolomite Formation where present Vertical Pass-Through Layer 7 Jordan Sandstone where present Jordan Sandstone where present 8 Vertical Pass-Through Layer Vertical Pass-Through Layer 9 St. Lawrence Aquitard and Aquifer where present St. Lawrence Aquitard and Aquifer where present 10 Vertical Pass-Through Layer Vertical Pass-Through Layer 11 Tunnel City Group Aquifer and Aquitard Tunnel City Group Aquifer and Aquitard 12 Vertical Pass-Through Layer Vertical Pass-Through Layer 13 Wonewoc Aquifer Wonewoc Aquifer 14 Vertical Pass-Through Layer Vertical Pass-Through Layer 15 Eau Claire Aquitard Eau Claire Aquitard 16 Vertical Pass-Through Layer Vertical Pass-Through Layer 17 Mt. Simon Aquifer Mt. Simon Aquifer
Where the bedrock units are present (not eroded) stratigraphic elevation data from the Hennepin and
Carver County Geologic Atlases were used to define the layer elevations. Where the bedrock units are
eroded, layer elevations were smoothed to fill the quaternary thickness, such that layers were
approximately equal thickness. This approach allowed for more detailed simulation of the quaternary
geology in areas where the shallow bedrock units (e.g. Platteville Formation, St. Peter Sandstone) are
absent.
3.3 Model Properties
Hydraulic properties govern how water moves through the simulated materials. The simulation used to
delineate the porous media capture zones is steady-state. Therefore, storage parameters are not required
19
to simulated groundwater flow and the only hydraulic property required is hydraulic conductivity and
porosity.
3.3.1 Hydraulic Conductivity
Hydraulic conductivity was defined in the sub-regional model using two different methods. For bedrock
units, and regions where the type of unconsolidated sediments is not known, pilot points, and
interpolations between pilot points, was used to allow for variability of hydraulic conductivity across the
model domain. An effective hydraulic conductivity approach was used for model cells that intersect
unconsolidated sediments that have been mapped as part of the Hennepin and Carver counties sand
distribution models (Steenberg, 2018; Bauer, 2009). This approach was also used for the Metro Model 3
model (Metropolitan Council, 2014) but the approach for this study uses updated mapping and the
subregional model has additional layers and smaller model cells, which allows for more detail to be
captured. For details regarding how the effective hydraulic conductivity are calculated refer to
Metropolitan Council (2014).
3.4 Boundary Conditions
Boundary conditions define locations where water flows into or out of the model due to external factors
and are used to represent major hydraulic stresses on the groundwater system including aerial recharge,
interaction with surface water features, and well pumping. The boundary conditions within the sub-
regional model were updated using current datasets.
3.4.1 Recharge
Areal recharge in the sub-regional model was defined using a previously developed Soil Water Balance
(SWB) model for the Twin City Metropolitan Area (Barr Engineering Co., 2013) and the unsaturated zone
flow (UZF) MODFLOW 6 package (Langevin et al., 2017). The SWB model computes the spatial distribution
of potential recharge to groundwater based on climatic and land use data. The potential recharge
computed by the SWB model was mapped to the sub-regional model grid. The average annual potential
recharge for the sub-regional model domain was 7.8 in/year. Precipitation data for Hennepin County for
the previous 10 years is summarized in Table 3-2. The SWB model does not directly simulate the water
table, and therefore is prone to overestimate recharge to groundwater in areas where the water table is at
or near the ground surface. For the sub-regional model the UZF package was used in place of the more
commonly used recharge package because the UZF package has the ability to reject excess recharge in
areas where the water table is at or near the ground surface and/or where the vertical permeability of
shallow sediments is low.
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Table 3-2 Precipitation Information
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
2013 0.63 1.08 1.81 4.04 5.19 7.26 3.51 1.53 1.45 3.79 0.56 1.32 32.17
2014 1.15 1.21 0.73 6.19 4.64 10.32 3.02 2.81 1.81 1.13 0.98 0.93 34.92
2015 0.28 0.32 0.68 2.01 4.6 3.75 7.1 3.44 3.78 3.04 4.11 1.97 35.08
2016 0.28 0.75 1.65 3.15 2.41 3.79 5.59 8.68 5.79 3.17 1.7 1.67 38.63
2017 0.63 0.71 0.56 3.86 5.02 3.32 3.16 6.78 1.65 5.44 0.29 0.6 32.02
2018 0.9 1.04 1.01 1.79 2.94 4.12 3.91 2.97 6.07 3.08 1.36 1.39 30.58
2019 0.28 1.91 1.96 3.06 6.49 3.33 5.89 5.46 4.7 4.91 1.56 1.63 41.18
2020 0.57 0.44 2.31 1.39 4.11 4.67 2.74 5.23 1.07 2.03 0.88 0.55 25.99
2021 0.64 0.43 2.54 2.35 2.68 1.37 1.76 5.53 2.21 1.83 0.91 1.41 23.66
2022 0.45 0.45 2.16 3.94 3.7 1.06 1.43 4.65 0.52 0.34 1.82 1.81 22.33
Avg. 0.58 0.83 1.54 3.18 4.18 4.30 3.81 4.71 2.91 2.88 1.42 1.33 31.66
Data for Hennepin County obtained from MN DNR Climate Trends Application
3.4.2 River Boundaries
Rivers, streams, and lakes were simulated using the river package boundary condition. Only perennial
portions of streams, as defined in the Minnesota Public Waters dataset, were included. The stage used for
the river boundary conditions were obtained by processing LiDAR data for Hennepin and Carver counties.
