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HomeMy WebLinkAboutCity Council - 05/20/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, May 20, 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. Friends of Eden Prairie Parks II. Electric Bicycle Update Council Chambers III. Open Podium IV. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, May 20, 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. Human Rights Award Presentation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, May 6, 2025 B. City Council Meeting held Tuesday, May 6, 2025 VII. Consent Calendar A. Award contract for Liquor Store 2 Solar on Public Buildings grant project to Apadana Energy, LLC B. Award contract for 2025 guardrail replacements to H&R Construction Co. C. Accept proposal and authorize contract for Richard T. Anderson W Overlook restoration with Landbridge Ecological services CITY COUNCIL MEETING AGENDA May 20, 2025 Page 2 D. Approve change order #1 for additional stormwater basin work at the Miller Park Court Facility Project E. Approve purchase of 33 laptops, keyboards, and docks for Police squad cards from Preferred Communications VIII. Public Hearings and Meetings A. Adopt Resolution vacating part of Lot 1, Block 1, Boulder Ridge of Eden Prairie Addition Drainage and Utility Easements IX. Payment of Claims X. Ordinances and Resolutions A. Approve first reading of an Ordinance amending City Code Section 2.86 relating to disposal of abandoned motor vehicles and unclaimed, found, and surplus property B. Approve first reading of an Ordinance amending City Code Sections 9.05 related to Minnesota State Fire Code and Section 10.01 related to Minnesota State Building Code C. Approve first and second readings of an Ordinance amending City Code Section 5.37 relating to peddlers and Section 5.40 relating to gambling XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney CITY COUNCIL MEETING AGENDA May 20, 2025 Page 3 XIV. Other Business XV. Adjournment City Council Agenda Cover Memo Date: May 20, 2025 Section: Presentations and Proclamations Item Number: IV.A. Department: Community Development / Housing and Community Services Julie Klima / Paja Xiong ITEM DESCRIPTION The Human Rights Award recognizes an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. The Human Rights and Diversity Commission has selected an individual, non-profit organization, and youth recipient for the 2025 award. Human Rights and Diversity Chair, Greg Leeper, will introduce the award and the Mayor will present the award. The recipients of the 2025 Human Rights Award are: Non-Profit Organization: Mission Animal Hospital Individual: Rachel Casper Youth: Naim Umar REQUESTED ACTION No formal action requested. SUMMARY Non-Profit Organization: Mission Animal Hospital Founded in 2014, Mission Animal Hospital has been in Eden Prairie since 2015 operating as the only non-profit full-service animal hospital in the United States, and as one of the largest hospitals in Minnesota. Mission Animal Hospital serves nearly 25,000 pet visits each year and helps over 6,500 families. Mission Animal Hospital upholds the values of the Eden Prairie Manifesto through their dedication to prioritize their services to low-income individuals and families who may face financial barriers in providing for the needs of their pets. Mission Animal Hospital uses a reduced fee model to make these services accessible and has also been innovative in accessibility by providing on-site mental health care and referral services to clients. Currently, Mission Animal Hospital is expanding translation services for non-English speaking clients as part of their "Compassion in Every Language" program. Individual: Rachel Casper Rachel Casper upholds the values of the Eden Prairie Manifesto through her dedication to creating an inclusive and supportive environment to all, especially through her work as the Director of Children and Family Ministries. Rachel has spearheaded the church’s Autism Ministry which has resulted in a dedicated sensory-friendly space, adapted worship resources such as headphones, sensory walls, and specialized toys, and most notably, organizing a free, week-long adaptive Bible camp which attracts families statewide. Rachel’s dedication to autism awareness has led her to proactively identify and dismantle barriers to resource access for children with autism and have allowed her to directly assess individual disparities to ensure equitable participation and access to programming. Through her work, Rachel has fostered inclusiveness for individuals with diverse identities, especially those from marginalized communities, and has created a safe, accepting space for those who often feel excluded. Youth: Niam Umar Niam Umar upholds the values of the Eden Prairie Manifesto through his dedication to stepping up as a leader to drive progress on creating a safe and equitable space for all, especially through sports. Niam started a non-profit soccer organization that eliminates the financial barrier and gives underprivileged kids the opportunity to play a sport they love. What began as a grassroots effort has now grown into a full-fledged program with over 30 kids. Niam works to actively identify and remove barriers that prevent youth from accessing organized sports such as financial hardship, transportation, equipment, and access to safe training environments. By being dedicated to equity, Niam created a donation-funded model that eliminates participation fees and provides uniforms, gear, and coaching at no cost. Niam is a dedicated leader and engages with families and the community to build a culturally inclusive and supportive environment for the youth. Through his work, Niam has fostered an environment where every youth feels seen, valued, and included regardless of their background, identity, or ability. Human Rights and Diversity Commission members are: Greg Leeper, Chair John Urbanski Babar Khan, Vice Chair Savannah Riese Asad Aliweyd Shalanda Berry Brenda Pfahnl Shana Bates Danielle Burton-Haselrig Susan Weaver Jessica Oaxaca Wendi Russo Jody Knight ATTACHMENTS None. Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, May 6, 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: Audit Shareholder Caroline Stutsman, Finance Manager Tammy Wilson, and SouthWest Transit CEO Eric Hansen MEETING AGENDA Heritage Rooms I. 2024 Audit Report and Financial Statements 5:30 to 6 p.m. Getschow welcomed BerganKDV Audit Shareholder Caroline Stutsman and Finance Manager Tammy Wilson. Case noted financial transparency and resident trust is of utmost importance. Getschow stated an independent financial statement audit is required annually by law. Stutsman explained City staff are responsible for the preparation and fair presentation of the financial statements. BerganKDV was hired to provide an opinion on the City’s financial statements. BerganKDV issued an unmodified or clean opinion, meaning the financial statements are fairly stated in all material respects. Additionally, BerganKDV audits internal control compliance in accordance with Government Auditing Standards. There was one internal control finding and no compliance findings. Case asked for detail on the internal control finding. Stutsman stated there was one accounts payable entry above threshold that needed to be reclassified, not an uncommon occurrence. Stutsman explained General Fund revenues increased four million dollars in 2024. Most of the CITY COUNCIL MEETING AGENDA May 06, 2025 Page 2 increase was in taxes and special assessments from the levy increase. Intergovernmental revenue increased from the school liaison officer reimbursement, and charges for services increased from rising registration and memberships. General Fund expenditures increased $3.3 million mostly due to increased wages in police, fire, and parks and recreation. The facilities user charge also increased. Stutsman displayed General Fund budgeted revenues and expenditures compared to actual results. Revenue was $3.8 million over budget due to conservative budgeting in licenses and permits and interest income. Additionally, more police and fire aid was received than expected. Total expenditures were under budget by $800 thousand. Naryanan asked if funds can be carried over year to year. Getschow answered it depends on the fund and fund balance policies. Most years excess revenue is transferred to the Capital Improvement and Maintenance fund for capital projects. Stutsman explained General Fund cash and investments has steadily increased over the past five years. The City is in compliance with its fund balance policy. Stutsman next covered enterprise fund. The Water Operations fund has an operating loss of $1.8 million due to the meter change out project. The Water Operations fund is covering 40 percent of depreciation expense. Narayanan asked if funds are accrued for future projects. Getschow confirmed Narayanan was correct. Funds accumulate for a few years and then the balance is spent down. Case asked if the high expenses in 2022 was due to the water meter change out project. Ellis stated $8 million was invested in a ground storage reservoir in 2022. Narayanan asked if funds were borrowed for that project. Ellis confirmed debt was issued for the project. Narayanan asked if common expenses are allocated to this fund. Getschow confirmed common expenses such as IT and facilities are allocated to funds. Stutsman explained the Wastewater Operations fund had an operating revenue increase due to a rate increase. Expenses were higher due to Metropolitan Council environmental Services user fees. Operating income is covering 77 percent of depreciation expense. Narayanan asked how residents are billed for wastewater and asked if there was a meter. Ellis confirmed winter water usage is used as a wastewater charge as there is no irrigation or other outside water during winter months. Narayanan asked if commercial and apartment complexes are the same. Ellis CITY COUNCIL MEETING AGENDA May 06, 2025 Page 3 confirmed those properties have separate meters for in-building use and irrigation use. Case asked if the depreciation expense will eventually catch up to the City. Ellis confirmed Capital Improvement Plan (CIP) projects are budgeted for 10 years, the CIP is fully funded based on projected revenue and cash balances. Stutsman explained both revenues and expenses increased for the Stormwater Operations fund from the prior year. This fund is fully covering depreciation expense. Narayanan asked if we receive any grants for the Stormwater Operations fund. Ellis confirmed there are multiple revenue sources including grants and investment income. Stutsman next covered the Liquor Operations fund. Sales were down slightly from the prior year, a 0.8 percent decrease. Cost of sales decreased 1.8 percent. Gross profit percentage increased from the prior year, and is higher than two comparable cities and the metro municipal average. Stutsman displayed a chart including the City’s tax capacity, the certified tax levy, and tax capacity rates. The tax capacity increased more than the tax levy, leading to a decrease in the tax capacity rate. Case noted it is excellent news signaling a growing tax capacity and a healthy economic environment. Narayanan asked if tax capacity is the value of the City real estate. Getschow confirmed tax capacity is real estate value multiplied by the individual tax rates. Compared to homes valued at $500 thousand in ten cities, Eden Prairie has the eighth lowest City tax. The Council thanked Stutsman for the presentation and Wilson and finance staff for the work preparing the statements. II. 2024 Southwest Transit Year in Review 6 to 6:30 p.m. Getschow introduced SouthWestTransit (SWT) CEO Erik Hansen. Hansen explained SWT offers three services: Transit (bus routes), Shuttle (special event shuttles), and Prime (on-demand rideshare). The most popular Prime pickup location was Fountain Place Apartments, followed by SW Station and Arrive Apartments. The most popular drop off locations were the EP Mall, followed by SW Station and Fountain Place Apartments. 84 thousand of 140 thousand Prime riders started or ended their trips in Eden Prairie. Narayanan asked how late Prime is offered. Hansen confirmed it is available through 6:30 p.m. Total ridership in 2024 was almost 538 thousand, an increase of almost 21 percent, mostly due to special event shuttles. The shuttle CITY COUNCIL MEETING AGENDA May 06, 2025 Page 4 service provided transit to new events in 2024 including the renaissance festival. Hansen explained SWT started a new 686 route with service from SW Station to the MSP terminals, which has doubled ridership month over month. 1,800 riders used the 686 route in April. Narayanan asked how long the route takes. Hansen confirmed the express route is 35 minutes to the airport. Overnight parking at SW Station is $5 per night, considerably cheaper than other airport parking. The route is served with 12 passenger cutaway busses with bucket seats and luggage racks. Narayanan asked how much the 686 route cost. Hansen confirmed during peak hours the route is $3.25, off peak hours is $2. Narayanan noted SWT will have difficulties recovering money. Hansen confirmed SWT does not make money on any services. The 686 route is 80 percent grant funded for the next three years. Hansen stated SWT is looking at how to serve a larger service area. SWT is anticipating expanding Prime into new service areas such as Carver County. Carver County is allocated 17 percent of the new sales tax, about $1.8 million in the first year. This sales tax can be used to fund a few categories including transit. Southwest Station is the most significant mobility hub in the area, increasing with the lightrail in 2027. SWT has received a $60 thousand grant for an electric bike rental program. Additionally, the autonomous vehicle pilot program may be expanded in 2025. Hansen explained a new sales tax was instated two years ago. 83 percent goes to the Metropolitan Council and the remaining 17 percent goes to counties. None of the tax goes directly to any transit agency. There are limitations on what can be charged for a fare. SWT is constantly trying to determine how much money they will have and does not have a sustainable source of revenue. Toomey asked if the Metropolitan Council provides revenue from the sales tax to transit providers. Hansen explained most of SWT’s funding is from the motor vehicle sales tax. The Metropolitan Council has historically allocated funds to SWT, however it is within their control. In theory, the Metropolitan Council could choose to not provide funding to SWT and there would be no recourse options. Additionally, SWT receives federal funding, however instability at the federal level may affect the funding. Narayanan asked if SWT has any electric vehicles. Hansen said four electric coach busses will be in service later this year, bringing the total up to 11 electric vehicles. Narayanan asked if there is CITY COUNCIL MEETING AGENDA May 06, 2025 Page 5 enough range for the electric coach buses to go downtown. Hansen explained weather performance can have a large effect, but theoretically the coach busses should have enough range to make it downtown. Hansen explained SWT is positioned as a leader in the industry. They will soon be the transit agency in the country to install an automatic passenger counter system. Freiberg noted SWT was voted top public transportation in the State last year. The Council thanked Hansen for his time and presentation. Council Chambers III. Open Podium IV. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, May 6, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order Mayor Case called the meeting to order at 7:00 p.m. All Council Members were present. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Heritage Preservation Award Heritage Preservation Commissioner Rod Fisher explained that the Heritage Preservation award recognizes an individual, a family, or a business who has made an outstanding contribution to Eden Prairie’s historic resources. The recipient of the 2025 Heritage Preservation Award is the Eden Prairie Schools. Eden Prairie Superintendent Josh Swanson, Executive Director of Marketing and Communications Dirk Tedmond, and Director of Marketing and Communications Grace Becker were present to receive the award. Mr. Swanson thanked the City for the recognition. B. Hennepin County Commissioners Edelson and Goettel Debbie Goettel, Hennepin County Commissioner District 5, explained the role of County Commissioners and that Eden Prairie covers falls into two Districts. The County supports capital improvements, public works, resident services, human services, operations and disparity reduction, health, and law, safety, and justice. CITY COUNCIL MEETING AGENDA May 06, 2025 Page 2 The County prioritizes affordable housing, business mentoring, expanding school-based mental health services, and supporting locally-embedded County social workers. Heather Edelson, Hennepin County Commissioner District 6, noted that human services include access, aging, and disability services, mental health and substance use services, reports of vulnerable adults and child abuse, and economic supports, child support, and well-being. Hennepin County Public Safety focuses on supporting growing mental health needs, radio communication, and the Department of Community Corrections and Rehabilitation. Ms. Edelson pointed out that she recently toured the Hennepin County Environmental Health Facility, the Eden Prairie Community Center, and the Eden Prairie India Palace. Ms. Goettel added that the County offers grants to support the tree canopy, youth activities, and business recycling. She provided details on the various grant programs. Ms. Edelson stated that there are a number of transportation projects in and around Eden Prairie. Capital Projects include the Pioneer Trail Bridge Replacement and the Eden Prairie Road Bridge Replacement. As for preservation projects, the County has been working on pavement presentation on Pioneer Trail, pavement preservation on Eden Prairie Road, and bridge preservation on Town Line Road. Narayanan asked how the Federal funding has impacted Hennepin County. Ms. Goettel stated there are two grants that the County did not receive. Otherwise, the budget hasn’t passed, so they don’t know what financial impacts there will be. Any cuts wouldn’t impact the County for one or two years. Even after the Federal government distributes funds, then the State also has to make a distribution choice. The County is preparing for potential cuts. Ms. Goettel added that Hennepin County received COVID-19 aid which has helped them to become more efficient which will help to offset future cuts. C. 2024 Annual Comprehensive Financial Report This item was addressed after D. Senior Awareness Month Proclamation. D. Senior Awareness Month Proclamation Markle listed the senior events planned for the month. She explained the purpose of the Proclamation is to recognize the contributions and accomplishments of Eden Prairie Seniors to the community. CITY COUNCIL MEETING AGENDA May 06, 2025 Page 3 Gayl Smith, Senior Advisory Council Member, thanked Staff for their support of the senior community. Ursula Dickenson and Jane Davis introduced themselves as well. Case read the Proclamation in full. C. 2024 Annual Comprehensive Financial Report Getschow explained that Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The report was prepared by the Finance Division and audited by the independent auditing firm of BerganKDV. Caroline Stutsman, Audit Shareholder, pointed out that BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. BerganKDV issued an unmodified opinion which is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Ms. Stutsman showed a graph comparing General Fund revenues over the past few years. Ms. Stutsman next showed a graph depicting the General Fund expenditures over the past few years. She explained there is a notable increase due to the expenses for Parks and Recreation, Police, and Fire. She also showed a table of a budgetary comparison for the General Fund. Ms. Stutsman showed a graph with the General Fund operations including the total revenues, total expenditures, cash and investment balance, and unassigned balance for each year since 2020. Case pointed out that $30 million is not banked each year. Instead, it is carried over to the following budget year. Ms. Stutsman showed a graph depicting the tax capacity, levy, and rates since 2020. The tax capacity increased over time, but the tax capacity rate has decreased. Case explained how the decrease in tax rate is a phenomenal story to tell of the City of Eden Prairie. MOTION: Freiberg moved, seconded by Nelson, to accept the 2024 Annual Comprehensive Financial Report. Motion carried 5-0. V. Approval of Agenda and Other Items of Business MOTION: Toomey moved, seconded by Naryanan, to approve the agenda as published. Motion carried 5-0. CITY COUNCIL MEETING AGENDA May 06, 2025 Page 4 VI. Minutes MOTION: Naryanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, April 15, 2025, and the City Council meeting held Tuesday, April 15, 2025, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Marshall Gardens by Lake West Development, LLC. Approve the second reading of Ordinance No. 08-2025-PUD-02-2025 for a PUD District Review with Waivers on 8.03 acres and Zoning District changes from Rural to R1-9.5 on 8.03 acres, Rural to RM-2.5 on 9.78 acres, and Rural to Parks and Open Space on 12.78 acres, adopt Resolution No. 2025-046 approving a Site Plan Review on 9.78 acres, and adopt Resolution No. 2025-047 conditionally approving the Development Agreement for Marshall Gardens C. Adopt Resolution No. 2025-048 approving the Marshall Gardens final plat D. Adopt Resolution No. 2025-049 approving limited use permit for a municipal entry monument sign on I-494 south of County Road 62 E. Adopt Resolution No. 2025-050 approving Dell Road Improvement Project appraisal value and property acquisition F. Approve change order no. 2 for Eden Prairie Road Watermain Rehabilitation project G. Approve Willow Creek Road feasibility amendment H. Enter into sub-grant agreement with Homes Within Reach for purchase of house using Met Council Grant award I. Award contract for 2025 Carmel Park hardcourt surface rehabilitation to Bituminous Roadways, Inc. J. Approve installation of Miller Park fence enclosure K. Approve Riley Lake volleyball court fence replacement L. Authorize professional services agreement for Valley View Road trail and sidewalk project with Houston Engineering M. Approve Hennepin County West Metro Drug Task Force cooperative agreement CITY COUNCIL MEETING AGENDA May 06, 2025 Page 5 N. Direct staff to not waive the monetary limits on tort liability established by Minnesota Statute 466.04 O. Approve contract for new website products and services with Granicus, LLC MOTION: Nelson moved, seconded by Narayanan, to approve Items A-O on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings IX. Payment of Claims MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment MOTION: Toomey moved, seconded by Narayanan, to adjourn the meeting. Motion CITY COUNCIL MEETING AGENDA May 06, 2025 Page 6 carried 5-0. Mayor Case adjourned the meeting at 8:00 p.m. Respectfully Submitted, _______________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: May 20, 2025 Section: Consent Calendar Item Number: VII.A. Department: Public Works/Engineering – Jennifer Fierce, Sustainability Coordinator ITEM DESCRIPTION The City of Eden Prairie received a second Solar on Public Buildings Grant from the Minnesota Department of Commerce to help offset costs of installing a 40-kW AC solar system at the Den Road Eden Prairie Liquor Store #2 building. As part of the grant process, the City issued an RFP for design and construction services and Apadana Energy, LLC was selected as the “best value” proposal at a total of $99,986. REQUESTED ACTION Move to: Award Contract for Construction Services to Apadana Energy, LLC for Solar on Public Buildings Grant project at Liquor Store #2. SUMMARY Eden Prairie was awarded a Solar on Public Buildings Grant from the MN Department of Commerce to install 40 kW of solar at Fire Station #1 in their first round of funding. Construction has started on that project, and it should be completed by early June. In the second round of funding the City submitted Eden Prairie Liquor #2 as a potential site and was approved by Commerce to move forward by issuing an RFP for services. Five responses were received and scored, and Apadana Energy was selected as the “best value” vendor. The 40-kW system will provide over 1 million kWh of energy over its life and has an estimated simple payback of 3.8 years. The Solar on Public Buildings Grant will cover $49,993 of costs, and Federal Direct Pay ITC will cover $29,996. The net cost to the City is $19,997 and will be paid out of the sustainability budget. ATTACHMENTS Construction Services Contract – Apadana Energy (rev. 6/2024) Construction Contract This Contract (“Contract”) is made on the 20th day of May, 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Apadana Energy, a Minnesota limited liability company (hereinafter "Contractor") whose business address is 3401 Nevada Avenue North, Minneapolis, MN 55427. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Eden Prairie Liquor Store #2, 8018 Den Rd., Eden Prairie, MN 55344 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1.Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all theprovisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be ineffect in any manner. 2.Grant Contingency. The parties agree and acknowledge that this Contract is expressly contingent on the City’s receipt of a grant from the State of Minnesota through the Solar on Public Buildings program. If the City does not receive grant funding from the State for anyreason, the City may, in its sole discretion, terminate this Contract before Contractor beginsthe Work. 3.Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall becompleted by December 31, 2025. 4.Compensation for Services. City agrees to pay the Contractor a fixed sum of $99,986 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a.Any changes in the scope of the work which may result in an increase to thecompensation 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. Standard Construction Contract (rev. 6/2024) Page 2 of 14 b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 5. Method of Payment. Within ten (10) business days of execution of this Contract by both parties, City agrees to pay to Contractor a down payment of $4,999. For all other amounts due by City under the Contract, the Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. 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. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate from the Commissioner of Revenue shall satisfy this requirement. 6. 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 Standard Construction Contract (rev. 6/2024) Page 3 of 14 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 Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 7. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 9. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 10. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. Standard Construction Contract (rev. 6/2024) Page 4 of 14 The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 11. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 12. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 13. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 14. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 15. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: Standard Construction Contract (rev. 6/2024) Page 5 of 14 a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 16. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: Standard Construction Contract (rev. 6/2024) Page 6 of 14 a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 17. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 18. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 19. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual Standard Construction Contract (rev. 6/2024) Page 7 of 14 relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 20. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Standard Construction Contract (rev. 6/2024) Page 8 of 14 Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do Standard Construction Contract (rev. 6/2024) Page 9 of 14 business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. 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. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs Standard Construction Contract (rev. 6/2024) Page 10 of 14 and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. Standard Construction Contract (rev. 6/2024) Page 11 of 14 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Construction Contract (rev. 6/2024) Page 12 of 14 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this 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 Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. Standard Construction Contract (rev. 6/2024) Page 13 of 14 39.Waiver. Any waiver by either party of a breach of any provisions of this Contract shallnot affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _____Chief Executive___ Standard Construction Contract (rev. 6/2024) Page 14 of 14 EXHIBIT A Proposal/Scope of Work 3401 Nevada Ave N. Minneapolis, MN 55427 Eden Prairie Liquor Store Roof Top Solar Proposal Apadana (entity submitting this RFP) 3401 Nevada Ave. N Minneapolis, MN 55427 Suite 2A www.apadanatechnology.com This proposal and pricing has been reviewed and Approved:_________________________ Apadana LLC: Ahmad Kian, President Apadana Energy LLC Lev Buslovich, President 612-636-1241 lev@apadanatechnology.com EXHIBIT A To: Jennifer Fierce, Sustainability Coordinator, Eden Prairie: Please accept this submission as our company’s response to your solar project at Eden Prairie Liqour Store #2, 8018 Den Road, Eden Prairie, MN. We are pleased to offer a solution that will provide the city will a top-quality installation while performing at the highest level. Our company, Apadana Energy, is an engineering company that places a high priority on technical precision. Our team took a long look at your project and the priorities you’ve listed in your request. Although there is more room on the roof for more panels, this system will meet the requirements of the Solar for Public Buildings grant, create an excellent return on investment, and not interfere with other components already on the roof. Overview of Principal Elements Figure 1: Overview of proposed system, size 44.41 kW DC / 39.9 kW AC. Pictured (107) 415W panels total. Darker areas represent more projected shading. Pictured above is the proposed 44.41 kW DC / 39.9 kW AC roof top mounted solar system. A 39.9 kW AC inverter is used to comply with the Solar for Public Buildings (SPB) grant requirements. We intend to self-perform this project and will provide whatever support is needed to apply for the grant. Jason Meyers, the master electrician, will be the crew lead on site and will oversee engineering decisions as they pertain to installation. Please see attached org chart for other personnel. Project Summary Solar panels were placed along the eastern edge of the roof, as this is the largest sections of area available relatively free of obstructions such as vents and other equipment. Solar panels are also kept away from pathways and the roof hatch, allowing ease of access to all mechanical equipment. All condenser units are freely accessible from all sides, and pathways to all are maintained to get to the equipment. The wiring from the solar panels will be transferred over the roof surface through electrical conduit (tubing). It will then go over the edge and onto the exterior western wall of the building. The destination will be the electrical room where the meter and CT cabinet for the liquor store are located. Outside of the electrical room will be mounted a utility disconnect as required by the power company. Inside the electrical room will be the inverter and fused disconnect switch for the solar system. Although the inverter is outdoor rated, keeping it inside will be easier on the equipment and should help with reliability in the long run. The fused disconnect will provide over current protection as required by the National Electrical Code. The system will then be terminated at the CT cabinet for the utility meter, ensuring the correct meter is chosen as there are many others in the room. Minor unknowns for the project include exact conduit routes and wall space available inside the electrical room. Conduit routes will be visible however located on top of the roof or on the less visible back wall of the building. Exact dimensions of electrical equipment may change depending on availability and could result in locations changing. Schematic Design Layout Figure 2: Utility disconnect located outside of the electrical room with proposed conduit route drawn above. The design incorporates required offsets from Minnesota building codes. A minimum 4’ perimeter will be kept free of solar panels from the edge of the roof. A pathway in the middle of the array is also incorporated into the design as required by building codes. This also eases access to the eastern edge of the roof. The proposed location of the panels is also away from existing obstructions and should not present an obstacle to accessing anything on the roof. A clear pathway is present to each condenser unit/AC unit on the roof for future maintenance, and a 4’ setback is maintained on all sides for access. The solar panels are also kept off of any existing pathways on the roof. The 4’ perimeter around the roof and a break in the middle of the array should provide access to all other parts of the roof. All obstructions are also accessible. We planned to maintain easy serviceability to all mechanical equipment on this roof, as the liquor store likely uses significant refrigeration and servicing that equipment may be regularly required. New installed electrical equipment will be a utility disconnect located outside of the electrical room, a fused disconnect located inside the electrical room and the inverter also inside the electrical room. Conduit will first travel down the exterior wall and into the electrical room. The wiring will then go to the inverter to be terminated there. The inverter will convert DC power from the solar panels to AC power that is compatible with the grid. The output wiring of the inverter will then go back outside to the utility disconnect, which is required to be readily accessible without key 24/7 by the utility. This will also allow emergency personnel to disconnect the solar array without inside access. Figure 3: Proposed location of equipment located inside electrical room The conduit will then travel back inside to the fused disconnect. From the fused disconnect, electrical conduit will be laid across the walls of the room to reach the CT cabinet, where the wires will finally terminate and connect the solar system to the rest of the building. Care will be taken to clearly indicate the correct meter and confirm with the city/utility. There are many other meters in the area going to other units. The CT cabinet is rated at 400A which should be more than sufficient for the solar system size. The report assumes the meter labeled “LIQUOR STORE” will be the meter the city wants the solar power fed to. This will mean the power production of the solar array will offset the energy usage of this meter only. Please note if the city wants to change what meter to connect to, these proposed plans may have to change. Figure 4: Meter and CT cabinet labeled "LIQUOR STORE" was assumed to be the meter the city wants the solar connected to. The solar production will therefore offset the energy usage on this meter only. Cost/Financial Analysis Please see the attached proposal for breakdown of project cost, incentives, grants, system performance, degradation, and savings over 25 years. Prevailing Wage Apadana’s pricing incorporates 2024 Hennepin County prevailing wage and equipment recycling. Certified Payroll reports will be provided as part of the requirements for this project. Timeline/Project Schedule Below outlines major milestones. Our current schedule assumes the contract will be executed on April 30th of 2025 and