These data were then smoothed along the river/stream flow lines to ensure that stage elevations decrease
from upstream to downstream. This was necessary because of discrepancies between the mapped stream
centerlines and the high-resolution topography from the LiDAR. For the purpose of the model, all
streams were assumed to have a depth of one meter. The Minnesota River and Mississippi River were
assumed to have a depth of two meters. Lakes, as defined by the Minnesota Public Wates dataset, were
also simulated with the River Package. For these features, the stage was determined based on the LiDAR
data. Bathymetry information was reviewed to determine a representative depth for each lake. If
bathymetry information was not available, the depth of the lake was assumed to be 2 meters. The
intersecting area of each surface water with a model cell is used in the calculation of a conductance term,
which is used to determine the water flux across the boundary. All small streams were assumed to have a
width of two meters. This width and the stream center line length across a model cell was used to
determine an intersecting area for streams. For all lakes and larger rivers (Mississippi and Minnesota) the
cell area was used.
The conductance of river package boundary condition cells was scaled during calibration by adjusting
hydraulic conductivity values for lake or stream bed sediments. Surface water features simulated in the
sub-regional model are shown on Figure 3-3.
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3.4.3 Wells
High-capacity well pumping information was compiled from the Minnesota Department of Natural
Resource Permitting and Reporting System (MPARS). For wells within the domain of the sub-regional
model, the average pumping for the last five years was used for the model. Wells with open intervals
spanning only one model layer were simulated using the Well Package. Wells which spanned multiple
layers were simulated using the Multiple Aquifer Well Package. The Multiple Aquifer Well Package uses
aquifer properties, the simulated groundwater flow field, and well hydraulics to apportion the specified
pumping between multiple model cells. A total of 1,553 high-capacity wells were simulated using the Well
Package and 432 high-capacity wells were simulated using the Multiple Aquifer Well Package. Wells
simulated in the sub-regional model are shown on Figure 3-3. Additionally, pumping associated with
Kraemer Quarry, located in Burnsville, was added to the model using the same pumping rate as was used
for Metro Model 3.
Figure 3-3 Sub-Regional Model Boundary Conditions. The waterbodies, streams, rivers and wells
simulated in the sub-regional model are shown. The quadtree grid used allows for detailed
simulation of the surface water features and wells of interest.
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3.5 Model Calibration
The groundwater model was calibrated to simulate observed conditions. Generally, calibration refers to
the process of adjusting model input parameters such that simulated results more closely match observed
data. While the term “calibration” is commonly used, the term “history matching” more accurately
describes the process.
3.5.1 Calibration Code Selection
The groundwater model was calibrated using the code PEST++ Iterative Ensemble Smoother (PESTPP-IES)
(White et al., 2020), which is an automated inverse modeling code that provides efficient parallel run
management for models with large numbers of parameters. PESTPP-IES uses several sophisticated
algorithms to minimize the calibration objective function by varying model parameter values within
specified ranges based on available data. The objective function is the sum of the squares of the weighted
calibration target residuals. The target residuals are defined as the measured value minus the simulated
value. A key advantage of PESTPP-IES compared to other calibration approaches is the ability to
propagate distributions of the model parameters through the calibration process rather than a single
value. These calibrated parameter distributions can then be used in making forward predictions, providing
integrated uncertainty analysis, and reducing issues associated with model non-uniqueness.
3.5.2 Calibration Parameters
During calibration, parameters were allowed to vary within ranges determined by available regional and
literature data. The following parameter groups were adjustable (i.e., varied by PESTPP-IES) in the
calibration:
• Horizontal and vertical hydraulic conductivity for quaternary sub-units (Section 3.3.1),
• Horizontal and vertical hydraulic conductivity pilot points for bedrock units and “unknown”
quaternary units,
• A scalar potential recharge multiplier, and
• The conductance of lake and stream River Package boundary conditions
3.5.3 Calibration Targets
The model was calibrated to the following information:
• Groundwater piezometric heads measurements. These observations were derived from the Metro
Model 3 calibration dataset (Metropolitan Council, 2014) and included:
o Minnesota DNR observation wells (ObWells) from 2003 to 2011
o USGS synoptic water-levels from March and August 2008 (Sanocki et al., 2009)
o White Bear Lake Synoptic Water Levels from 2011 (Jones et al., 2013)
o Minnesota Pollution Control Agency (MPCA) Environmental Data Access (EDA) database
and other water level data from miscellaneous monitoring wells
o USGS National Water Information System (NWIS) water levels 2003-2011 (U.S. Geological
Survey, 2012)
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o USGS National Water Information System (NWIS) water levels prior to 2003 (U.S.
Geological Survey, 2012)
o Minnesota Well Index static water levels 2003-2011
o Minnesota Well Index static water levels prior 2003
o An additional target for each of the groups listed above to enforce a mean head residual
of 0. This was done to combat potential bias.
• Measured transmissivity derived from the Metro Model 3 calibration dataset (Metropolitan
Council, 2014) and updated data combined by the Minnesota Department of Natural Resources
(Minnesota DNR, 2023).
• Baseflow estimates for Riley and Nine-mile Creek (Metropolitan Council, 2014).
• Relative portion of the total groundwater budget from river and lake seepage (Metropolitan
Council, 2014).
• Aquifer head contours from the Hennepin County Geologic Atlas (Berg, 2021).
• Aquifer flow directions from the Hennepin County Geologic Atlas (Berg, 2021).
• A constraint to limit the simulated hydraulic head in model layer 1 to be equal to or less than the
ground surface elevation.
• Regularization constraints to encourage geostatistically constrained spatial relationships between
bedrock pilot points. These constraints were developed such that neighboring pilot points (or
pilot points in close proximity to each other) have similar values.
The various calibration observations were weighted to favor data with less uncertainty. For example,
piezometric head measurements from observations wells had a higher weight than measurements
obtained from the Minnesota Well Index.
3.5.4 Calibration Results
The calibration process resulted in distributions of parameter values - not a single value for each
parameter. The distributions of parameter values result in corresponding distributions of calibration
observations. For the purposes of this study, the model simulation with the parameter set that produced
the best match with the calibration observations (lowest objective function) is referred to as the calibrated
model set and the model simulation results produced by this parameter set is referred to as the calibrated
observation set. The other parameter sets and model simulation results are referred to as the uncertainty
parameter sets and the uncertainty observation sets.
3.5.4.1 Groundwater Piezometric Heads
Groundwater piezometric heads used as calibration observations included data from many sources
(Section 3.5.3). A total of 4116 measurements of piezometric heads were used as weighted observations in
the calibration. A plot of simulated verses measured piezometric head is shown on Figure 3-4 and Figure
3-5.
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Figure 3-4 Simulated Vs Measured Piezometric Heads for All Head Observations. The plot of simulated vs measured piezometric heads for all head observations shows a reasonable fit
between the simulated and observed data, with data points clustering around the one-to-one
line. There is no obvious bias of over or under prediction.
25
Figure 3-5 Simulated Vs Measured Piezometric Head for Observations with Greater Accuracy.
The plot of simulated vs measured piezometric heads for head observations with greater accuracy shows a reasonable fit between the simulated and observed data, with data points
clustering around the one-to-one line. There is no obvious bias of over or under prediction.
A point that plots directly on the one-to-one line would indicate a perfect match between model-
simulated and observed piezometric heads. A perfect match is obviously not possible because a
computer model, no matter how well-designed, cannot possibly match all observations with limited
subsurface information and an imperfect understanding of past conditions.
The values of simulated heads are similar to the observed heads in that lower observed heads are
generally simulated lower and higher observed heads are generally simulated higher (Figure 3-4). The
scatter observed between the model-simulated and observed piezometric heads arises from many
potential sources:
• The sub-regional model simulates a single steady-state average condition. The piezometric head
data were collected across multiple decades under different pumping, land use, and climatic
conditions that are not explicitly simulated in the sub-regional model.
• Inaccuracy of water- level measurement. Drilling contractors (especially for wells drilled decades
ago) may not have used precise measuring devices.
• Inaccuracy in well location. Many wells are identified only to the nearest quarter-quarter section.
26
• Inaccuracy in well elevation. Well elevations are typically estimated using 7.5-minute topographic
maps and are also subject to errors in location.
• Water levels may not have stabilized at the time of measurement. Water levels are typically
collected during or immediately after well installation or development and may not have reached
equilibrium with the aquifer.
According to the MDH, a groundwater model is appropriately calibrated when the residuals associated
with the head observations have the following characteristics (MDH, 2018):
1. The residual mean error is minimized, approaching a value of 0,
2. The normalized residual standard deviation (residual standard deviation divided by range of
observations) is less than 0.1, and
3. The normalized root mean square error (root mean square error divided by range observations) is
less than 0.1.
The calibration statistics listed above were calculated for all weighted piezometric head targets in the sub-
regional model. The results for the calibrated model are presented in Table 3-3.
Table 3-3 Calibration statistics
Statistic Value Mean residual [feet] -1.8
Normalized residual standard deviation [unitless] 0.089 Normalized root mean square error [unitless] 0.089
Table 3-3 indicate that the calibrated parameter set meets the MDH criteria for an appropriate calibration
for the normalized residual standard deviation and normalized root mean square error. The criteria related
to the residual mean are qualitive. The calibration was deemed to meet these qualitative criteria because
the calibration methodology used, by definition, seeks to minimize the sum of the squared residuals (and
thus the absolute residuals) within the constraints enforced by the formulation of the objective function
and the parameter bounds. In addition to the calibrated parameter set, all uncertainty parameter sets
were also deemed to meet the criteria. The simulated head distribution for all non-vertical pass through
layers (1,3,5,7,9,11,13,15,17) are presented in Appendix C.
3.5.4.2 Transmissivity
A total of 95 transmissivity measurements were included in the calibration. The transmissivity targets
included estimates of transmissivity for different aquifers. A plot of simulated vs. measured transmissivity
is shown on Figure 3-6.
27
Figure 3-6 Simulated Vs Measured Transmissivity. The plot of simulated vs measured transmissivity
observations shows a reasonable fit between the simulated and observed data, with data points
clustering around the one-to-one line. The greater spread of the data below the one-to-one line suggests there may be slight negative basis (simulated transmissivity less than measured) in the
simulated transmissivity.
The values of simulated transmissivity are similar to the observed values in that lower observed
transmissivities are generally simulated lower and higher observed transmissivities are generally simulated
higher (Figure 3-6). Similar to piezometric heads, there are sources of uncertainty in the transmissivity
observations and simplifications in the model which make some level of discrepancy between the
simulated and observed values inevitable. MODFLOW files for the calibrated parameter set are included in
Appendix K
4.0 Criteria for Wellhead Protection Area Delineation
The sub-regional model discussed in Section 3.0 was used to determine the wellhead protection areas
(WHPAs) for these eight communities participating in the study: Bloomington, Chanhassen, Eden Prairie,
Edina, Hopkins, Minnetonka, Richfield, and St. Louis Park. The following criteria were used to ensure that
WHPAs are consistent with current Minnesota Rules and MN Department of Health guidelines and among
communities.
28
4.1 Time of Travel
Per MN Rule 4720.5510, a minimum 10-year groundwater time of travel criterion must be used to
delineate a WHPA Rule. This rule is intended to ensure that there is sufficient reaction time to remediate
potential health impacts in the event of contamination of the aquifer. Therefore, this study considered a
groundwater time of travel of ten years. to delineate WHPAs. As required by the Wellhead Protection Rule,
the one-year groundwater time of travel zone was also determined to delineate the emergency response
area (ERA) for each well addressed in this study.