construction begins late September of 2025. Final completion would occur in late December of 2025. However, it may change depending on winter conditions, utility approvals, and unexpected delays in equipment. Schedule assumes construction will be performed during normal working hours (7am – 5pm). Apadana will work with the city to extend the proposal offer to timeline requirements, including council approval, grant approval or others. A crew of builders and electricians will be on site during construction. Work vehicles will park as to not impede the work of the building, and Apadana will work with the building to set designated parking areas if desired. Working hours and hoisting plan will be coordinated with the facility if Apadana is awarded the project. Who is Apadana Apadana is a full-service Engineering, Procurement, and Construction (EPC) firm for government, non-profit, commercial, utility-scale and residential solar. We have a strong team of experienced electricians, ten (10) staff engineers, full-time supply chain professionals, and solar industry experts. Apadana has extensive experience working on the interconnection processes and incentives with Midwest electrical companies, including cooperative, municipal, and investor-owned utilities. Contracting Licenses • Certified Minority Business Enterprise (MBE) under CERT • Certified Small Business Enterprise (SBE) under CERT • MN Residential Building Contractor License # BC752078 • MN Class A Electrical Contractor License # EA727018 • Multiple engineers on staff holding Minnesota Professional Engineering (PE) registrations for photovoltaic/electrical, structural, and civil work. • NABCEP Cert #: PVA-072722-014495. See attached. • Certified designer and installer for Tesla Solar, EV Chargers, and Powerwall • Certified designer and installer for Sonnen Solar + Battery Storage • OSHA Fall Protection and Safety Course Certifications • Certified Master Black Belt in Lean Six Sigma through CLOE and Pivotal • Certified in Project Management through PMI and PMP Key Personnel Project Team Structure 2 Experience and References School District Name: Private School Site: Torah Academy Size: 132 kW DC Location: St. Louis Park, MN Description: This private school’s rooftop solar system was commissioned in February of 2024. It features 324 ZNShine 410 watt panels generating 149,924 kWh of solar power in its first year. Close coordination between Apadana and Torah Academy was required for planning construction, hoisting and safety. Reference: Joshua “J.B” Borenstein – Executive Director jborenstein@torahacademymn.org 952-285-8610 School District: N/A Site: City of Little Canada – SPB Grant Project Size: 21.2 kW DC Location: Little Canada, MN Description: Solar for Public Buildings is structured in nature similar to Solar for Schools due to the application process and funding efforts put forth behind it. Apadana provided a <1 week turn-around time to provide necessary documents for the grant application process. Funding for this project was awarded in October. Reference: Bill Dircks - Public Works Director bill.dircks@littlecanadamn.org 651-766-4049 School District: N/A Site: Hennepin County Libraries Size: 95kW DC + 309 kW DC + 108 kW DC Location: Minneapolis, MN Description: Apadana is working with Hennepin County to install 500+ kW DC of solar across 3 separate libraries – Ridgedale, St. Louis Park and North Regional. Construction hours were limited to set timeframes to prevent disturbing library quiet hours. All onsite Apadana personnel underwent a background check as part of the pre-construction process. Reference: Krista Nebraska krista.nebraska@hennepin.us 3 Project Experience and References - Extended School District: N/A Site: City of St. Louis Park Fire Station #1 Size: 100.45 kW DC/99.99 kW AC PV Location: St. Louis Park, MN Description: Commissioned in the summer of 2024, this system features a 100-kW ballasted flat-roof solar PV system with SolarEdge inverters. Due to limited roof space, Unirac RM-10 evo racking was used to maximize the DC size. The SolarEdge inverters with power optimizers provide maximum power production under shaded conditions with the additional benefit of module level monitoring and a public kiosk view. Reference: Jason Eisold JEisold@stlouisparkmn.gov 952.924.2547 School District: 272 Site: CEF’s Eden Prairie Community Center CSG Size: 1,084 kW DC / 780 kW AC Location: Eden Prairie, MN Description: This Community Solar Garden (CSG) was made possible by a group effort between the City of Eden Prairie and CEF. Located next door to Eden Prairie High School, close planning was required to avoid impact to normal school operations and ensure student safety. The system went live in July of 2024 and is one of 5+ completed and 2 ongoing CEF’s CSG projects contracted to Apadana. Reference: CEF - Dan Grantier (he/him/his) dan@cooperativeenergyfutures.com School District: N/A Site: Hank’s Specialties Size: 311 kW DC/240kW AC PV + 50kWh/30kW BESS Location: New Brighton, MN Description: Commissioned in the end of 2023, this system features a 311 kW fully ballasted flat-roof solar PV system plus 3-phase BESS system. The BESS is sized to provide 1-day of emergency backup power for the office loads in the event of grid outages. Hybrid Inverter utilized for battery operation with solar. Reference: Bruce Grachek bruce@hanksspec.com 4 Selection of key equipment and layout of equipment This array features Tier-1 415W ZnShine modules, mounted to a ballasted racking system from Unirac. This means no roof penetrations are required to secure the solar panels, rather the racking and panels are weighed down to the roof using ballast blocks. The panels used are bifacial, although we predict the gains from this will be minimal due to roofing material existing. A single SolarEdge 43.2 kW 208V inverter will be used for this system. This will eliminate the need for additional equipment to accommodate multiple inverters, and be more reliable by minimizing the amount of failure points. The inverter is Smart-grid Rule 21 compatible and UL1741-SB certified which meets all requirements set by the utilities’ Technical Service Manual. All other equipment shown is UL listed. The inverter will be limited to 39.9 kW AC in software to comply with grant requirements. This will be acceptable with Xcel. The system also features optimizers. The will maximize energy production despite partial shading on the array such as from AC equipment, condensors, clouds or other roof features by allowing the system to bypass shaded panels. This instead of allowing these shaded panels to drag down performance of all adjacent panels. This is especially relevant in this case as there are many AC units present which will cast shade on only 1 or 2 panels, Electrical Equipment: • Inverters: (1) SolarEdge 43.2 kW AC (may be substituted with newer SolarEdge model) o Model No: SE43.2KUS o CEC Efficiency: 97% • Modules: (107) ZnShine ZNShine 415W Tier-1 Bifacial PV Modules or equivalent o Model No: ZXM7-SHLDD108 o 21.17% efficiency o Year 1 degradation 2%; 0.45% for years 2-30 • SolarEdge Optimizer Model No: S1201 or equivalent • Racking: Unirac Ecofoot 2+ Ballasted 10-degree racking w/ windscreen • Monitoring: SolarEdge Monitoring, cellular connection • 200A Fused PV AC Disconnect • 200A Non-fused Utility Disconnect Performance of equipment components, and subsystems with accompanying reports Aurora, a solar production and design program, was used to estimate the energy production of the proposed system. NREL weather station data for this area was used to simulate irradiance levels which is used to estimate real-world production values. Provided consumption data for the building was used to estimate energy use. Annual Production: 43,673 kWh (without snow load losses, annual production is estimated at 49,475 kWh) Production Estimation Engine: Aurora Weather Dataset: NREL-PSM, 44.85, -93.42 5 Figure 5: Energy consumption and solar production by month Monthly energy usage was taken from the provided data in the RFP. System losses, including snow cover, module mismatches, connections, light induced degradation, wiring, soiling, and system availability were accounted for. Snow loss data was derived from real world historic data of comparable systems installed in Minnesota collected by Apadana, with a summary of losses seen below. This data was collected from various other installations in the same geographic area. Production estimates assume the most conservative conditions. Figure 6: Total system losses with snow losses by month. Loss include snow loss, module mismatch, connections, light induced degradation, wiring, soiling, and system availability More detailed loss estimates are found below. Parameters used for the system simulation are also listed out in detail. 6 Figure 7: Detailed loss break down above, with parameters used for the simulation listed out below Figure 8: LiDAR map of site. Red shades represent taller objects, blue lowest. LiDAR data was used to estimate shading in the area. Shading from the surrounding area is minimal, with some shading possible at very end of the day from the building to the west. However, this building has tall parapets, AC units/condensers that will shade the panels. These obstacles are reflected in the energy production estimates. Specifications for equipment procurement and installation Please see attached data sheets at the end of this document. Installation manuals available on request due to size limitations (100+ pages for the installation manuals) Controls, monitors, and instrumentation Apadana provides all customers with the inverter manufacturer’s monitoring programs, including web-based and app- based monitoring which Apadana continues to monitor over the system life. The inverter will use a cellular connection for data connection. Lifetime Wi-Fi based internet connection comes standard with the system. Apadana will work with the IT department if they desire to have ethernet connection. 7 The SolarEdge inverter will be monitored on the manufacturer's online monitoring program. This portal has advanced monitoring capabilities such as alert notifications and more. A kiosk view can be set up to display system production to the public. Operation and maintenance service plan: Apadana offers several comprehensive and flexible O&M and warranty plans to support long-term system performance. Every installation includes a 25-year Operations and Maintenance (O&M) plan that covers all Apadana-provided workmanship and labor. Our in-house engineering team actively monitors systems and addresses any issues promptly, often identified through shared monitoring apps. If any equipment fails within the manufacturer’s warranty, Apadana coordinates the full replacement process. At the time of system interconnection, we provide an O&M manual that includes operational guidelines, warranty information, supplier contacts, and equipment specifications. For additional protection, Apadana partners with a national solar insurance provider to offer an optional 30-year warranty covering all equipment and labor. We also offer a range of supplemental options, including: • Extended 20-year inverter warranties • Deinstall/reinstall services for roof repairs • Secure storage of spare panels for future maintenance Warranties/Guarantees The 10-year complete system and operational power capacity warranty is met by the following warranties: • Inverter: 10 years standard • Module: 12-year material and 30-year production with a 15.02% degradation at year 25 (ZnShine) • Racking: 25 Years (Unirac) • Installation: 10-year installation workmanship warranty (Apadana) • Monitoring: Lifetime SolarEdge monitoring (requires data connection) Product warranties are held by the respective manufacturer warranty. Apadana guarantees the minimum output of the system shall be 85% of our production estimates for the duration of our O&M warranty. Our guarantee excludes variables not within our control such as acts of mother nature, utility grid issues, tampering or equipment delays. Apadana’s solution incorporates technology enabling real-time display system production. The price quote includes time for setup and training of the dashboard. • T-E.2.1.0 Preliminary Design System Size: 44.4 kW DC / 107 Panels Eden Prairie Liquor Store Project Cost 1st Year Net Cost $19,997 $99,986 Contact: *Price Valid Until 8018 Den Rd, Eden Prairie, MN 55344 4/24/2025 Rev 1 Environmental Benefits Total Revenue $313,399 1,934,566 lbs. of CO2, which is equivalent to 14,685 trees growing for 10 years Ben Ganje 612-280-7469 ben.ganje@apadanatechnology.com *Zero out-of-pocket financing available Cash Payback 3.8 Years *Assumes all grants/incentives are received 6/23/2025 28.35% *30 years cumulative; system can operate beyond 40 years *Internal Rate of Return on 30 years 44,985 kWh in 1st year; 1,256,130 kWh over 30 years • IRR TRUE © ApadanaSolarTech.com 3401 Nevada Ave N, Minneapolis, MN 55427 (612) 636-1241 • • • 25 Year Optimizer Warranty • SolarEdge Inverters and Power Optimizers • 10 Year Installation Workmanship Warranty • Ecolibrium Ecofoot 2+ Racking T-E.2.1.0 What kind of material will be installed? What will my system size be? • 25 Year Racking Warranty Monocrystalline 415 Watt Bi-Facial ZNShine Tier 1 Panels or Equivalent • 12 Year Inverter Warranty YOUR SOLAR SPECS *Consumption data is estimated with the 1 months of supplied usage data -Extendable to 20 years YOUR PRODUCT WARRANTIES 44.4 kW, 107 panels -Extendable to 25 Years What are my warranties? • 30 Year Panel Production Warranty Solar Utility 38% Energy Offset 0 5000 10000 15000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec kWh MONTHLY PRODUCTION Consumption*Production ($50,000) $0 $50,000 $100,000 $150,000 $200,000 $250,000 0 5 10 15 20 25 30 0 5 10 15 20 25 30 Payback: <1 Yrs Loan Payback: 3.8 Yrs Cash Cumulative Cash Flows © ApadanaSolarTech.com 3401 Nevada Ave N, Minneapolis, MN 55427 (612) 636-1241 HOW MUCH WILL IT SAVE ME (AND THE PLANET)? $29,996 in tax savings $19,997 $239,023 worth of projected utility savings! Price valid until: I intend to 4,999.00$ Commitment Fee for Engineering & Permitting 59,992.00$ Material Procurement and Mobilization 29,996.00$ Project Installation 4,999.00$ Project Completion Balance T-E.2.1.0 This document represents a Letter of Intent (LOI). Signature of this LOI is a binding contract indicating that both parties are intending to install a solar system as proposed in this LOI. Both parties agree to use reasonable business efforts to negotiate in good faith a construction contract that includes but is not limited to the financial milestones presented in this LOI. The initial non-refundable payment of the Commitment Fee for Engineering and Permitting is due upon signature of this LOI. Additionally, upon receipt of payment, Apadana shall proceed by conducting additional due diligence and engineering. Upon completing engineering work, both parties shall negotiate in good faith a construction contract that binds each party to finish the installation of the solar array identified in this LOI. By signing this proposal/ contract, you authorize Apadana LLC to apply for electrical permit, building permit, and electrical inspection if required. I accept the solar system proposal by Apadana Energy LLC dba Apadana Solar Technologies. 6/23/2025 Rev 1 Over the 30-years Name of authorized representative Signature Date You get back For a net cost of Your initial payment $99,986 or $2.25/watt, full turnkey design and installation YOUR SOLAR FINANCES Pay CashPay Cash PPA Finance © ApadanaSolarTech.com 3401 Nevada Ave N, Minneapolis, MN 55427 (612) 636-1241 Total Project Cost $99,986 Utility Xcel - No incentives Installed Cost ($/Wdc)$2.25 Starting Cost of Electricity $0.1120 Project Payback (Years)3.8 System Capacity (kW DC)44.41 Internal Rate of Return (IRR)28.4%Number of Modules 107 Prepared for Eden Prairie Liquor Store Proposal ID Rev 1 (CASH)Current Customer Usage (kWh/yr)119,773 8018 Den Rd, Eden Prairie, MN 55344 Pricing expires 5/24/2025 Total Net Savings (30 yr life)$213,413 Portion to be offset by solar 38% Year Production*Demand**Incentives***Investment Tax Credit (30%) Federal Depreciation State Depreciation Annual Cumulative 0 $49,993 $29,996 -$99,986 ($19,997)($19,997) 1 44985 $5,038 $133 $5,171 ($14,826) 2 44760 $5,189 $135 $5,323 ($9,503) 3 44537 $5,343 $137 $5,480 ($4,022) 4 44314 $5,503 $139 $5,642 $1,619 5 44092 $5,667 $141 $5,808 $7,427 6 43872 $5,836 $143 -$600 $5,379 $12,806 7 43652 $6,010 $145 $6,155 $18,961 8 43434 $6,189 $147 $6,337 $25,298 9 43217 $6,374 $150 $6,523 $31,821 10 43001 $6,564 $152 $6,716 $38,537 11 42786 $6,760 $154 -$600 $6,314 $44,851 12 42572 $6,961 $157 $7,118 $51,969 13 42359 $7,169 $159 $7,328 $59,296 14 42147 $7,383 $161 $7,544 $66,840 15 41937 $7,603 $164 $7,766 $74,607 16 41727 $7,830 $166 -$8,200 ($204)$74,403 17 41518 $8,063 $169 $8,232 $82,634 18 41311 $8,304 $171 $8,475 $91,109 19 41104 $8,551 $174 $8,725 $99,834 20 40899 $8,806 $176 $8,983 $108,817 21 40694 $9,069 $179 -$600 $8,648 $117,464 22 40491 $9,339 $182 $9,521 $126,985 23 40288 $9,618 $184 $9,802 $136,788 24 40087 $9,905 $187 $10,092 $146,880 25 39886 $10,200 $190 $10,390 $157,270 26 39687 $10,504 $193 -$600 $10,097 $167,367 27 39488 $10,818 $196 $11,013 $178,381 28 39291 $11,140 $199 $11,339 $189,720 29 39095 $11,473 $202 $11,674 $201,394 30 38899 $11,815 $205 $12,019 $213,413 Total 1,256,130 -$110,586 NOTE: Actual future performance, values, and returns for each specific solar installation cannot be guaranteed. ⁰ Module degredation 0.50%⁰ Annual degradation based on Apadana and industry data. Annual degradation 0.5%. * Rate escalation 3.50%* Calculated using current utility rates for your customer class, extrapolated forward at an estimated annual rate escalation. ** Demand savings 7.80%** Based on analysis of data from a broad mix of actual, operating installations *** Incentives based on current utility programs, includes Xcel PV Demand Credit Rider calculated to be $0.03/kWh † Fed. & state tax rate 32% & 8.5%† Employs modified accellerated depreciation, customer should consult a tax advisor, bonus depreciation may be available. ‡ Includes cell card replacements (avoidable w/ internet access) and