4.2 Aquifer Transmissivity
The aquifer transmissivity simulated in the communities of interest was determined through the
groundwater model calibration process discussed in Section 3.5. The calibration observation dataset
included 95 measurements of aquifer transmissivity ( (Minnesota Department of Natural Resources (DNR),
2023), (Metropolitan Council, 2014)). These observations were highly weighted in the calibration and a
reasonable fit between simulated and observed values was achieved (Figure 3-6).
4.3 Daily Volume of Water Pumped
The well pumping used in the WHPA delineation is a function of both the recent annual pumping rate at
the individual wells and the projected future total water needs of the communities.
Per MN Rule 4720.5510, the daily volume of water pumped must be calculated for each well in the public
water supply system and be based on records during the previous five years. The total pumping for each
community is summarized by year for the period from 2018 to 2022 in Table 4-1 ( (Minnesota Department
of Natural Resources, 2023), additional details in Appendix B).
Table 4-1 Total well pumping by city (2018 to 2022) [gallons per year]
City 2022 2021 2020 2019 2018
Bloomington 2,441,768,500 2,582,596,200 2,201,875,600 2,278,294,600 2,631,494,304
Chanhassen 1,080,932,000 1,109,962,000 979,841,600 852,919,000 1,054,297,200
Eden Prairie 2,700,295,000 2,816,747,000 2,536,607,000 2,282,120,000 2,583,034,000
Edina 2,401,074,000 2,447,505,000 2,111,468,000 1,968,715,000 2,226,702,000
Hopkins 692,996,000 705,518,000 682,068,000 730,350,000 719,531,000
Minnetonka 2,223,148,000 2,293,333,000 2,081,946,000 1,988,586,000 2,122,399,900
Richfield 970,753,399 1,014,092,231 935,991,645 923,461,245 986,194,000
St. Louis Park 1,957,960,000 1,900,610,000 1,770,788,000 1,827,042,000 1,905,440,000
The total projected average daily demand for the communities of interest is presented in Table 4-2
(additional details in Appendix B).
29
Table 4-2 Total projected groundwater use by city
City Projections Year Projection Source City Projected Rate [gallons per year]
Bloomington na Water Treatment Plant Capacity 4,380,000,000
Chanhassen 2040 Projected Daily Average Demand 1,887,050,000
Eden Prairie 2040 Projected Daily Average Demand 3,306,900,000
Edina 2040 Projected Daily Average Demand 3,212,000,000
Hopkins 2040 Projected Daily Average Demand 872,350,000
Minnetonka 2040 Projected Daily Average Demand 2,737,500,000
Richfield 2040 Projected Daily Average Demand 1,095,000,000
St. Louis Park 2040 Projected Daily Average Demand 2,336,000,000
The projected pumping rates for each well were calculated by multiplying the total projected average
daily demand by the 2018-2022 average percentage of total withdrawal for all wells. These rates were
further refined to reflect recent and planned changes to the pumping systems and schedules based on
collaborative feedback from individual public water supply operators.
The pumping rate used in the model for each well for the WHPA delineation was either this projected rate
or the recent historical maximum for the period between 2018 and 2022, whichever was greater. Appendix
B summarizes the pumping rates used in the model for delineation of the WHPAs.
The groundwater model described in Section 3.0 was updated to include the pumping rates described
above and presented in Appendix B. These pumping rates are different than the pumping rates used for
model calibration and are designed to be somewhat conservative (i.e. high) for the purpose of delineating
capture zones.
4.4 Groundwater Flow Field and Boundaries
The groundwater flow field and boundaries used for delineation of the WHPAs were determined by the
sub-regional groundwater flow model. Simulated groundwater contours for model layers representing
hydrogeologic units relevant to this study are presented in Figure C1 through Figure C9 in Appendix C.
Municipal wells within the communities of interest are also shown on the appropriate figures in Appendix
C for the model layers representing hydrogeologic units that the wells are open to. Flow boundary
representations are discussed in Section 3.4.
5.0 Wellhead Protection Area Delineation Using
Porous Media and Fracture Flow Methods
Delineation of the WHPA for the communities included in this study were conducted using both porous
media flow and fracture flow methods as detailed below.
30
5.1 Porous Media Flow Evaluation Methodology
The porous media capture zones for the municipal wells in the communities of interest were delineated
using the software program MODPATH 7 (Pollock, 2016) with the modeled groundwater flow field. A
minimum of 90 particles were tracked from each well. 30 radially distributed particles were released from
3 vertical points in each layer along the open interval of each well, resulting in a total of 18,450 particles.
These particles were tracked backwards in time for both one and ten years. Porosity values used for the
porous media flow evaluation were as follows (Norvitch et al.,1974; Schwartz & Zhang, 2003).
• Quaternary Glacial Drift = 0.25
• Platteville and Glenwood Formation = 0.056 (assumed to be similar to Prairie du Chien Group)
• St. Peter Sandstone = 0.2
• Prairie du Chien Group = 0.056
• Jordan Sandstone = 0.2
• St. Lawrence Formation = 0.2
• Tunnel City Group = 0.2
• Wonewoc Sandstone = 0.2
• Eau Claire Formation = 0.01
• Mt. Simon Sandstone = 0.2
5.1.1 Uncertainty Analysis
As discussed in Section 3.5.1, the calibration algorithm selected for this study (PESTPP-IES) produces a
distribution of calibrated model parameters, not just a single calibrated parameter set. These calibrated
parameter distributions provide alternate feasible versions of the model. The parameter sets which
produced the ten lowest objective functions were selected for use in the uncertainty analysis. These ten
alternate models were used evaluate uncertainty in the porous media capture zones. Particle traces from
all simulations (the calibrated set and uncertainty set) were combined into a single set of particle traces
and then used to delineate the 1-year and 10-year porous media capture zones for each well. The porous
media capture zones are shown on Figure 5-2.