intverter replacement at estimated (extended warranty available) INVESTMENT SYSTEM Solar Production [kWh]⁰ Revenue Tax Benefits †Cost & Operating Expense ‡ Cash Flow $294,003 $29,996 $213,413 ASSUMPTIONS NOTES © ApadanaSolarTech.com 3401 Nevada Ave N, Minneapolis, MN 55427 Prepared by: Apadana Prepared for:Eden Prairie Liquor Store Proposal ID:3401 Nevada Ave N 8018 Den Rd, Eden Prairie, MN 55344New Hope, MN 55427 Date:4/24/2025Solar@apadanatech.com Offer Expire:5/24/2025 www.ApadanaSolarTech.com Total Project Cost 99,986$ System Type Grid-tied Solar PV Starting Cost of Elec. ($/kWh)***0.112Installed System Cost ($/Watt)2.25$ System Capacity (DC kW)44.405 Rate Escalation (%/year)3.5%Number of Modules 107 7.8%Federal Investment Tax Credit (ITC)29,996$ Approximate Module Area (sq. ft)3,696 Federal Tax Rate N/A Incentives 49,993$ State Tax Rate N/A Tax Savings -$ Avg Utility Electric Rate ($/kWh, 30 yrs)0.174$ Loan Amount 99,986$ Cost Net of Incentives & Tax Savings 19,997$ Average Solar Cost ($/kWh, 30 yrs)0.016$ Loan Term (years)20Loan Interest Rate (%/yr)6.00%Project Payback (Years)N/A Current Annual Consumption (kWh)119,773 Year 1 Module Degradation 0.5%Year 2+ Module Degradation 0.5% Cumulative Solar Savings (30 yrs)152,080$ Solar Portion of Electric Consumption 38%Utility Provider Xcel - No incentives Year System Production [kWh] Production & Energy Savings* [$] Demand Savings** [$] Incentives / Grants / Rebate [$] Investment Tax Credit [$] Federal Depreciation [$] State Depreciation [$] Loan Payment [$] Annual Cash Flow [$] Cumulative Cash Flow [$]Year 1,256,130 239,023$ 4,987$ 49,993$ 29,996$ -$ -$ (171,919)$ 152,080$ 0 49,993 29,996 - - 79,989 79,989 0 1 44,985 5,038 133 - - - - (8,596) (3,425) 76,564 1 2 44,760 5,189 135 - - - - (8,596) (3,272) 73,292 2 3 44,537 5,343 137 - - - - (8,596) (3,116) 70,176 3 4 44,314 5,503 139 - - - - (8,596) (2,954) 67,222 4 5 44,092 5,667 141 - - - - (8,596) (2,788) 64,434 5 6 43,872 5,836 143 - - - - (8,596) (2,617) 61,817 6 7 43,652 6,010 145 - - - - (8,596) (2,441) 59,376 78 43,434 6,189 147 - - - - (8,596) (2,259) 57,117 8 9 43,217 6,374 150 - - - - (8,596) (2,073) 55,044 9 10 43,001 6,564 152 - - - - (8,596) (1,880) 53,164 10 11 42,786 6,760 154 - - - - (8,596) (1,682) 51,482 11 12 42,572 6,961 157 - - - - (8,596) (1,478) 50,003 12 13 42,359 7,169 159 - - - - (8,596) (1,268) 48,735 13 14 42,147 7,383 161 - - - - (8,596) (1,052) 47,683 14 15 41,937 7,603 164 - - - - (8,596) (829) 46,854 1516 41,727 7,830 166 - - - - (8,596) (600) 46,253 16 17 41,518 8,063 169 - - - - (8,596) (364) 45,889 17 18 41,311 8,304 171 - - - - (8,596) (121) 45,768 18 19 41,104 8,551 174 - - - - (8,596) 129 45,897 19 20 40,899 8,806 176 - - - - (8,596) 387 46,284 20 21 40,694 9,069 179 - - - - - 9,248 55,532 21 22 40,491 9,339 182 - - - - - 9,521 65,053 22 23 40,288 9,618 184 - - - - - 9,802 74,855 2324 40,087 9,905 187 - - - - - 10,092 84,947 24 25 2 39,886 10,200 190 - - - - - 10,390 95,337 252 26 39,687 10,504 193 - - 10,697 106,034 26 27 39,488 10,818 196 - - 11,013 117,048 2728 39,291 11,140 199 - - 11,339 128,387 28 29 39,095 11,473 202 - - 11,674 140,061 29 30 38,899 11,815 205 - - 12,019 152,080 30 Totals 1,256,130 239,023$ 4,987$ 49,993$ 29,996$ -$ -$ (171,919)$ 152,080$ *The numbers above are estimates based on industry standards complied by a 20 year average of geo-specific data. Actual numbers may vary. ***Starting electricity rate based on utility bills provided, will increase annually Rev 1 (LOAN) INVESTMENT SNAPSHOT SYSTEM SNAPSHOT INPUT DATA & ASSUMPTIONS FINANCIAL DETAILS Post-Solar Demand Savings © ApadanaSolarTech.com 3401 Nevada Ave N, Minneapolis, MN 55427 SPB ##-#### Financial Modeling Inputs Brief Justification Degradation 0.5%NREL research on median rates / this rate sourced from module spec sheet To model energy production, and to obtain Y1 Energy Production, Developer used _Aurora software, which estimates System annual energy production using site-specific historical solar resource data; actual energy production will vary year to year. Modeling inputs used in PVwatts include snow losses, shade losses, total losses, and DC to AC ratio, detailed and justified above. Using PVwatts base loss assumptions, increasing for snow loss above DC to AC ratio Inverter replacement cost is an estimate/known value based on _current and future industry pricing trends__. O&M costs through duration of 20Y PPA contract are to be covered in cost by Developer at no additional cost to Applicant. [OR] O&M costs Y1 - Y5 are covered by Developer through 5Y O&M contract for a cost of $_Please contact Apadana for individual plan_. For Y6-Y25, Applicant has indicated they will take over System O&M through Facilities team at no additional cost to them. 1.110 44.4/40 Snow Loss 10%Snow Loss Expected Using , aurora loss estimate Each year, the energy production is decreased by Degradation Rate. Electric Rate is Applicant's specific utility $/kWh charge; it doesn't include demand charge savings. While demand charge savings are likely in some capacity, they aren't guaranteed. Each year's Electric Rate beyond Y1 is increased by the Rate Escalator. Multiplying each year's production by its Electric Rate gives that year's Electric Savings value. Totalling all 25 years, gives the $182,267 25Y Electric Savings. Y1 Production (kWh)44,985 Using PVwatts (or other modeling program) at install site, with above losses for system size Total Losses 14.30% PPA Payments, with no upfront payment, total $_____ over 20 years. A $_____ Upfront Payment ($_____ Solar on Public Buildings grant and $____ Applicant contribution), results in a PPA Buydown Discount of $________. This, when combined with the dollar-for-dollar reduction from the Upfront Payment, results in final PPA payments totalling a $_____. See full 25Y cashflow chart for annual breakdown. PPA not offered Removal and Recycling costs include a labor estimate for removal, based on _past Apadana removal/reinstall projects__. Recycling costs totalling $_2140_ are based on current costs of recycling of $20/panel (which includes transportation fees). These values, especially the recycling cost, will likely change by the end of the System's life, as the recycling market in MN and the USA expands. Applicant will be fully responsible for end of life removal and recycling costs. $______ Developer Financing is the remaining System cost, to be covered by Developer per PPA contract terms, after $______ Upfront Payment towards the Install Cost. PPA not offered Values and Input Expanded Explanations and Justifications: Range of 2-4% is solar industry standard, 3.5% selected with utility input. 3.50%Rate Escalator Y1 Electric Rate 0.1120 Calculated from Applicant electric utility bill (less demand charges) SPB ##-#### 1 44985.00 0.1120$ $5,038.32 2 44760.08 0.1159$ $5,188.59 3 44536.27 0.1200$ $5,343.34 4 44313.59 0.1242$ $5,502.70 5 44092.03 0.1285$ $5,666.82 6 43871.57 0.1330$ $5,835.83 7 43652.21 0.1377$ $6,009.89 8 43433.95 0.1425$ $6,189.13 9 43216.78 0.1475$ $6,373.72 10 43000.69 0.1526$ $6,563.82 11 42785.69 0.1580$ $6,759.59 12 42571.76 0.1635$ $6,961.19 13 42358.90 0.1692$ $7,168.81 14 42147.11 0.1752$ $7,382.62 15 41936.37 0.1813$ $7,602.80 16 41726.69 0.1876$ $7,829.56 17 41518.06 0.1942$ $8,063.07 18 41310.47 0.2010$ $8,303.56 19 41103.91 0.2080$ $8,551.21 20 40898.39 0.2153$ $8,806.25 21 40693.90 0.2229$ $9,068.89 22 40490.43 0.2307$ $9,339.37 23 40287.98 0.2387$ $9,617.92 24 40086.54 0.2471$ $9,904.78 25 39886.11 0.2557$ $10,200.19 Cumulative 1,059,664 $183,272 Additional Notes from Developer: Electric Rate (per kWh) Electric Savings 25Y System Production and Electric Rate Savings Year System Production (kWh) SPB ##-#### Item Details/Notes Value ($) Building Install Cost Directly Purchased by Local Government $99,986 Replace Inverters Estimate $8,200 Removal/Recycling Estimate of Future Costs $32,100 $140,286 Item Details Value ($) Solar on PB Grant $49,993 ITC Invest Tax Credit 30%$29,996 Electric Savings Savings $183,272 $263,261 $122,975 Local Government Authorized Representative Name Title System 25Y CashflowIncome/ SavingsTotal Applicant 25Y Income/Savings X _________________________________________________________ Total Applicant 25Y ExpensesExpenses:□As Applicant Authorized Representative, my signature signafies comprehension of this analysis,an understanding that System 25Y Cashflow represents a potential 25Y System cashflow as designed,and indicates Applicant's authorization in moving forward with the System as designed. solaredge.com Power Optimizer For North America S1201 SolarEdge's most advanced, cost-effective Power Optimizer for commercial and large field installations Greater Energy Yields High efficiency (99.5%) with module-level MPPT, for maximized system energy production and revenue, and fast project ROI Supports high power and bifacial PV modules, and high string current for more power per string Maximum Protection with Built-In Safety Designed to automatically reduce high DC voltage to touch-safe levels, upon grid/inverter shutdown, with SafeDC™ Includes SolarEdge Sense Connect, allowing continuous monitoring to detect overheating due to installation issues or connector-level wear and tear Lower BoS Costs Flexible system design enables maximum space utilization and up to 2x longer string lengths, 50% less cables, fuses and combiner boxes Supports connection of two PV modules in series with easy cable management and fast installation times Simpler O&M Module-level system monitoring enabling pinpointed fault detection and remote, time-saving troubleshooting POWER OPTIMIZER 25 YEAR WARRANTY © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: May 1, 2024 DS-000131-NAM. Subject to change without notice. Power Optimizer For North America S1201 Power Optimizer Model S1201 (Typical Module Compatibility) (for up to 2 x high power or bifacial modules) Units INPUT Rated Input DC Power(1) 1200 W Absolute Maximum Input Voltage (Voc) 125 Vdc MPPT Operating Range 12.5 – 105 Vdc Maximum Short Circuit Current (Isc) of Connected PV Module 15 Adc Maximum Adjusted Short Circuit Current (with Safety Factor)(2) 18.75 Adc Maximum Efficiency 99.5 % Weighted Efficiency 98.8 % Overvoltage Category II OUTPUT DURING OPERATION Maximum Output Current 18 Adc Maximum Output Voltage 80 Vdc OUTPUT DURING STANDBY (POWER OPTIMIZER DISCONNECTED FROM INVERTER OR INVERTER OFF) Safety Output Voltage per Power Optimizer 1±0.1 Vdc STANDARD COMPLIANCE Photovoltaic Rapid Shutdown System NEC 2014 – 2023 EMC FCC Part15, IEC 61000-6-2, and IEC 61000-6-3 Safety IEC62109-1 (class II safety), UL1741, UL3741, CSA C22.2#107.1 Material UL94 V-0, UV Resistant RoHS Yes Fire Safety VDE-AR-E 2100-712:2013-05 INSTALLATION SPECIFICATIONS Compatible SolarEdge Inverters All commercial three phase inverters Maximum Allowed System Voltage 1000 Vdc Dimensions (W x L x H) 129 x 155 x 59 / 5.08 x 6.10 x 2.32 mm / in Weight 1106 / 2.4 gr / lb Input Connector MC4(3) Input Wire Length 1.6 / 5.25(4) m / ft Output Connector MC4 Output Wire Length (+) 5.3 (-) 0.10 / (+) 17.38, (-) 0.32 m / ft Operating Temperature Range(5) -40 to +85 / -40 to +185 ˚C / ˚F Protection Rating IP68 / NEMA6P Relative Humidity 0 – 100 % (1) The rated power of the module at STC will not exceed the power optimizer Rated Input DC Power. Modules with up to +5% power tolerance are allowed. (2) Adjusted for ambient temperature, irradiance, bifacial gain, safety factor, and so on, in accordance with NEC and CSA. (3) For other connector types please contact SolarEdge. (4) The Sense Connect feature is only enabled on the output cable connectors. (5) For ambient temperatures above +65°C / +149°F, power derating is applied. S1201 Mechanical Drawing S1201 Mechanical Drawing © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: May 1, 2024 DS-000131-NAM. Subject to change without notice. Power Optimizer For North America S1201 PV System Design Using a SolarEdge Inverter(6)(7)(8)(9) 208V Grid 208V Grid 277/480V Grid 277/480V Grid SE10K SE17.3K* SE20K, SE30K SE40K* Compatible Power Optimizers S1201 Minimum String Length Power Optimizers 8 10 15 15 PV Modules 15 19 29 29 Maximum String Length Power Optimizers(8) 30 30 30 30 PV Modules 60 60 60 60 Maximum Continuous Power per String 7200 8820 15,300 15,300 W Maximum Allowed Connected Power per String(9) 1 string – 8400 1 string – 10,020 1 string – 17,550 2 strings or less – 17,550 W 2 strings or more – 10,600 2 strings or more – 13,000 2 strings or more – 23,000 3 strings or more – 23,000 Parallel Strings of Different Lengths or Orientations Yes Maximum Difference in Number of Power Optimizers Allowed Between the Shortest and Longest String Connected to the Same Inverter Unit 5 Power Optimizers *The same rules apply for Synergy units of equivalent power ratings, that are part of the modular Synergy Technology inverter. (6) S1201 cannot be mixed with any other Power Optimizers models in the same string. (7) For each string, a Power Optimizer may be connected to a single PV module if: 1) Each Power Optimizer is connected to a single PV module or 2) It is the only Power Optimizer connected to a single PV module in the string. (8) When connecting to inverters that support Rapid Shutdown, each string must contain fewer than 28 power optimizers to meet NEC Rapid Shutdown requirements. (9) To connect more STC power per string, design your project using SolarEdge Designer. Ballasted Racking System Base UL-Listed ASA based resin is a durable material commonly used for automotive and construction products. Wire Clips are built-in for easy wire management. Class A fire rated and UL2703 Certified. Universal Clamp The preassembled Universal Clamp is ready to go right out of the box. Simply drop the Clamp into the Base. Integrated Bond Pin achieves integrated grounding without the use of grounding washers. Fits 30-50mm module frames with a single component. Wind Deflector Corrosion-resistant wind deflector on every module helps minimize uplift, reduce ballast requirements and carries UL2703 validated ground path from modules and racking components. Installer-Preferred for Low-Slope Roofs Three Main Components. The Ultimate in Speed and Simplicity. Contact: 740.249.1877 | sales@ecolibriumsolar.com | www.ecolibriumsolar.com Pure Performance Unbeatable, Right Out of the Box. No other racking products install flat roof arrays better than EcoFoot2+ Racking Solution. Installers prefer EcoFoot2+ because it’s fast, simple, and durable. The line-up is unbeatable: • Ready-to-go, preassembled components and simple installation • No PV panel prep required: bases self-align • Low-effort roof layout, just two chalk lines required • No training required, 5-minute learning curve Master the Most Challenging Rooftop System Benefits • Low part count • Rapid system deployment • Preassembled Universal Clamp • Increased design flexibility • More ballast capacity • Simplified logistics • Ship up to 50kW per pallet Validation Summary •Certified to UL2703 Fire Class A for Type I and II modules • Certified to UL2703 • Grounding and Bonding • Wind tunnel tested to 150mph • SEAOC seismic compliant • CFD and structurally tested • DNV GL rated at 13.5 panels per installer-hourStackable Bases fit up to 50kW of Bases delivered on a standard pallet. Technical Specifications Dimensions: 26.5"L x 18.25"W x 8.3"H Typical System Weight: 3.5–6 lbs. per sq. ft. Module orientation: Landscape/Portrait Tilt angle: Landscape 10°/Portrait 5° Module inter-row spacing: 18.9” Roof pitch: 0° to 7° Clamping range: 30-50mm Ballast requirements: 4" x 8" x 16" Warranty: 25 years Slip sheets: not required by Ecolibrium Solar. If required by roofer, use 20"x29" under Base. 740-249-1877 | www.ecolibriumsolar.com 507 Richland Avenue, Athens, OH 45701 ©2019 All Rights and Trademarks Reserved EcoFoot2+ Sales Sheet v2.1 121919 Commercial Residential Design Flexibility Wire Management Built-In Three Phase Inverter with Synergy Technology For the 208V Grid for North America SE43.2KUS / SE50KUS 12-20 YEAR WARRANTY Powered by unique pre-commissioning process for rapid system installation Built-in arc fault protection and rapid shutdown Built-in PID mitigation for maximized system performance Monitored* and field-replaceable surge protection devices, to better withstand surges caused by lightning or other events Built-in module-level monitoring with Ethernet or cellular communication for full system visibility Pre-commissioning feature for automated validation of system components and wiring during the site installation process and prior to grid connection Easy 2-person installation with lightweight, modular design (each inverter consists of 3 Synergy units and one Synergy Manager) Independent operation of each Synergy unit enables higher uptime and easy serviceability Built-in thermal sensors detect faulty wiring ensuring enhanced protection and safety *Applicable only for DC and AC SPDs solaredge.com INVERTERS Three Phase Inverter with Synergy Technology For the 208V Grid for North America SE43.2KUS / SE50KUS Applicable to inverter with Part Numbers SExxK-USx2Ixxxx SE43.2KUS SE50KUS OUTPUT Rated AC Active Output Power 43200 50000 W Maximum AC Apparent Output Power 43200 50000 VA AC Output Line Connections 3W + PE, 4W + PE Supported Grids WYE: TN-C, TN-S, TN-C-S, TT, IT; Delta: IT AC Output Voltage Minimum-Nominal-Maximum(1) (L-N) 105-120-132.5 Vac AC Output Voltage Minimum-Nominal-Maximum(1) (L-L) 183-208-229 Vac AC Frequency Min-Nom-Max(1) 59.5 - 60 - 60.5 Hz Maximum Continuous Output Current (per Phase, PF=1) 120 139.5 Aac GFDI Threshold 1 A Utility Monitoring, Islanding Protection, Configurable Power Factor, Country Configurable Thresholds Yes Total Harmonic Distortion ≤ 3 % Power Factor Range +/-0.2 to 1 INPUT Maximum DC Power (Module STC) Inverter / Synergy Unit 64800 / 21600 75000 / 25000 W Transformer-less, Ungrounded Yes Maximum Input Voltage DC+ to DC- 600 Vdc Operating Voltage Range 370 - 600 Vdc Maximum Input Current 3 x 40 3 x 46.5 Adc Reverse-Polarity Protection Yes Ground-Fault Isolation Detection 167kΩ sensitivity per Synergy Unit(2) CEC Weighted Efficiency 97 % Nighttime Power Consumption < 12 W ADDITIONAL FEATURES Supported Communication Interfaces(3) 2 x RS485, Ethernet, Wi-Fi (optional), Cellular (optional) Smart Energy Management Export Limitation Inverter Commissioning With the SetApp mobile application using built-in Wi-Fi access point for local connection Arc Fault Protection Built-in, User Configurable (According to UL1699B) Photovoltaic Rapid Shutdown System NEC 2014, 2017 and 2020, Built-in PID Rectifier Nighttime, built-in RS485 Surge Protection (ports 1+2) Type II, field replaceable, integrated AC, DC Surge Protection Type II, field replaceable, integrated DC Fuses (Single Pole) 25A, integrated DC SAFETY SWITCH DC Disconnect Built-in STANDARD COMPLIANCE Safety UL1699B, CSA C22.2#107.1, Canadian AFCI according to T.I.L. M-07 Grid Connection Standards IEEE 1547, Rule 21, Rule 14 (HI) Emissions FCC part 15 class A (1) For other regional settings please contact SolarEdge support (2) Where permitted by local regulations (3) For specifications of the optional communication options, visit https://www.solaredge.com/products/communication or the Resource Library webpage:https://www.solaredge.com/downloads#,to downloadthe relevantproductdatasheet Three Phase Inverter with Synergy Technology For the 208V Grid for North America SE43.2KUS / SE50KUS Applicable to inverter with Part Numbers SExxK-USx2Ixxxx SE43.2KUS SE50KUS INSTALLATION SPECIFICATIONS Number of Synergy Units per Inverter 3 AC Max Conduit Size 2 ½" in Max AWG Line / PE 4/0 / 1/0 DC Max Conduit Size 1 x 3” ; 2 x 2" in DC Input Inverter / Synergy Unit 12 / 4 pairs; 6-12 AWG Dimensions (H x W x D) Synergy Unit: 22 x 12.9 x 10.75 / 558 x 328 x 273 Synergy Manager: 14.17 x 22.4 x 11.6 / 360 x 560 x 295 in / mm Weight Synergy Unit: 70.4 / 32 Synergy Manager: 39.6 / 18 lb / kg Operating Temperature Range -40 to +140 / -40 to +60(4) ̊F / ˚C Cooling Fan (user replaceable) Noise < 67 dBA Protection Rating NEMA 3R Mounting Brackets provided (4)For power de-rating information refer to: https://www.solaredge.com/sites/default/files/se-temperature-derating-note.pdf © SolarEdge Technologies, Ltd. All rights reserved. SOLAREDGE, the SolarEdge logo, OPTIMIZED BY SOLAREDGE are trademarks or registered trademarks of SolarEdge Technologies, Inc. All other trademarks mentioned herein are trademarks of their respective owners. Date: 08/2021 DS-000037-2.1-NA. Subject to change without notice. ZXM7-SHLDD108 Series POWER RANGE Founded in 1988, ZNShine solar is a world’s leading high-tech PV module manufacturer.With the advanced production lines, the company boasts modulecapacity of 6GW. Bloomberg has listed ZNShine as a global Tier 1 PV module maker. Today Znshine has distributed its sales to more than 60 countries aroundthe globe. IEC 61215/IEC 61730/IEC 61701/IEC 62716/UL6 1730 ISO 9001: Quality Management System ISO45001: Occupational Health and Safety Management System ISO 14001: Environmental Management System MAXIMUM EFFICIENCY Bifacial Technology Up to 25% additional power gain from back side depending on albedo. Anti PID Ensured PID resistance through the quality control of cell manufacturing process and raw materials. TIER 1 Global,Tier 1 bankable brand,with independently certified advanced automated manufacturing. 10BB HALF-CELL Bifacial Double Glass Monocrystalline PERC PV Module 395-415W 21.17% 0.45% Excellent Quality Managerment System Warranted reliability and stringent quality assurances well beyond certified requirements. Better Weak Illumination Response More power output in weak light condition, such as haze, cloudy, and early morning. Key Features Excellent Cells Efficiency MBB technology reduce the distance between busbars and finger grid line which is benefit to power increase. Adapt To Harsh Outdoor Environment Resistant to harsh environments such as salt, ammonia, sand, high temperature and high humidity environment. *As there are different certification requirements in different markets.please contact your local znshine sales representative for the specific certificates applicable to the products in the region in which the products are to be used. *Please check the valid version of Limited Product Warranty which is officially released by ZNSHINE PV-TECH Co.,Ltd. 12 YEARS PRODUCT WARRANTY 30 YEARS OUTPUT GUARANTEE YEARLY DEGRADATION 10BB ZXM7-SHLDD108 Series Znshinesolar 10BB HALF-CELL Bifacial Double Glass Monocrystalline PERC PV Module 36 936 PACKAGING CONFIGURATION Piece/Box Piece/Container(40’HQ) MECHANICAL DATA Solar cells Cells orientation Module dimension Weight Glass Junction box Cables Connectors* Maximum Power Pmax(Wp) Maximum Power Voltage Vmpp(V) Maximum Power Current Impp(A) Open Circuit Voltage Voc(V) Short Circuit Current Isc(A) *NMOT:Irradiance 800W/m²,Ambient Temperature 20℃,AM 1.5,Wind Speed 1m/s ELECTRICAL CHARACTERISTICS 丨 NMOT* 44℃ ±2℃ -0.35%/℃ -0.29%/℃ 0.05%/℃ 70±10% TEMPERATURE RATINGS NMOT Temperature coefficient of Pmax Temperature coefficient of Voc Temperature coefficient of Isc Refer.Bifacial Factor WORKING CONDITIONS *Do not connect Fuse in Combiner Box with two or more strings in parallel connection *Remark:Electrical data in this catalog do not refer to a single module and they are not part of the offer.They only serve for comparison among different module types. DIMENSIONS OF PV MODULE(mm) Front View Back View I-V CURVES OF PV MODULE(400W) P-V CURVES OF PV MODULE(400W) ELECTRICAL CHARACTERISTICS WITH 25% REAR SIDE POWER GAIN Front power Pmax/W Total power Pmax/W Vmp/V(Total) Imp/A(Total) Voc/V(Total) Isc/A(Total) ELECTRICAL CHARACTERISTICS 丨 STC* Voltage [V] Nominal Power Watt Pmax(W)* Power Output Tolerance Pmax(%) Maximum Power Voltage Vmp(V) Maximum Power Current Imp(A) Open Circuit Voltage Voc(V) Short Circuit Current Isc(A) Module Efficiency (%) Current [A]Voltage [V]Power [W]Caution:Please be kindly advised that PV modules should be handled and installed by qualified people who have professional skills and please carefully read the safety and installation instructions before using our PV modules. **Customized packaging is available upon request. *** Mono PERC 108（6×18） 1724×1134×30 mm (With Frame) 24.5±1.0 kg 2.0 mm+2.0mm, High Transmission, AR Coated Heat Strengthened Glass IP 68，3 diodes 4 mm² ,350 mm (With Connectors) MC4-compatible Barcode 1 Junction box Barcode 2 Label Drainage holes Mounting holes Grounding holes Grounding identification 0 5 10 15 20 25 30 35 400 2 4 6 8 10 12 14 16 Incident Irrad. = 1000 W/m²Cells temp. = 25 °C Incident Irrad. = 800 W/m² Incident Irrad. = 600 W/m² Incident Irrad. = 400 W/m² Incident Irrad. = 200 W/m² 0 5 10 15 20 25 30 35 400 100 200 300 400 500 Cells temp. = 25 °CIncident Irrad. = 1000 W/m²Incident Irrad. = 800 W/m²Incident Irrad. = 600 W/m²Incident Irrad. = 400 W/m²Incident Irrad. = 200 W/m² 395 0~+3 30.70 12.87 36.90 13.62 20.15 400 0~+3 30.90 12.95 37.10 13.70 20.41 405 0~+3 31.10 13.03 37.30 13.78 20.66 410 0~+3 31.30 13.10 37.50 13.86 20.92 415 0~+3 31.50 13.18 37.70 13.94 21.17 295.20 28.50 10.34 34.50 11.00 299.00 28.70 10.41 34.70 11.06 302.70 28.90 10.47 34.80 11.13 306.30 29.10 10.54 35.00 11.19 310.10 29.30 10.60 35.20 11.26 415 519 31.60 16.42 37.80 17.36 395 494 30.80 16.03 37.00 16.97 400 500 31.00 16.13 37.20 17.06 405 506 31.20 16.23 37.40 17.16 410 513 31.40 16.32 37.60 17.27 *STC (Standard Test Condition): Irradiance 1000W/m², Module Temperature 25℃, AM 1.5 *Measuring tolerance: ±3% *The data above is for reference only and the actual data is in accordance with the pratical testing *Remark: customized frame color and cable length available upon request *Please refer to regional datasheet for specified connector 1500 V DC -40℃~+85℃ 30 A Up to 5400Pa Maximum system voltage Operating temperature Maximum series fuse Front Side Maximum Static Loading Rear Side Maximum Static Loading Up to 2400Pa Add : 1#, Zhixi Industrial Zone，JintanJiangsu 213251，P.R. China Tel：+86 519 6822 0233 Note: Specifications included in this datasheet are subject to change without notice.ZNSHINE reserves the right of final interpretation © ZNSHINE SOLAR 2022丨Version: ZXM7-SHLDD108 2201.E No special undertaking or warranty for the suitability of special purpose or being installed in extraordinary surroundings is granted unless as otherwise specifically committed by manufacturer in contract document *Bifacial Gain: The additional gain from the back side compared to the power of the front side at the standard test condition. It depends on mounting (structure, height, tilt angle etc.) and albedo of the ground. 1134 17241088 32 18 City Council Agenda Cover Memo Date: May 20, 2025 Section: Consent Calendar Item Number: VII.B. Department: Public Works/Streets – Jake Sandvig ITEM DESCRIPTION Contract for 2025 Guardrail Replacements for replacing guardrails that no longer meet current standards along Anderson Lakes Parkway. The Minnesota Office of State Procurement Contract Release: G-205(5) Contract No. 234381 will be used for the guardrail replacements. REQUESTED ACTION Move to: Award the contract for 2025 Guardrail Replacements with H & R Const. Co. in the amount not to exceed $35,000.00. SUMMARY We are replacing our guardrail sections that no longer meet MNDOT standards. Engineering and Streets have constructed a priority list for replacement and will begin to replace each section of guardrail based on priority level. This list of guardrails will either be replaced per standards or removed as allowed. The funding source for this work is from the CIP for PW ROW Maintenance items. ATTACHMENTS MN State Contract Page 1 of 13 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: G-205(5) DATE: May 5, 2025 PRODUCT/SERVICE: Furnish Guardrail Components and Installation by Region CONTRACT PERIOD: September 1, 2023 through August 31, 2025 EXTENSION OPTIONS: 36 months ACQUISITION MANAGEMENT SPECIALIST/BUYER (AMS): Mandy Flum PHONE: 651.201.3166 E-MAIL: Mandy.Flum@state.mn.us WEB SITE: https://mn.gov/admin/osp/ CONTRACTOR CONTRACT NO. TERMS DELIVERY BRIFEN USA, INC. 234382 NET 30 30 DAYS ARO 12501 N Santa Fe Ave. Oklahoma City, OK 73114 VENDOR NO.: 0000387029 CONTACT: Joe Carey PHONE: 866.427.4336 EMAIL: joe@brifenusa.com FAX: 405.751.8338 CONTRACT PRICING. Click the link below to see pricing for the Furnish Only Guardrail Components. FURNISH ONLY GUARDRAIL COMPONENTS – REGIONS 1-10 Brifen USA, Inc. Exhibit D Price Schedule A Furnish Only CONTRACTOR CONTRACT NO. TERMS DELIVERY ERICKSON BUILDERS & CO. 234383 NET 30 21 DAYS ARO dba ERICKSON INFRASTRUCTURE BASED ON AVAILABILITY 5560 Quam Avenue St. Michael, MN 55376 VENDOR NO.: 0000304186 CONTACT: Rebecca Erickson CELL: 612.910.9962 EMAIL: rebeccae@ericksoninfrastructure.com OFFICE: 763.497.9209 ext.1 CONTRACT PRICING. Click the links below to see pricing for the Furnish and Install Guardrail Components. FURNISH AND INSTALL GUARDRAIL COMPONENTS – REGIONS 3-9 Erickson Infrastructure Exhibit D Price Schedule B Furnish and Install Contract Release G-205(5) Page 2 of 13 CONTRACTOR CONTRACT NO. TERMS DELIVERY H&R CONST CO. 234381 NET 30 7 DAYS ARO P.O Box 756 BASED ON AVAILABILITY Dalton, MN 56324 VENDOR NO.: 0000203941 CONTACT: Anthony Peterson PHONE: 218.589.8707 Ext. 214 EMAIL: anthony@hrconst.com FAX: 218.589.8708 CONTRACT PRICING. Click the links below to see pricing for the Furnish Only Guardrail Components and Furnish and Install Guardrail Components. FURNISH ONLY GUARDRAIL COMPONENTS – REGIONS 1-10 H&R Const Co. Exhibit D Price Schedule A Furnish Only FURNISH AND INSTALL GUARDRAIL COMPONENTS – REGIONS 1-10 H&R Const Co. Exhibit D Price Schedule B Furnish and Install EXHIBIT E - MINNESOTA MAP BY REGION 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. State agencies should make every effort to use the Contractor(s) listed. However, this Contract does not prohibit State agencies from using their delegated local purchasing authority to procure similar products and services from other vendors. STATE AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contractor(s). State agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include their name and phone number. COOPERATIVE PURCHASING VENTURE (CPV) MEMBER ORDERING INSTRUCTIONS. This Contract is available to all CPV members per Minn. Stat. § 16C.03, Subd. 10 and Minn. Stat. § 471.59, Subd. 1. For more information on the Cooperative Purchasing Venture Program, see State web site: https://mn.gov/admin/osp/other-purchasers/cpv/. CPV member orders are to be placed directly with the Contractor(s) and must identify this Contract Release, G-205(5), and the Contractor’s specific contract number. 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. TERMS AND CONDITIONS SECTION I - (APPLIES TO ALL CONTRACTS) SCOPE. The purpose of the contracts is to furnish guardrail components and/or to furnish and install guardrail components. Both types of contracts will be available for all State Agencies and Cooperative Purchasing Venture (CPV) Member agencies on an as needed basis. Contract Release G-205(5) Page 3 of 13 PRICES. Prices are firm through the initial term of the Contract. After that period, prices may increase. Price increases are not effective until they are approved by the AMS. NOTE: At no time should the ordering entity pay more than the Contract price. Agencies must contact the AMS immediately and fill out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. ADDITIONAL DISCOUNTS. The Contractor may offer additional discounts from Price Schedules when providing a quote. Additional available discounts may include, but are not limited to, site/project bundling, quantity discounts, and available promotional discounts. PURCHASE ORDER LIMITS FOR GUARDRAIL COMPONENTS AND INSTALLATION. FURNISH GUARDRAIL COMPONENTS ONLY: Purchase orders for furnishing guardrail components only can be in any dollar amount, there are no minimum or maximum requirements. At the State agency or CPV Member’s discretion, agency or CPV Member’s qualified personnel may install these ground mounted highway safety barriers components they purchase. FURNISH AND INSTALL GUARDRAIL: Individual purchase orders, including associated change orders, issued against the contract for Guardrail installation, either for new installation or for repairs of an existing guardrail, shall be less than $165,000 initially and any change orders to an individual purchase must be limited to $10,000 so the individual purchase order amount does not exceed $175,000, including change orders and unforeseen conditions. Agency requirements for $175,000 or more will be bid and contracted for through established public works construction contracting procedures. BUYING GUARDRAIL COMPONENTS / INSTALLATION “OFF” CONTRACT. State agencies should make every effort to use the Contractor(s) listed. However, this Contract does not prohibit State agencies or CPV members from using their delegated purchasing authority to procure similar goods and services from other Contractors. The State agency or CPV member has discretion to utilize qualified personnel to do their own work even though it may be covered under this Contract. REGIONS WITH NO CONTRACT COVERAGE. Ordering entities that need work performed in a region that is not covered by a Contract are allowed to contact a Contractor who does have a Contract for a region that abuts the region where the work is to be performed. Under such circumstances, the Contractor may agree at their discretion to extend the Contract pricing, terms and conditions on an individual project basis. VERIFYING THE CONTRACT PRICES. The Contract(s) was executed with FIXED PRICING. The pricing offered must match or be lower than that detailed herein. The Contract(s) also includes HOURLY RATES. Confirm that the correct rate has been utilized by the Contractor and that the number of hours are properly calculated/subtotaled. Review the number of hours quoted against the scope of your project. The Contract(s) does allow for COST-PLUS PRICING by Manufacturer for related items not found on the contract. To calculate the Contract Price, follow these four steps: 1. Request a copy of the supplier invoice or supplier quote from the Contractor. 2. Locate the Contractor’s Percentage Mark-up detailed herein (or wherever it can be found on the Contract Release). 3. Apply the Contractor’s Percentage Markup to the cost identified in Item 1. 