5.2 Fracture Flow Evaluation Methodology
As noted in Section 2.1, the Prairie du Chien Group is classified as being highly fractured over much of the
Twin Cities metropolitan area. The MDH guidelines for delineating capture zones in fractured and
solution-weathered bedrock were followed for wells which were open to the Prairie du Chien Group or
Jordan Sandstone (which is hydraulically connected to the Prairie du Chien Group) (MDH, 2011 ).
5.2.1 Fracture Flow Data Pre-processing
The MDH guidance specifies various fracture flow capture zone delineation methodologies based on the
open interval of the well. Amongst the water supply wells included in this study which are open to the
Prairie du Chien Group or Jordan Sandstone, none are open solely to the Prairie du Chien Group. Wells
which are open to multiple aquifers, including the Prairie du Chien group, are delineated using fracture
31
flow delineation technique 3 (Well open to both a porous media aquifer and a fractured or solution-
weathered bedrock aquifer). Wells which are open to the Jordan Sandstone are delineated using fracture
flow delineation technique 4 (Well is open solely to porous media aquifer that is hydraulically connected
to a fractured or solution-weathered bedrock aquifer) (MDH, 2011 ). The fracture flow capture zone
delineation process requires the following data inputs:
1. The portion of the total pumping rate of the well was apportioned to the Prairie du Chien Group
For wells open to both porous media and fractured bedrock aquifer (delineation technique 3
wells):
All public supply wells open to the Prairie du Chien Group were simulated using the multi-aquifer
well (MAW) package within MODFLOW (Section 3.4.3). The MAW package uses aquifer properties,
the simulated groundwater flow field, and well hydraulics to apportion the specified total well
pumping between multiple model cells, or layers. The portion of the total pumping attributed to
the Prairie du Chien Group (model layers 5 and 6) was extracted from the model output and used
as the fracture flow pumping rate of delineation technique 3 for wells open to Prairie du Chien
Group.
For wells open solely to a porous media aquifer that is hydraulically connected to a fractured
aquifer (delineation technique 4 wells):
The vertical leakage from the Prairie du Chien Group into the Jordan Sandstone was calculated
using the groundwater flow model and used as the fracture flow pumping. Conceptually, this
represents the portion of the well pumping that can be attributed to the Prairie du Chien Group.
This vertical leakage was calculated using the program ZONEBUDGET to compute the vertical flux
downward within the Jordan Sandstone porous media capture zones (delineated using the
MODPATH simulations results).
A schematic illustrating the fracture flow pumping rate estimation methodology for technique 3
and 4 wells is shown in Figure 5-1.
32
Figure 5-1 Fracture Flow Pumping Rate Estimation Methodology. For wells open to both porous
media and fractured bedrock aquifer (delineation technique 3 wells), the MAW package in
MODFLOW 6 is used to appropriation the total well pumping between the porous and fractured aquifers. For wells open solely to a porous media aquifer that is hydraulically connected to a
fractured aquifer (delineation technique 4 wells), the MODFLOW post-processing program
ZONEDUBGET is used to estimate the vertical leakage from the fractured aquifer into the porous
media aquifer.
2. The thickness of the Prairie du Chien Group
Fracture flow delineation technique 3 wells:
The thickness of the well open interval that intersects the Prairie du Chien Group was used as the
thickness in fracture flow calculations.
Fracture flow delineation technique 4 wells:
The total thickness of the Prairie du Chien Group at the location of the well was used as the
thickness in fracture flow calculations.
3. The hydraulic conductivity of the Prairie du Chien Group
33
Fracture flow delineation technique 3 and 4 wells:
As discussed in Section 3.3.1, the hydraulic conductivity distribution used in the sub-regional is
spatially variable. Therefore, the hydraulic conductivity at the location of the well may not
accurately represent the hydraulic conductivity over the entire area of the fracture flow capture
zones. Therefore, the median hydraulic conductivity of the Prairie du Chien within 100 meters of
the well was used in the fracture flow capture zone analysis.
4. The hydraulic gradient of the Prairie du Chien Group
Fracture flow delineation technique 3 and 4 wells:
The hydraulic gradient within the Prairie du Chien Group was calculated from the simulated
groundwater heads near the wells over an area representative of the approximate extent of the
capture zones.
5. The effective porosity of the Prairie du Chien Group
Fracture flow delineation technique 3 and 4 wells:
The effective porosity of the Prairie du Chien Group was assumed to be 0.056 for all fracture flow
capture zones (Section 5.1).
The inputs described above were used to calculate the radius of the fracture flow capture zone and
determine the need for an upgradient extension, as described in the MDH guidance.
5.2.2 Fixed Radius Fracture Flow Capture Zones and Upgradient Extensions
Fixed radius fracture flow capture zones were calculated for all wells open to the Prairie du Chien and/or
Jordan aquifers. These capture zones were calculated based on the portion of the total pumping rate of
the well that can apportioned to the Prairie du Chien Group (see Section 5.2.1) and the thickness and
porosity of the Prairie du Chien Group near each well.
The ratio of the well discharge apportioned to the Prairie du Chien Group and the magnitude of the
discharge vector was used to determine the need for an upgradient extension as described in MDH
guidance (MDH, 2011 ). When this ratio is less than 3000 it indicates that the regional groundwater flow
system is dominant and an upgradient extension should be applied. A ratio greater than 3000 indicates
that the well pumping dominates the local groundwater flow system and an upgradient extension is not
needed.
Upgradient extensions were delineated by extending the fixed-radius capture zones upgradient a distance
of 1.57 times the radius of the fixed-radius capture zone, per MDH guidance. To account for uncertainty,
the upgradient extension was also offset by +/- 10 degrees. The combined area of the fixed-radius zone,
34
the upgradient extension zone, and offset of the upgradient extension were used to define the composite
fracture flow capture zone.