4. Confirm the price offered is equal to, or lower than, the price calculated in Item 3. Only accept Contractor’s quotes that provide itemized contract pricing. Lump sum price quotes must be rejected and reworked by the Contractor to show itemized State contract pricing. This does not apply to mobilization and traffic control quotes. Prior to accepting an order and/or issuing payment on an invoice, inspect the goods and/or deliverables to ensure they match both the terms and pricing of the contract. Contact the AMS/Buyer detailed herein to report any pricing discrepancies or for assistance in confirming/calculating contract pricing. Contract Release G-205(5) Page 4 of 13 ITEMS OFFERED AS NEW. All products, material, and supplies offered and furnished must be new, of current manufacturer production, and must have been formally announced by the manufacturer as being commercially available as of the date of the solicitation opening, unless otherwise stated on the price schedule. INVOICES. Each invoice at a minimum should include the following: • Customer name • State Contract number field • Purchase Order number field • Actual number of hours worked • Time of day services provided • Crew type utilized • Labor rate applied • Total labor cost • Mobilization quoted rate • Traffic Control quoted rate, if applicable • Item description of the material/parts used • Item quantity • Each material/part’s list price (for cost plus pricing, the actual cost) • Percentage mark up on material for cost plus pricing • Total materials/parts cost • Total amount Invoices for Materials Only (Furnish Only Guardrail Components) • Customer name • State Contract number field • Purchase Order number field • Item description of the material/parts purchased • Item quantity • Each material/part’s list price (for cost plus pricing, the actual cost) • Freight, if applicable • Total amount SECTION II - (APPLIES ONLY TO FURNISH ONLY GUARDRAIL COMPONENTS CONTRACTS) UNIT PRICES. The Contractor(s) pricing for guardrail components shall be fixed per unit and contains all fees, including, but not limited to duties, custom fees, permits, brokerage fees, licenses and registrations. The State will not pay any additional charges beyond the price(s) unless otherwise provided for by law or expressly allowed by the terms of the contract. COST PLUS PRICING FOR MISCELLANEOUS GUARDRAIL COMPONENTS. Cost is defined as the actual cost the Contractor pays the supplier for goods or services the State orders, minus any applicable taxes. Only costs specifically detailed in the billing statement, quote, or invoice from the supplier will be subject to the cost-plus percentage detailed on the Contract. If a quote is issued, the invoice price cannot exceed the quoted price. STATE EXCISE AND USE TAX. The Contractor(s) have not included sales tax in the contract pricing for furnishing product only. Unless otherwise instructed by the State, agencies will pay all applicable taxes directly to the Department of Revenue. Per Department of Revenue Tax Fact Sheet 142, State agencies are not required to submit an ST3 form to their suppliers. See the Department of Revenue website at http://www.revenue.state.mn.us for more information. If orders are issued by Cooperative Purchasing Venture (CPV) members, the Contractor should confirm all of the tax requirements with the ordering entity. PRICE QUOTES. The State or CPV member will request a quote prior to issuing a purchase order. If there are multiple Contractors assigned to a region, the State reserves the right to obtain a written price quote from multiple Contractors. The Contractor will be responsible for providing a firm written quote showing the total dollar value for the quantity products requested and the required freight charges. Contract Release G-205(5) Page 5 of 13 PURCHASING CARDS. Contractors will accept a purchasing card for order placement in addition to accepting a purchase order, without passing the processing fees for the purchasing card back to the State agency or CPV member. The single purchase limit for purchasing cards is $5,000. All of Contractor’s systems and components that process, store, or transmit Cardholder Data shall comply with the most recent version of the Payment Card Industry Data Security Standard (“PCI DSS”) promulgated by the PCI Security Standards Council, available online at: https://www.pcisecuritystandards.org/document_library. FREIGHT/SHIPPING TERMS. All shipments are FOB Destination, freight charges prepaid or added (the Contractor is allowed to invoice for freight charges) to the ordering agency’s receiving dock or warehouse. Contractor(s) will pay all freight charges and add freight charges to quote/invoice as a separate line item. Freight must be quoted/invoiced as a direct pass through cost – no markup is allowed. Freight charges invoiced may not exceed the quoted price. Upon request by the State, or CPV Member, Contractor must furnish third party freight quote and/or invoice with their invoice. In those situations in which the “deliver-to” address has no receiving dock or agents, the Contractor must be able to deliver to the person specified on the PO. The Contractor must furnish a packing slip/bill of lading with each shipment. One copy must be given to the authorized ordering agency representative at each shipment destination. DELIVERY REQUIREMENTS. Contractor is obligated to deliver within the quoted lead times. If delivery is not made within that time frame, the State reserves the right to deem the Contractor in default. Contractor must confirm delivery locations and requirements with the ordering entity. Prior to delivery, the Contractor is responsible for confirming in writing with the ordering entity that the delivery location will accommodate unloading the equipment. Contractor must notify the receiving entity at least 72 hours before delivery to allow for inspection and compliance. No delivery can be made on a State Holiday (as defined in Minn. Stat. § 645.44, subd. 5), on Saturday or Sunday, or after 3:30 p.m. Central Time on weekdays, without prior written approval by the receiving entity. The ordering entity shall be responsible to inspect all components on delivery. Materials must be stored in original undamaged packaging in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft until ready for installation. DAMAGE AND/OR DEFECTIVE MATERIALS. At its expense, the Contractor shall promptly remedy and repair all damage or loss to any property caused by the Contractor. The Contractor shall not be liable for any loss, delay, injury, or damage, whether direct or consequential, that may be caused by conditions beyond its control relating to acts of government, strikes, lockouts, fire explosion, theft, riot, civil commotion, war, malicious mischief, floods, or other acts unforeseen, or other situations beyond the Contractor’s control. The Contractor shall not be responsible for damage or loss attributable to the fault or negligence of the ordering entity. The Contractor shall not be held liable for back charges if the delay of response time is caused by strikes, any preference or priority allocation order issued by the government, or any unforeseeable cause beyond the Contractor’s control, or any cause the State determines justifies the delay. All guardrail components, parts, or accessories, found to be defective shall be returned and replaced with new guardrail components, fence posts and parts or accessories at the Contractor’s expense. All shipping costs will be borne by the Contractor. SECTION III - (APPLIES ONLY TO FURNISH AND INSTALL GUARDRAIL CONTRACTS) UNIT PRICES. Contractors have included in their contract prices for furnishing and installing product any applicable State or Federal sales, excise or use tax on all materials, supplies and equipment that are to be utilized. Pricing also includes, but is not limited to government taxes, overhead, profit, Social Security, unemployment compensation, insurance payments, employees’ fringe benefits, complete insurance coverage of employees, property damage, public liability insurance, etc. If orders are issued by Cooperative Purchasing Venture (CPV) members, the Contractor should confirm all of the tax requirements with the ordering entity. LABOR PRICES. The Contractor’s hourly price shall include, but is not limited to, prevailing wage reporting requirements, equipment and tools normally associated with the installation of guardrail components, etc. The certified prevailing wage rates in effect at the time of the solicitation is advertised, apply for the duration of the contract. Contract Release G-205(5) Page 6 of 13 COST PLUS PRICING MARKUP MISCELLANEOUS GUARDRAIL COMPONENTS. These items will be furnished on a cost plus percentage markup basis. Contractor’s cost plus percentage markup for these miscellaneous components must include the cost of delivery. Upon request, copies of the supplier’s invoice must be attached to the invoice to the State Agency or CPV member for verification. MOBILIZATION. Contractor’s mobilization (one time charge per project) includes preparatory work and operations, including, but not limited to those necessary for the movement of construction personnel, equipment, supplies and incidentals to the project site, or cost incurred prior to beginning work on the various items on the project site. Mobilization rates must be quoted at the time of request. The State will pay only one mobilization rate per project. Any mobilization rate exceeding the agreed upon quote amount must be approved in writing by the ordering entity before being charged. TRAFFIC CONTROL: Temporary traffic control must be quoted and invoiced as a separate line item when this classification of service is requested. PERMITS. Permits required by local authorities shall be secured and paid for by the Contractor and will be reimbursed to the Contractor at the actual cost of such permits if the cost is itemized and evidence of the permit and its cost is attached to their invoice. INSURANCE. The Office of State Procurement has a current certificate of insurance on file for the Contractor for furnish and install work. PRICE QUOTES. Prior to issuing a purchase order, agencies or CPV members will request a quote for the work to be completed. The Contractor will be responsible for providing a firm quote showing the list of materials to be used, the number of hours of labor required, and the appropriate mobilization charge. Some agencies or CPV Members may decide to provide a drawing(s) for their individual project. The Contractor(s) must take their own measurements and verify all specifications and conditions pertinent to the project in order to ensure its proper completion. Ignorance of site conditions will not be the basis for any change order request. RESPONSE TIME/COORDINATION OF WORK. Upon receipt of a purchase order, the Contractor shall contact the ordering entity where work is to be performed or materials to be delivered within seven (7) calendar days acknowledging the receipt of order and to schedule work start dates. In the event the ordering entity determines that expedited action is required, the Contractor shall respond within one (1) hour to the inquiry during business hours Monday through Friday, 7:30 a.m. to 4:00 p.m. Orders requiring expedited action will indicate “expedited action response required” on the purchase order. Response will include any necessary reconfiguration and replacement of failed parts to make the network fully operational. If after an installation date has been established and the ordering entity requires a delay in the work, the ordering entity may, without penalty, delay installation for a period mutually agreed upon by both parties. Once the project is started, work is to proceed on a continuous basis. Interruptions in finishing a project must be approved by the ordering entity. All products must be installed with a minimum of interruption to the normal business operation. All work will comply with the applicable national, state and local codes and regulations THE STATE OR CPV MEMBER’S RIGHT TO INSPECT AND REQUIRE WORK. Any work performed that is not in conformance with this solicitation, or the legal requirements governing the work, shall be subject to rejection. All rejected work shall be immediately corrected at the Contractor’s expense so as to conform to this solicitation. If the State, or its authorized representative, judge that the work being performed by the Contractor is not in strict conformance with this solicitation, the State or its authorized representative will have the right to order the work of the Contractor wholly or partially stopped, or suspended until any nonconforming work has been corrected. Such stoppage or suspension will not invalidate or modify any terms of this Contract, and no extra compensation or reimbursement will be allowed to the Contractor by reason of such stoppage or suspension. SAFETY. The State agrees to furnish safe and free access to all areas of work covered by this Contract for the purpose of executing the terms of this Contract. The Contractor will take all reasonable necessary steps to provide for the safety of, and prevent damage, injury or loss to: a. All persons; b. The building and all other real or personal property at the work site; and c. All the equipment at the building, under the care, custody or control of the Contractor or any of its employees. Contract Release G-205(5) Page 7 of 13 The Contractor must promptly notify the State if, during the term of this agreement, the Contractor observes or otherwise learns of any condition which: a. In the Contractor’s judgment, poses a threat to the safety of persons or property; b. Adversely affects the equipment; or c. Is in violation of any applicable codes or regulations. REMOVED ITEMS/CLEAN-UP. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. It will be the Contractor’s responsibility to legally dispose of all materials and supplies removed and/or used during the job. The site shall be returned to its original state prior to any work done against this Contract. The cost of cleanup performed by the State as a result of the Contractor’s failure to provide the cleanup required by this solicitation shall be deducted at the actual cost to the State from the Contract sum. DISPOSAL: The Contractor will be responsible for the disposal of waste materials and/or rubbish from the furnish and installation of the guardrail components under this Contract. Please see specifications below on page 10 for further information. WARRANTY AND MAINTENANCE. The Contractor warrants to the ordering State Agency or CPV member that materials and equipment furnished under the Contract will be of specified or superior quality and new, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of this RFP. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If requested, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment used. All installation materials and labor shall be guaranteed for a period of one (1) year following the date of final acceptance. During the first year following acceptance, the Contractor shall, upon notification by the State Agency or CPV member of any malfunctions, make necessary repairs, including labor, travel, and materials, at the Contractor’s expense. Material damaged in installation must be replaced. DAMAGE. At its expense, the Contractor shall promptly remedy and repair all damage or loss to any property caused by the Contractor. The Contractor shall not be liable for any loss, delay, injury, or damage, whether direct or consequential, that may be caused by conditions beyond its control relating to acts of government, strikes, lockouts, fire explosion, theft, riot, civil commotion, war, malicious mischief, floods, or other acts unforeseen, or other situations beyond the Contractor’s control. The Contractor shall not be responsible for damage or loss attributable to the fault or negligence of the ordering entity. The Contractor shall not be held liable for back charges if the delay of response time is caused by strikes, any preference or priority allocation order issued by the government, or any unforeseeable cause beyond the Contractor’s control, or any cause the State determines justifies the delay. PAYMENT. All services provided must meet all terms, conditions, and specifications of the Contract and the ordering document and be accepted as satisfactory by the ordering entity before payment will be issued. The payment for the order will only be made after the project has been accepted as satisfactory by the ordering entity. Upon acceptance, an itemized invoice shall be promptly submitted to the ordering agency or CPV Member address indicated in the order documents or as otherwise directed in the order. Prior to final payment, the Contractor shall deliver an IC-134 “Withholding Affidavit for Contractor” – to the agency or CPV Member where the work was completed. The IC-134 must be approved by the Minnesota Department of Revenue prior to final payment. For instructions on filing an IC-134 visit https://www.revenue.state.mn.us/sites/default/files/2019-01/ic134.pdf. PREVAILING WAGE REQUIREMENTS. All State funded or partially State funded work against this contract is subject to the prevailing wage requirements pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120 as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and all tiers of 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. Contract Release G-205(5) Page 8 of 13 Work under this contract includes but is not limited to Iron Workers and Laborers. See https://www.revisor.mn.gov/rules/?id=5200.1102 and https://www.revisor.mn.gov/rules/?id=5200.1100. The Contractor and Subcontractor shall furnish to the ordering entity all payrolls, of all workers on the project, via email as attachments, to the email address provided on the purchase order. If an email address is not included on the purchase order, contact the ordering entity to obtain the appropriate email address. The Contractor and Subcontractor must submit the State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form within fourteen (14) days after the end of each pay period. The forms are available on the Office of State Procurement (OSP) website at https://mn.gov/admin/osp/vendors/overview-for-vendors/, under Step 3: Compliance Documents. No other payroll forms will be accepted to meet this requirement. The Contractor and Subcontractor must compete the Prevailing Wage Payroll Report in Microsoft Excel, and the Statement of Compliance in an Adobe PDF format. The subject line of the email must provide the company name, contract/purchase order number, and pay period ending dates. The Department of Labor and Industry has a web page with Frequently Asked Questions about prevailing wages at http://www.dli.mn.gov/business/employment-practices/prevailing-wage-information For questions regarding the Prevailing Wage Laws, contact the Department of Labor and Industry at 651.284.5091. CPV REQUIREMENTS. CPV members are responsible to confirm if they are subject to rules, regulations, or ordinances which establish the prevailing wage rate as defined in Minn. Stat. § 177.42. If you have questions regarding the prevailing wage laws, contact the department of labor and industry at 651.284.5091. PREVAILING WAGE PAYROLL REPORTING FOR MnDOT. After receiving orders from MnDOT, Contractors are required to provide payroll information in the time frame specified by Statute and in the method specified by MnDOT below. To meet Minn. Stat. § 177.43 requirements, the Contractor and Subcontractor(s) shall submit payroll forms according to MnDOT (Office of Construction, Transportation Building, Mail Stop 650, 395 John Ireland Blvd., St. Paul, MN 55155-1899) requirements. All Contractors shall submit a payroll statement to the Department of Transportation, Minn. Stat. § 177.44, Subd. 7. The statement shall be submitted based on the Contractor’s payment schedule. If a Contractor pays its employees biweekly, a payroll statement shall be submitted biweekly (MnDOT Contract Administration Manual, Section .320). All Contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer (Minn. Stat. § 181.10). Each Statement submitted shall include all employees that performed work under the contract and provide at a minimum the following information (Minn. Rules 5200.1106, Subpart 10 and Minn. Stat. § 177.30): 1. Contractor’s name, address, and telephone number. 2. State project number. 3. Payroll report number. 4. Project location. 5. Workweek ending date. 6. Name, social security number, and home address for each employee. 7. Labor classification(s) and/or three-digit code for each employee. 8. Hourly straight time and overtime wage rates paid to each employee. 9. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. 10. Authorized legal deductions for each employee. 11. Project gross amount, weekly gross amount and net wages. Payroll records may be submitted in any form provided it includes all the information contained in Subpart A (1-11) of this section. However, Contractors needing a payroll form may utilize the “front side” of the U.S. Department of Labor’s, WH-347 Payroll Form. This form is available by visiting the Labor Compliance website (www.dot.state.mn.us/const/labor). Contract Release G-205(5) Page 9 of 13 All payroll records must be accompanied with a completed and signed MnDOT 21658 – Statement of Compliance Form (Minn. Rules 5200.1106, Subpart 10). The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed (Minn. Stat. § 177.30(1)(2)(3)(4)). The prime contractor is responsible to maintain all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retain all records for a period of three years after the final contract voucher has been issued (Minn. Stat. § 177.30(4)). At the end of each pay period, each contractor shall provide every employee, in writing an accurate, detailed earnings statement (Minn. Stat. § 181.032). Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department of Transportation, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with records, deemed appropriate by the requesting agency to determine compliance with these contract provisions (Minn. Stat. § 177.44, subd. 7 and Minn. Rules 5200.1106, Subpart 10). At the Department of Transportation’s discretion, the project engineer may administer the submission of payroll records according to MnDOT’s Payroll Maintenance Program. The guidelines for the implementation and administration of this program are outlined in the MnDOT Contract Administration Manual, Section A(4)(d). If, after written notice, the prime contractor fails to submit its payroll reports and certification forms and those of any subcontractor, the Department of Transportation may implement the actions prescribed in State Funded Construction Contracts Special Provisions Division A – Labor, Section XVI. NON-COMPLIANCE AND ENFORCEMENT available on-line at: http://www.dot.state.mn.us/const/labor/documents/contractdocs/specprovdivastate.pdf. SPECIFICATIONS 1. SCOPE OF WORK 1.1. PURPOSE The purpose of this Contract is to furnish and installation of guardrail components by region for the Minnesota Department of Transportation (MnDOT) and Cooperative Purchasing Venture (CPV) members. 1.2. ADDITIONAL SERVICES OR CHANGE IN CONTRACT SERVICES The State reserves the right to add or delete services and/or products or to competitively bid additional services or products. The State reserves the right to participate in other contracts authorized by Minn. Stat. § 471.59 for procuring these goods and/or services that may be covered by the contracts. 2. GUARDRAIL COMPONENT SPECIFICATIONS 2.1. Exhibit D Price Schedule A Furnish Guardrail Components Only or Exhibit D Price Schedule B Furnish and Install Guardrail Components provide pricing for the following guardrail systems: 2.1.1. Road Systems FLEAT – wood and steel systems 2.1.2. Syro/Trinity SRT – wood and steel systems 2.1.3. Road Systems SKT – 350 – wood and steel systems 2.1.4. MnDOT Standard Plate Beam – wood and steel post systems 2.1.5. MnDOT Low Tension Cable Systems – with steel and wood posts 2.1.6. Syro/Trinity CAT 350 – crash cushion attenuating end terminals 2.1.7. MnDOT Thrie Beam Bull Nose guardrail systems 2.1.8. MnDOT Eccentric Loader Terminal 2.1.9. Road Systems Beat- BP – box beam system 2.1.10. Road Systems MSKT – tangent terminal 2.1.11. Syro/Trinity Soft Top – terminal 2.1.12. Australian Construction Products (ACP) Xtension – terminal and median attenuator systems 2.1.13. Universal Breakaway steel posts Contract Release G-205(5) Page 10 of 13 2.1.14. Driveway Terminal 2.1.15. Short Radius Guardrail at Intersection 2.1.16. Brifen Wire Rope Safety Fence TL-High Tension Coated Line Posts 2.1.17. Brifen WRGT-FL Coated Anchor Posts 2.1.18. Type 31 Trailing End Anchorage 2.1.19. Thrie Beam Bullnose 31” for Medians, Steel Post 2.1.20. MATT™ Median Attenuating Trend Terminal 2.1.21. MAX-Tension Median 2.1.22. MASH O-Post System & MASH Gating Terminal 2.1.23. MASH 16 TL-4 Cable Gibraltar Global 2.2. High Tension Cable Systems 2.2.1. Trinity Cass – TL-3 and TL-4 2.2.2. Brifen USA – TL-3 and TL-4 2.2.3. Gibraltar – TL-3 and TL-4 2.2.4. Marion/Nucor – TL-3 2.3. All guardrail components and the installation must comply with the Minnesota Department of Transportation Standard Specifications for Construction- 2020 Edition; MnDOT Standard Plates; MnDOT Standard Plans; MnDOT and Manufacturer details listed in Section 2.4 and referenced in the price schedules; MnDOT Facility Design Guide and MnDOT Design Scene Chapter 14 as applicable, all of which are incorporated into the Contract herein, by reference and may be accessed at the following locations: 2.3.1. The MnDOT Standard Specifications for Construction and Supplemental Specifications available on-line at: http://www.dot.state.mn.us/pre-letting/spec/index.html 2.3.2. The MnDOT Standard Plates available on-line at https://www.dot.state.mn.us/design/design-standards/standard-plates.html 2.3.3. The MnDOT Standard Plans available on-line at https://www.dot.state.mn.us/design/design-standards/standard-plans.html 2.3.4. The MnDOT Facility Design Guide (fka Road Design Manual) available on-line https://www.dot.state.mn.us/design/design-standards/facility-design-guide.html 2.3.5. The MnDOT Design Scene available on-line at www.dot.state.mn.us/pre-letting/scene/index.html. 2.4. The following list of MnDOT Standard Plans and MnDOT and Manufacturer details related to Guardrail and Terminals are incorporated into the Contract herein, by reference. 2.4.1. 5-297.601 Guardrail/End Treatments Miscellaneous Details (4 sheets) 2.4.2. 5-297.603 W-Beam Transition to Concrete F-Shape Safety Rail With Approach Curb (Steel Post) 2.4.3. 5-297.605 W-Beam Transition to Concrete F-Shape Safety Rail With Approach Curb (Wood Post) 2.4.4. 5-297.607 W-Beam Transition to Concrete J-Shape Safety Rail With Approach Curb (Wood Post) 2.4.5. 5-297.608 Guardrail Transition to Glulam Timber Bridge Rail 2.4.6. 5-297.609 W-Beam Transition to Concrete End Post With or Without Approach Curb (Wood Post) (2 sheets) 2.4.7. 5-297.610 Concrete Barrier Wall Between Bridge Pier Columns 2.4.8. 5-297.611 Thrie Beam Bullnose Guardrail for Medians (6 sheets for various configurations and details) 2.4.9. 5-297.612 Proprietary End Terminal – Tangent for Type 31 Guardrail 2.4.10. 5-297.613 Proprietary End Terminal – Flared for Type 31 Guardrail 2.4.11. 5-297.616 Driveway Terminal (2 sheets) 2.4.12. 5-297.618 W-Beam Transition to Concrete J-Shape Safety Rail With Approach Curb (Steel Post) 2.4.13. 5-297.619 W-Beam Transition to Concrete End Post With or Without Approach Curb (Steel Post) (2 sheets) 2.4.14. 5-297,684 W-Beam Transition to Pier Columns Without Approach Curb (Steel Post) (2 Sheets) 2.4.15. 5-297.686 Box Beam Transition to Concrete F-Shape Barrier (3 sheets) 2.4.16. 5-297.688 High Tension Cable Barrier (HTCB) Median Placement, Overlap, Utility Crossings, and End Anchorage Systems (2 sheets) 2.4.17. 5-297.690 Traffic Barrier Type 31 Assembly Details 2.4.18. 5-297.692 Traffic Barrier Type 31 End Anchorage Assembly Details 2.4.19. 5-297.693 Approach Guardrail Transition (AGT) Type 31 at Vertical End Post (3 Sheets) 2.4.20. 5-297.694 Approach Guardrail Transition (AGT) Type 31 at Single Slope End Post (3 Sheets) Contract Release G-205(5) Page 11 of 13 2.4.21. 5-297.695 Approach Guardrail Transition (AGT) Type 31 at F-Shape and J-Shape Barrier (4 sheets) 2.4.22. 5-297.696 Traffic Barrier Type 31 Low Fill/Long Span - Omitted Post Details 2.4.23. 5-297.697 Short Radius Guardrail at Intersections (2 sheets) 2.4.24. MnDOT MASH Bullnose Manual https://osp.admin.mn.gov/sites/osp/files/2024-08/g-2055mndot_mash_bullnose_manual.pdf 2.4.25. MASH Evaluation of the Steep Post Trailing End Anchorage System https://mwrsf.unl.edu/researchhub/files/Report423/TRP-03-370b-20.pdf 2.4.26. MATT™ Median Attenuating Trend Terminal Product Manual https://www.valtir.com/wp-content/uploads/2023/09/628155-MATT-Manual.pdf 2.4.27. Brifen USA MASH O-Post System & MASH Gating Terminal Manual https://www.brifenusa.com/_files/ugd/3aab10_43d2f460bb9e4262b7ce17b72fe7f01d.pdf 2.4.28. MASH16 TL-4 Cable Gibraltar Global https://gibraltarglobal.com/wp-content/uploads/2020/08/MASH-2023.pdf 2.5. Treated wood guardrail posts, blocks and spacers must be in accordance MnDOT Standard Specifications for Construction 2020 Edition, Specification 3413 and 3491 as applicable and must be treated with products on the MnDOT Approved Products List for treated wood http://www.dot.state.mn.us/products/walls/treatedwood.html and are incorporated into the Contract herein, by reference. 3. DISPOSAL The Contractor will be responsible for the disposal of waste materials and/or rubbish from the furnish and installation of the guardrail components under this Contract. 3.1. Treated Wood is defined as a wood impregnated with pesticides to delay decay. Wood treated with these chemicals cannot be disposed of in a demolition debris landfill. The following are disposal/recycling options for treated wood: 3.1.1. DISPOSAL All treated woods may be disposed of in any Minnesota Pollution Control Agency (MPCA) Permitted Mixed Municipal Landfill or MPCA Permitted Industrial Landfill that accept these wastes. 3.2. REUSABLE WOOD Reusable Wood is defined as wood that can be reused for its intended purpose. This does not include scrap, broken, rotted, or otherwise waste wood. Reusable treated wood can be transferred to others using the appropriate Transfer of Ownership form found here: http://www.dot.state.mn.us/environment/regulatedmaterials/ownership.html and are incorporated into the Contract herein, by reference. 4. TEMPORARY TRAFFIC CONTROL Applies to furnish and install guardrail contracts only. 4.1. The Minnesota Manual on Uniform Traffic Control Devices contains standards for traffic control devices that regulate warn, and guide road users along all roadways within the State of Minnesota and available on-line at the following link http://www.dot.state.mn.us/trafficeng/publ/mutcd/index.html and are incorporated into the Contract herein, by reference. Information regarding requirements for flaggers and other safety measures for work along roadways within the State of Minnesota will be found in this manual. 4.2. Temporary traffic control must be quoted and invoiced as a separate line item when this classification of service is required. END OF SPECIFCATIONS Contract Release G-205(5) Page 12 of 13 SWIFT CONTRACT LINES. CONTRACT LINES: BRIFEN USA, INC. Contract No. 234382 – Furnish Only Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 1] Guardrail Components 46161508 CATEGORY LINES CATEGORY DESCRIPTION [LINE 1] 30100000 Structural components and basic shapes [LINE 2] 31150000 Rope and chain and cable and wire and strap [LINE 3] 31160000 Hardware > Manufacturing Components and supplies [LINE 4] 46161510 Gate barrier systems > Traffic Control CONTRACT LINES: ERICKSON INFRASTRUCTURE Contract No. 234383 – Furnish and Install Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 1] Furnish and Install Guardrail 72141000 CONTRACT LINES: H&R CONST CO. SWIFT Contract No. 234381 – Furnish Only Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 1] Guardrail Components 46161510 CATEGORY LINES CATEGORY DESCRIPTION [LINE 1] 30100000 Structural components and basic shapes [LINE 2] 31150000 Rope and chain and cable and wire and strap [LINE 3] 31160000 Hardware > Manufacturing Components and supplies [LINE 4] 46161510 Gate barrier systems > Traffic Control [LINE 5] 55121704 Safety Signs CONTRACT LINES: H&R CONST CO. SWIFT Contract No. 234381 – Furnish and Install Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 2] Furnish and Install Guardrail 72141000 Contract Release G-205(5) Page 13 of 13 REVISIONS: 5.5.2025 Brifen USA contact person updated. 4.4.2025 Erickson Infrastructure contract amended to add equipment for MBEAT and MFLEAT terminal systems. 3.31.2025 Updated links to MnDOT standard plates, standard plans and Facility Design Guide (fka Road Design Manual) in the specifications. 3.28.2025 H&R Construction contract amended to add equipment for MBEAT and MFLEAT terminal systems. 2.12.2025 Erickson Infrastructure contact person updated. 12.02.2024 Erickson Infrastructure TG/ED/VO certification expired. Contract release updated. 10.30.2024 H&R Construction added additional equipment for miscellaneous tools and added the X-Tension Terminal and X-Tension Median Attenuator System (X-MAS) equipment to both price schedules. 9.18.2024 Erickson Infrastructure contract extended through August 31, 2025. No changes to original pricing. Added additional guardrail equipment to furnish and install price schedule. 8.19.2024 Brifen USA contract extended through August 31, 2025. No changes to original pricing. Added additional guardrail equipment to furnish only price schedule. 8.09.2024 H&R Const Co. contract extended through August 31, 2025. No changes to original pricing. Added additional guardrail equipment to both furnish only, and furnish and install price schedules. 8.09.2024 Manuals added to specifications under Item 2.4 for MnDOT MASH Bullnose, MASH Evaluation of the Steep Post Trailing End Anchorage System, Matt™ Attenuating Trend Terminal Product, Brifen USA MASH O-Post System & Gating Terminal, and MASH16 TL-4 Cable Gibraltar Global. Discontinued plans referenced in Item 2.3 “MnDOT Supplemental Specifications, September 2022 removed. 4.10.2024 Brifen USA updated price schedule to add equipment for wire rope safety fence and coated anchor posts. All other terms and conditions remain the same. 9.7.2023 Erickson Infrastructure added to contract release. City Council Agenda Cover Memo Date: May 20, 2025 Section: Consent Calendar Item Number: VII.C. Department: Parks & Recreation ITEM DESCRIPTION Restore remnant prairie and manage vegetation along the newly constructed stairway at Richard T. Anderson (RTA) Conservation Area. REQUESTED ACTION Accept proposal and authorize entering a Contract for Goods and Services with Landbridge Ecological Services for the RTA W Overlook Restoration at an amount not to exceed $75,565.30. SUMMARY The City received the Hennepin County Opportunity Grant to continue our partnership in restoring the Western Overlook Prairie and to manage the establishment of vegetation along the newly constructed stairway. This project will build on previous work completed in 2022, in partnership with Hennepin County. The project will include encroaching woody removal to help reestablish native species, invasive species management, and revegetating as needed. The City received three proposals from Native Resource Preservation, RES, and Landbridge Ecological. The proposal selected had the lowest proposed cost and included the best management practices for remnant prairies. The total cost of the project will include a cash match from the City of 25% to meet Hennepin County grant requirements. ATTACHMENTS Contract – RTA W Overlook 2025 Vendor Pricing Page 1 of 18 City of Eden Prairie – RTA W Bluff Overlook Requests for Proposal Proposal Submission: Proposals shall be submitted electronically to kwittner@edenprairie.org before May 9 by 9am to be considered. Contract will be approved by City Council at the May 20th meeting. Mandatory Site Meeting: Friday, April 18 at 9 am 18700 Flying Cloud Dr* Richard T. Anderson Conservation Area *Note parking lot may indicate closed on google maps, still meet at the lower parking lot off Flying Cloud. Questions Due: Submit all questions by Wednesday, April 30 All questions will be gathered and responded by the City on Friday, May 2 Project Manager: Karli Wittner, Forestry & Natural Resources Supervisor Ph: 952-949-8463 kwittner@edenprairie.org 15150 Technology Drive Eden Prairie, MN 55344 Page 2 of 18 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 RTA W Bluff Overlook’ 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, Exhibit B, and/or Exhibit C. 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 Agreement shall continue for one (1) year with the option of renewal from year to year except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor’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. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor as listed on ‘‘City of Eden Prairie RTA W Bluff Overlook” as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A, Exhibit B, and/or Exhibit C. 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 period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” Page 3 of 18 c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, Page 4 of 18 and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 5 of 18 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior Page 6 of 18 to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. Page 7 of 18 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 9 of 18 Exhibit A 1) SCOPE OF WORK The City of Eden Prairie is requesting proposals for qualified contractors to provide ecological management of a remnant prairie and maple-basswood forest, along a newly constructed stairway. Activities may include removal of encroaching woodys, brush piles burning, conduct a prescribed burn, and manage undesirable plants at the Overlook Prairie in Richard T. Anderson Conservation Area (RTA). The project is funded using Hennepin County Opportunity Grant with the total award of $50,000. The contract term will expire December 1, 2027. Project Location: Richard T. Anderson Conservation Area (RTA) 18700 Flying Cloud Drive, Eden Prairie, MN 55347 1. Proposals may include in order of priority (detailed in Exhibit B): 1.1.1. Red cedar and buckthorn removal for approximately 5 acres. Stack (pile and burn with older piles). 