For wells not requiring an upgradient extension, the 1-year and 10-year fracture flow capture zones were
defined by the 1-year and 10-year fixed radius capture zones. For wells requiring an upgradient extension,
1-year fracture flow capture zones were defined by the combination of a 6-month fixed radius capture
zone and the 6-month upgradient extension; the 10-year fracture flow capture zones for these wells were
defined by the combination of a 5-year fixed radius capture zone and a 5-year upgradient extension.
Where fracture flow capture zones overlapped, the overlap volume was apportioned between the
intersecting capture zones in a manner consistent with MDH guidance (MDH, 2011).
For the 1-year and 10-year the fracture flow delineation, wells were grouped and treated as a single
composite well to minimize overlap of the fracture flow capture zones and make the analysis simpler. The
location for a composite well was determined using a pumping-rate weighted average of the coordinates
for each individual well that is part of the group. The thickness and hydraulic conductivity used for each
composite group was also calculated using a pumping-rate weighted average of the individual wells
within the group.
To account for pumping of other high capacity wells not operated by the communities included in this
study, the 10-year the fracture flow capture zones were compared to the location of other high-capacity
wells open to the Prairie du Chien. If a well fell within a 10-year the fracture flow capture zone, the full
pumping rate of that additional well was applied to the calculation of the 10-year the fracture flow
capture zone. The pumping rate of the other wells not operated by the communities was assumed to be
the average of most recent five years of data available in the MPARS database. If a well fell within multiple
10-year the fracture flow capture zones, the pumping rate of the additional well was proportionally
distributed to the fracture flow capture zones based on their volume.
Finally, the fracture flow capture zones were clipped to the extent of the Prairie du Chien Group.
A series of python scripts were developed to automate much of the fracture flow capture zone generation
process. The computed fracture flow capture zones for individual cities is discussed in Section 6.0. The
computed fracture flow capture zones are shown on Figure 5-2.
5.3 Conjunctive Delineation
Current MDH guidance specifies that if areas of high DWSMA vulnerability exist within a groundwater
capture area (GWCA) which includes a fracture flow component, the need for a surface water contribution
area (SWCA) should be assessed.
For the fracture flow portion of the GWCA, if the depth to the fractured unit is less than 50 feet, a SWCA
should be considered. The top of the Prairie du Chien is not less than 50 feet below ground surface within
35
the fracture flow portion of the GWCA, so no SWCA is required for high vulnerability areas within the
fracture flow portion of the GWCA.
If the porous media portion of the GWCA intersects a surface water feature or is likely to receive runoff
from surrounding lands, a SWCA should be considered. This occurs within multiple GWCAs, so this
scenario was considered. For surface water features, a SWCA is only required if adequate data (stable
isotopes, higher frequency water quality data), exist to evaluate the surface water contribution. Such data
are not available for the wells included in this study. Collection of stable isotope data is recommended in
Section 9.0. To account for potential surface runoff, topographic SWCAs were determined by computing
the surface catchment of areas with high and very high geologic sensitivity (i.e., high vulnerability; see
Section 8.0) within the 10-year porous media capture zones. Conceptually, areas of high and very high
geologic sensitivity are more likely to provide a rapid pathway from the surface to the aquifer. Note that
the analysis was conducted using the un-aggregated geologic sensitivity, not the quarter-quarter
aggregated vulnerability (see Section 8.0).
The following process was used to compute the surface catchments of the high and very high geologic
sensitivity areas within porous media capture zones:
1. Very small areas (<100m2) of high and very high geologic sensitivity were dropped.
2. Within the remaining areas, the elevation was set in a DEM to be equal to the minimum
elevation within the area. This ensures that the entire area is included in the delineated
catchment.
3. The python package pysheds (Bartos, 2020)) was used to delineate the surface catchment
associated with each area:
a. Flow accumulation was calculated based on the adjusted DEM.
b. Pour points for each area were specified as the DEM cell with the highest flow
accumulation in each area.
c. The area surface catchments were delineated from the pour points.
4. The surface catchments were clipped to the publicly available Level 9 catchments (Minnesota
Department of Natural Resources (MNDNR), 2018)
5. Surface catchments less than 40 acres were dropped.
The computed topographic SWCAs are shown on Figure 5-2.
36
Figure 5-2 Porous Media and Fracture Flow Capture Zones. The 1-year and 10-year porous media
and fracture flow capture zones are shown. For most wells, or groups of wells, the fracture flow
capture zones are larger than the porous media capture zones.
5.4 Wellhead Protection Area Delineations
The composite 10-year porous media capture zones and 10-year fracture flow capture zones define the
WHPA. The Emergency Response Area (ERA) is delineated for each well by the composite 1-year porous
media capture zones and 1-year fracture flow capture zones. The WHPAs and ERAs are shown on Figure
5-3.
37
Figure 5-3 ERAs, WHPAs and the 8-community west metro DWSMA. The WHPAs are generally
dominated by the fracture flow capture zones. Overall, the 8-community west metro DWSMA
delineated in this study is covers a smaller total area than the combined individual city DWSMAs delineated previously but has a similar overall coverage. The primary reason for the decrease in
the size of the DWSMA is the updates made to the methodology used to calculate the fracture
flow pumping rate.
38
6.0 Delineation of the 8-community West Metro
Drinking Water Supply Management Area
Per the Minnesota Wellhead Protection Rule, a DWSMA must fully encompass the WHPA and be
delineated using geographically identifiable features (e.g., roads, parcel boundaries, and quarter-quarter
section lines). Generally, quarter-quarter section lines were used to delineate the DWMAs for the
communities included in this study. The use of quarter-quarter section lines instead of individual parcel
boundaries result in a more simplified DWSMA area that is easier to manage and implement.
Figure 5-3 shows the full extent of the 8-community west metro DWSMA, where best practices help
protect the water for people living, schooling, and working across the eight communities of Bloomington,
Chanhassen, Eden Prairie, Edina, Hopkins, Minnetonka, Richfield, and St. Louis Park. Overall, the 8-
community west metro DWSMA delineated in this study is generally smaller than the combination of the
individual city DWSMAs delineated previously but has a similar overall spatial coverage. The primary
reason for the decrease in the size of the 8-community west metro DWSMA is the updates made to the
methodology used to calculate the fracture flow pumping rate. The extent of the 8-community west
metro DWSMA is discussed and contrasted with the previous individual city DWSMA in detail in Appendix
G.
7.0 Well Vulnerability Assessment
MDH evaluated the vulnerability of the municipal wells to contaminants released at the ground surface.
The evaluation parameters include geology, well construction, pumping rate, and water quality.
The following wells are classified as vulnerable:
• Bloomington wells 1, 2, 3, 4, 5, and 6
• Chanhassen well 11
• Eden Prairie wells 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16
• Edina wells 2, 3, 4, 6, 7, 8, 11, 12, 13, 15, 16, 17, 18, 19, and 20
• Hopkins wells 1, 4, 5, and 6
• Minnetonka wells 10, 10A, 11, 11A, 13, 13A, 14, 14A, 15, 15A, 16A, and 16B
• Richfield wells 1, 2, 3, 4, 5, and 6
• Saint Louis Park wells 4, 6, 10, 14, 15, and 16
All wells not listed above are classified as not vulnerable. Copies of the MDH well vulnerability scoring
sheets for the wells are included in Appendix H.
39
8.0 Drinking Water Supply Management Area
Vulnerability Assessment
The vulnerabilities within the 8-community west metro DWSMA were evaluated in a manner consistent
with MDH guidance for assessing aquifer vulnerability (Minnesota DNR, 1991) (MDH, 2011) using geologic
sensitivities and water quality data from the municipal wells.
The first step in the assessment is to determine the geologic sensitivity rating of the aquifer. The geologic
sensitivity was taken from Part B (Hydrogeology) of the county geologic atlases for Hennepin and Carver
County (Bauer, 2009; Berg, 2021). The Minnesota Department of Natural Resources defines geologic
sensitivity based on the travel time of water moving vertically from the surface to the aquifer of interest as
follows:
• Sensitivity = Very High: vertical travel time is hours to months
• Sensitivity = High: vertical travel time is weeks to years
• Sensitivity = Moderate: vertical travel time is years to decades
• Sensitivity = Low: vertical travel time is several decades to a century
• Sensitivity = Very Low: vertical travel time is more than a century
With the exception of Chanhassen wells 5, 6, and 11, all municipal wells for this study are screened within
the bedrock. According to Carver County Geologic Atlas, Chanhassen wells 5, 6, and 11 are open to the Sx
buried sand and gravel aquifer. Where present, the geologic sensitivity of the Sx buried sand and gravel
aquifer is typically classified as very low, though there are small areas of higher sensitivity. For bedrock
wells screened above the Eau Claire Aquitard (Section 2.1), the geologic sensitivity was based on a
modified version of the “bedrock surface pollution sensitivity” dataset from the Hennepin County and
Carver County geologic atlas. The methodology used to calculate the geologic sensitivity presented in the
county geologic atlases only considers unconsolidated sediments. The Glenwood Formation is known to
act as confining unit where present in Hennepin County. To account for this, the geologic sensitivity was
assumed to be low where the Glenwood Formation is present. A similar approach was used in the
previous assessment of geologic sensitivity conducted for St. Louis Park (Source Water Solutions, 2015).
The following process was used to develop a composite geologic sensitivity map using the bedrock
surface pollution sensitivity dataset, the Sx aquifer pollution sensitivity dataset, and the extent of the
Glenwood Formation:
1. For areas where the Glenwood Formation is present, any pollution sensitivity greater than low was
set to low. Pollution sensitivities of very low were not modified in these areas.
2. For areas of Carver County where the Sx aquifer is present, the maximum sensitivity was taken
from the bedrock sensitivities or Sx aquifer sensitivity (whichever was greatest).
3. For areas where the Sx aquifer or Glenwood formation are not present, the sensitivity was taken
directly from the bedrock surface pollution sensitivity dataset.
40
Wells below the Eau Claire aquitard (i.e. wells open to the Mt. Simon Sandstone) were assumed to have a
very low sensitivity. A map of the geologic sensitivity is presented in Appendix I. Geologic sensitivity is low
to very low over a majority of the 8-community west metro DWSMA, though regions of higher geologic
sensitivity do occur.
Geologic sensitivity was then mapped to vulnerability using the following classifications:
• Very low and low geologic sensitivity was mapped to low vulnerability,
• Moderate geologic sensitivity was mapped to moderate vulnerability, and
• High and very high geologic sensitivity was mapped to high vulnerability.
The vulnerability computed from the geologic sensitivity was summarized by taking the maximum
vulnerability within each section quarter-quarter. Vulnerability classifications which accounted for less
than 5% of the total quarter-quarter were not included in the maximum vulnerability assessment. For
example, if a quarter-quarter contained a vulnerability distribution of 3% high, 50% medium and 47% low,
it would be aggregated to a vulnerability of medium. This was done to provide a conservative mapping of
the vulnerability which aligned with legal boundaries for implementation purposes.
The second step in the assessment is to refine the vulnerability computed from the geologic sensitivity
using water quality data from the water supply wells. Water quality data used in the analysis were
provided by MDH and is presented in Appendix I. In their source water assessment program, MDH uses a
classification scheme that rates the vulnerability of groundwater to surface contamination based on
sampling data for a list of parameters that indicate man-made impacts or similarity to rainwater (MDH,
2011) and gives some indication of relative groundwater residence time in the subsurface. There are five
main categories lettered A to E in descending order of vulnerability, ranging from Category A which
indicates that groundwater has been recharged rapidly from precipitation to Category E which indicates
old, saline groundwater with a very long residence time in the subsurface. The categories are generalized
below:
• Category A - Groundwater is likely to be impacted by recharge over a time period in which
pathogenic organisms are likely to remain viable, and the well is at risk to contamination.
• Category B - Groundwater is being impacted by land and water use practices that may contribute
pathogens to groundwater.
• Category C - Groundwater receives a significant component of post-1953 recharge, as defined by
tritium content, but no human-caused contaminants have been detected.
• Category D - Groundwater receives recharge over a time period that is greater than 50 years.
Pathogens are absent, but other long-lived indicators of human-caused contamination may be
present, such as breakdown products of fuel and industrial solvents.
• Category E - Saline - groundwater that has resided for a long enough period of time to acquire a
high level of mineralization and may exhibit a saline or briny taste.
41
The classification also considers tritium (3H) concentrations in the wells. Tritium activities peaked during
atmospheric hydrogen bomb testing of the 1950s and 1960s, and values of 3H in precipitation reached a
maximum of approximately 10,000 TU (tritium units) in 1963 (Mazor, 2004). Natural production of 3H in
the upper atmosphere introduces approximately 5 TU to precipitation each year (Mazor, 2004). Because
3H has a relatively short half-life of 12.43 years, radioactive decay since the bomb peak has reduced
tritium activities to near background levels and 3H is used mostly for relative age dating today.
Groundwater that has little or no detectible 3H is stated to be “vintage” or pre-bomb. Groundwater with
detectable concentrations of 3H is stated to be “young” or post-bomb. The presence of tritium at
concentrations above 0.8 TU indicates the presence of a significant fraction of post-1953 (i.e., recently
infiltrated) water in the groundwater sample.
In addition to tritium, the detection of 1,4 Dioxane and other VOCs where also evaluated. 1,4 Dioxane was
analyzed separately from other VOCs because 1,4 Dioxane is highly miscible in water, travels quickly in the
subsurface, and is relatively non-reactive, making in a useful “indicator” compound of anthropogenic
surface impacts. PFAS compounds were not considered.
All wells with non-detects of tritium were classified as Category D (Pre-1953), unless they had a detection
of VOCs or 1,4 Dioxane. Wells with tritium detections or wells without tritium data were classified based
on other water quality data. Wells with a VOC or 1,4 Dioxane detection, or tritium detection above 0.8 TU
were assigned to Category B regardless of the chloride and bromide concentrations, as the presence of
the anthropogenic pollutants suggests surface impacts.
No wells were classified as Category A (Rapid recharge), 52 wells were classified as Category B
(Groundwater is being impacted by land and water use practices), three were classified as Category C
(Post-1953 unimpacted), and 13 wells were classified as Category D (Pre-1953). The remaining wells
lacked sufficient data for classification or the water quality did not fit into any category. A summary of the
water quality data and classifications is presented in Appendix I. When water quality data does not
indicate the presence of tritium or other constituents that are consistent with contamination from the
surface the aquifer vulnerability classification and the geologic sensitivity rating can be the same. The
presence of tritium or anthropogenic pollutants in groundwater samples from a well suggests that the
water traveled vertically from the ground surface to the aquifer in less than several decades. When tritium
or anthropogenic pollutants have been detected in a well, geologic sensitivity ratings of low or very low
would not be consistent with water quality data, unless groundwater flow information would indicate a
nearby connection to an area of rapid vertical movement of water (e.g., a buried bedrock valley filled with
sand and gravel) where water could travel from the surface to the aquifer quickly enough that tritium
could be detected in a well with a geologic sensitivity rating of low or very low. If there is no hydraulic
connection to an area of rapid vertical movement of water, the aquifer vulnerability would need to be
classified as no lower than moderate to explain the presence of tritium or anthropogenic pollutants in the
well.
The water quality information was used to update the vulnerability computed from the geologic
sensitivity. For wells classified as category B, if the combined 10-year porous media and fracture flow
capture zone of the well did not contain areas of high vulnerability, the minimum DWSMA vulnerability
42
was specified to be ‘moderate’. In other words, a low vulnerability within the 10-year porous media
capture zone would be increased to moderate. If the combined 10-year capture zone of the well did
contain areas of high vulnerability, no adjustment was made. No adjustments were made to the DWSMA
vulnerability based on the delineated SWCAs (see Section 5.3). The final DWSMA vulnerability is presented
in Figure 8-1.
Figure 8-1 DWSMA Vulnerability. The vulnerability of the 8-community west metro DWSMA is
generally low to moderate, though there are regions of high vulnerability. The geologic sensitivity
is primarily determined by the geologic sensitivity, and modified locally based on water quality
considerations.
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9.0 Recommendations for Additional Data
Collection
Additional water quality data collection is recommended to refine the delineation SWCAs and DWSMA
vulnerability. Synoptic groundwater sampling of bromide, chloride, nitrate, sulfate, total coliform, E. coli,
ammonia and dissolved oxygen is recommended for all wells. This data will allow all wells to be classified
to MHD water quality categories A through E (see Section 8.0). Additionally, tritium sampling is
recommended at wells without tritium data or with very old tritium data where this data would be helpful
in refining the water quality classification. Finally, stable isotope data collection is recommended at wells
with a potential for surface water connection. A summary of the recommended water quality data
collection is presented in Appendix J.
10.0 Supporting Data Files
The groundwater model files and GIS files are included in Appendix K
The groundwater model can be reviewed using MODFOW 6. MODPATH files can be reviewed using
MODPATH Version 7.
All coordinates in the modeling files are based on UTM NAD 83 Zone 15 N datum. Elevations are in
meters above mean sea level (m MSL). Time units are days. Length units are meters.
The GIS files have been named according to the MDH conventions. Shapefiles are in UTM NAD83 Zone
15 N datum.
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11.0 References
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