1.1.2. Prescribed Burn in Fall 2026 or Fall 2027 (Last burn took place Spring 2023) for entire project 6.5 acres 1.1.3. Maintenance of vegetation near newly constructed stairway and erosion prevention. 1.1.4. Remove or burn approximately 17 older brush piles (average 5w x 5lx 3h) utilizing biochar kiln (city will loan out if needed). 1.1.5. Invasive species management – leafy spurge, vetch (look-a-like present ground plum do not destroy), smooth brome, buckthorn, among others. 2. Additional scope of work in proposal can include pricing to remove user created trail and restore with remnant plant material, which could include seed collection, growing remnant prairie plants from seed, and planting/sowing. 3. Proposals will be awarded based on number of above activities included in proposal. Best management strategies for remnant prairies as defined by BWSR and MN DNR must be followed. The city reserves the right to increase or decrease the quantity of work as indicated in the original contract or proposal at any time. 2) SPECIFICATIONS – GENERAL 4. The Contractor is required to meet with the City at a location determined by the City prior to any work beginning on this contract. The intent of this meeting is to discuss the various sites, the goals for the sites, and to determine the best management strategy for each site. 5. The Contractor needs to build labor, materials, equipment, and mobilization expenses into their proposed costs. The Contractor will need to furnish the City with each invoice: the date the site was worked on, the targeted plant(s), and/or the management activities completed. The Contractor must have the capabilities to track and provide the above Page 10 of 18 information to the City. Performance Standards must be met before payment will be issued. 6. Contractor will notify the City’s Project Manager at least 24-hours in advance of when they plan to be on-site. The Contractor must also contact the City’s Project Manager within the first 48 hours of work occurring on this project to confirm that work went as intended. 7. Contractor shall provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000. Contractor must provide a certificate of workers compensation coverage prior to starting work. All costs for fuel, parts, equipment, and labor are the contractor’s responsibility. 8. Work may only be performed from 7AM-7PM, Monday through Friday, unless prior approval is given by the City’s Project Manager. Work may not occur on holidays recognized by the City of Eden Prairie. 9. For all tasks, follow best management practices to minimize negative impacts including but not limited to: soil compaction, rutting, and other soil disturbances; herbicide drift and non-target impacts; disturbance to nesting birds and other wildlife. Any rutting of soils or damage to land must be mitigated before payment will be granted. 10. Vehicles are not allowed on steep slopes (greater than 40% grade). 11. Care should be taken to minimize negative impacts to existing desirable plants using selective herbicides and seasonal timing for spraying/mowing. 12. Any machinery/equipment used on this contract must be thoroughly cleaned prior to entering a site to prevent bringing in undesirable seeds. 13. No portion of the work on this contract may be sub-contracted or performed by another contractor other than the contractor listed in this agreement, unless approved by the City. 14. Failure to abide by any of these specifications could result in nonpayment for services or immediate termination of this contract, as decided by the City. 4) SPEFICATIONS – Pile and Prescribed Burns 15. Contractor shall have a minimum of three years of prescribed fire experience. Contractor shall have all personnel complete sufficient training at a minimum the L-180, S-130, and S- 190 courses. Burn bosses (MRxB3 or above) shall have a minimum of three years documented leadership in a prescribed fire setting. Contractors shall demonstrate knowledge of ignition techniques, smoke management, weather interpretation, fire suppression, and mop-up procedures. 16. Contractor must obtain permits and variances from Eden Prairie Fire Department and MN DNR for all burns and must abide by all rules and regulations from these entities, including contacting City dispatch and the DNR before and after burning as directed. 17. Burn plan shall be submitted to the City Forestry & Natural Resources Supervisor when other permits and variances are submitted. Page 11 of 18 18. Contractor is responsible for protecting all items not in the burn permit, including in part: all infrastructure, utilities, and private property. The Contractor shall be liable for remedying damage due to prescribed fire. 19. Contractor shall install all burn breaks, unless otherwise noted. Mowed burn breaks and/or utilization of existing trails preferred. 20. A minimum of one day notice to City staff is required prior to burns taking place. Notifications to residents will be handled by the City prior to burns. 21. Contractor shall conduct the controlled burn on a day/days with appropriate wind speeds/direction, humidity, and temperatures. Appropriate wind shall be that which impacts the least number of residents. Avoid winds that will heavily smoke neighbors or roads. 22. All woody material can be piled to be burned on site, while at least three inches of snow is present. Attempt to create a minimal number of piles as possible. All burned material shall be raked and scattered. The City has a biochar kiln “Ring of Fire” available to use. 23. All previous piles shall be burned along with the newly cut woody material on site. Previous wood piles should also be condensed as much as possible to reduce burn scaring. 3) SPEFICIATIONS – Vegetation Management 24. All encroaching woodys including red cedars, buckthorn, and non-native honeysuckle must be cut 2 inches from the ground and immediately treat stumps with herbicide daubers to avoid over spraying. All woody material can be piled on site. 25. Herbicide applicators must be Minnesota Department of Agriculture Commercial certified pesticide applicators. Herbicide application must follow industry standards for temperature and weather conditions, according to label directions and the State of MN Commercial Pesticide Applicator Manual. Label directions must be followed; active ingredient must be of sufficient percentage to effectively kill the target weeds. Herbicide application must follow label instructions and recommendations, and applicator must follow all industry safety standards. 26. Herbicide applicators MUST be able to accurately identify all Undesirable Species. Extra caution needs to be taken as there is Ground Plum located at the site, which appears like Vetch, whorled milk weed, which appears like leafy spurge. 27. Only spot spraying allowed with backpack sprayers or hand sprayers. No UTVs or large tank sprayers will be allowed, unless using as a “nurse” tank. Any severe damages to native vegetation will result in a 10% penalty of overall project cost. Severe damage is defined as an area over 100 sq ft of non-target species damage. 28. Avoid herbicide application on windy days and ensure a rain-free period of at least 3 hours after application. 29. Spot mowing will be used to control patches of certain invasive and noxious vegetation. The City recommends the use of handheld weed trimmers or hand pulling; consult with the City before using any other type of equipment. Page 12 of 18 Exhibit B: SITE MAPS & DESCRIPTIONS Page 13 of 18 12341 Sunnybrook Road Total Area: 0.50 Acres 9580 Eden Prairie Road Total Area: 1.4 Acres 16700 Valley View Road Brush Pile Locations Approximately 17 Total Size: 5’L x 5’W x 3’H The City’s preference to stack and burn newly cut woody material with old material. Burn piles should be stacked neatly to in one area or use biochar kiln. Equipment will be allowed for water. Burning must take place while three inches of snow is present. Page 14 of 18 RTA Area 1a – Previous and New Management Scope of Work for Area 1a : The work required at this project site is listed in order of priority with approximate timeline. The slopes in this area are a steep 1:1 slope. Tree removal work will need to be done in dry conditions or frozen ground. Equipment is only allowed during frozen or dry conditions. 1. Extensive Red Cedar Removal and other woody encroachments, such as buckthorn o Winter 2025-2026 2. Woody material can be piled and burned on site – including old brush piles (BioChar Kiln available to use from City) o Winter 2025-2026 and/or Winter 2026-2027 3. Prescribed burn (Last burn took place Spring 2023) o Fall 2026 or Fall 2027 4. Other invasive species treatment if needed o Summer 2026, Summer 2027 5. Evidence of seed bank present will need to assess after cedar removal. Potentially will need to collect remnant seed and disperse within this area. Page 15 of 18 RTA Area 1 - Previous and New Management Scope of Work for Area 1: The work required at this project site is listed in order of priority with approximate timeline. The slopes in this area are a steep 1:1 slope. Tree removal work will need to be done in dry conditions or frozen ground. The timber posts with chain can be removed for access by contractor. Equipment is only allowed during frozen or dry conditions. 1. Red Cedar removal near edges of unit o Winter 2025-2026 2. Prescribed burn (Last burn took place Spring 2023) o Fall 2026 or Fall 2027 3. Woody material can be piled and burned on site – including old brush piles (BioChar Kiln available to use from City) o Winter 2025-2026 and/or Winter 2026-2027 4. Treat Crown Vetch in old burn scars (Note there is prairie plum present) & Treat Leafy spurge along trail (Note there is whorled milkweed present) o Spring/Summer 2025, 2026, 2027 5. Optional: Yellow circle on map (within orange polygon) are user created trails that could be closed with remnant plant material. o Fall 2026 or 2027 Page 16 of 18 RTA – Stairway Trail Background: This spring the construction company will finish installing stone steps, riprap, and bolder retaining walls within the area in blue. Areas damaged during construction have been reseeded with native seed and erosion blanketed. Construction will conclude by June 1, after which the area in blue polygon will need to be managed for potential invasive species. Scope of Work for Trail (with general timeline): 1.Manage invasive species emerging from disturbed spots o Growing Seasons in 2025, 2026, & 2027 2.Approximately 1000 sq ft of forest had been damaged during construction (yellow star). The contractor has put down a native woodland seed mix and erosion control blanket the area. o This will be invoiced separately from grant funds. o Please include pricing for additional erosion control measures, additional native plant material, and invasive species management. 3.OPTIONAL: May require reseeding or planting in forested area within blue polygon. Note there is an area that had extensive damage from contractor that will need to be monitored, and mostly likely will require planting. o Assess at the end of 2025 Page 17 of 18 Exhibit C: Proposal Costs Page 18 of 18 Vendor Pricing – RTA W Overlook Trail Vendors Activity Landbridge RES NRP 1. Red Cedar Removal 40453.1 57425 40317.04 2. Prescribed Burn 5004.5 4751.5 5907.98 3. Invasive Species Management 11513 7296 14897.67 4, Burn Piles 5400 5057 7303.35 5. Stairway Management 5650.22 2320 9914 6. Planting/Sowing 4651.2 3450.22 7. Stairway Planting 2893.28 1382.04 Total 75565.3 76849.5 83172.3 City Council Agenda Cover Memo Date: May 20, 2025 Section: Consent Calendar Item Number: VII.D. Department: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION Approve Change Order #1 for additional stormwater basin work at the Miller Park Court Facility Project. REQUESTED ACTION Approve Change Order #1 for additional stormwater basin work at the Miller Park Court Facility Project in the amount of $44,800.00. SUMMARY The stormwater basins included as part of the Miller Park Court Facility Project were constructed last fall. After construction, the basins were tested to ensure that they met the various stormwater rules of the Riley Purgatory Bluff Creek Watershed District. Because of poor soils onsite, the basins did not meet the infiltration rates and additional work will be needed. Plans were submitted and approved by the District’s Board to remove soil from the bottom of the basins and replace it with drain tile and new soil media that will allow for better infiltration. The amount was reviewed by our consultant and they believe it is in line with other costs for this type of work. ATTACHMENTS Goodmanson Construction Quote To:Contact:CITY OF EDEN PRAIRIE MILLER PARK - EDEN PRAIRIEProject Name:Bid Number: Fax: Address:EDEN PRAIRIE, MN 55347 Phone: Project Location:8208 EDEN PRAIRIE RD, EDEN PRAIRIE, MN Bid Date:5/14/2025 Item Description Pond Retrofit- Excavate Pond To Accommodate New Pond Design - Excavate, Furnish And Install, New 6" Perforated HDPE Subdrain (410 LF) ~ Wrap Pipe In Type V Geo Fabric And 3" Of 3/4" Washed Stone~ Provide Cleanouts Per Plan (6 EA) ~ Connect To STB-3A And STB-3B Using (2) Nyoplast Add-A-Branch Kits - Furnish And Install 2 Inches Of 1/2" Choking Stone- Furnish And Install 24 Inches Of Biofiltration Media $44,800.00Total Bid Price: ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: GOODMANSON CONSTRUCTION, INC. Authorized Signature: Estimator:Ryan Lake (651) 636-4996 ryan@goodmansonconstruction.com Page 1 of 15/14/2025 1:14:51 PM City Council Agenda Cover Memo Date: May 20, 2025 Section: Consent Calendar Item Number: VII.E. Department: Information Technology ITEM DESCRIPTION Replacement of mobile computers, docks and keyboards for Police vehicles. REQUESTED ACTION Move to: Approve the purchase of 33 new laptops, keyboard and docks from Preferred Communications for the Police Department squad cars $202,721.42 SUMMARY The Getac A140 tablets in squad cars were implements in June 2020 and have reached the end of their usable life. Preferred Communications has provided a quote for laptops, docks and keyboards pursuant to a Minnesota state contract through NASPO ValuePoint. The NASPO contract complies with statutory competitive bidding requirements. This project is funded by the IT Internal Service Fund. There are two quotes from Preferred Communications. The NASPO Value contract quote is higher and we recommend going without the NASPO contact. ATTACHMENTS Quote with NASPO Value Contract Quote without NASPO Value Contract Page 1 of 2 Estimate ADDRESS Capt EDEN PRAIRE POLICE DEPARTMENT Eden Prairie Police Department (MN) Accounts Payable 8080 Mitchell Rd Eden Prairie, MN 55344 United States SHIP TO Eden Prairie Police Department (MN) 8080 Mitchell Rd Eden Prairie, MN 55344 ESTIMATE 4357 DATE 05/13/2025 EXPIRATION DATE 06/13/2025 DESCRIPTION QTY RATE AMOUNT Getac Hardware / OHHGTC801GETAC : A140 Havis Vehicle Dock with port replicator & bracket. DC power adaptor sold separately. This quote is under the NASPO value agreement. 33 711.00 23,463.00 Getac Hardware / GDKBU9 Getac Rugged Keyboard, 3 year warranty (US) 33 241.00 7,953.00 Getac Hardware / GE-SVDKNFX5YBumper to Bumper + Extended Warranty - Getac Dock Stations/Port Rep (Year 2, 3, 4 & 5) - Getac, Getac Docking Station, Bumper-to-Bumper+Extended Warranty, 5, Years 33 521.44 17,207.52 Getac Hardware / 5262GB96C010 A140G2 Sector Specific SKU - Intel® Ultra 5 125U, W/ Webcam, Microsoft Windows 11 Pro x64 with 16GB RAM, 512GB PCIe SSD, Sunlight Readable (Full HD LCD + Touchscreen + Stylus), US Power Cord, 8M Rear Camera + 1D/2D Imager barcode reader, WIFI + BT + GPS / Glonass + Passthrough, Hard Handle, LAN, Smart Card reader, Thunderbolt 4 x 2, 3 Year Warranty B2B 33 4,139.41 136,600.53 Getac Hardware / GE-SVTBNFX5Y Bumper to Bumper + Extended Warranty- Tablet (Year 4 & 5) - Getac, Tablet&Notebook (A/ B/ F/ K/ V/UX/X600 Series), Bumper-to- Bumper+Extended Warranty, 5, Years 33 612.00 20,196.00 Getac Hardware / GAD2X4 GETAC : Getac 11-16V, 22-32V DC Vehicle adapter / Charger (120W for Docking Station) (Cigarette Lighter Plug Version) 33 109.99 3,629.67 Getac Hardware / GAD2X8 Getac 120W 11-16V, 22-32V DC Vehicle adapter (Bare Wire), 3 year warranty (For docking station) 33 109.99 3,629.67 Shipping Charge Shipping Charge 1 110.00 110.00 Hello Aditi, Please review the updated attached Estimate. This quote under the NASPO SUBTOTAL 212,789.39 Page 2 of 2 value agreement let me know if you have any questions. If you are ready to proceed with the order, we will need an email approval to process the order or a Purchase Order from your side. If you decide to use a credit card, we do add a 4% processing fee. I will need you to confirm the billing and shipping address. If there is anything I can help you with, please feel free to reach out. We look forward to working with you soon! Have a great day! Michael Headspeth Senior Sales Engineer, US Army Retired 410 Central Ave, Butner, North Carolina 27509 West Coast Operations Tacoma, Washington Rugged Computers, Mobile Routers, Satellite Sales and Technical Support www.satstar.com • 919-575-4600 ext. 22 TOTAL $212,789.39 Accepted By Accepted Date Page 1 of 2 Estimate ADDRESS Capt EDEN PRAIRE POLICE DEPARTMENT Eden Prairie Police Department (MN) Accounts Payable 8080 Mitchell Rd Eden Prairie, MN 55344 United States SHIP TO Eden Prairie Police Department (MN) 8080 Mitchell Rd Eden Prairie, MN 55344 ESTIMATE 4357 DATE 05/13/2025 EXPIRATION DATE 06/13/2025 DESCRIPTION QTY RATE AMOUNT Getac Hardware / OHHGTC801GETAC : A140 Havis Vehicle Dock with port replicator & bracket. DC power adaptor sold separately. 33 687.10 22,674.30 Getac Hardware / GDKBU9 Getac Rugged Keyboard, 3 year warranty (US) 33 241.00 7,953.00 Getac Hardware / GE-SVDKNFX5YBumper to Bumper + Extended Warranty - Getac Dock Stations/Port Rep (Year 2, 3, 4 & 5) - Getac, Getac Docking Station, Bumper-to-Bumper+Extended Warranty, 5, Years 33 468.05 15,445.65 Getac Hardware / 5262GB96C010 A140G2 Sector Specific SKU - Intel® Ultra 5 125U, W/ Webcam, Microsoft Windows 11 Pro x64 with 16GB RAM, 512GB PCIe SSD, Sunlight Readable (Full HD LCD + Touchscreen + Stylus), US Power Cord, 8M Rear Camera + 1D/2D Imager barcode reader, WIFI + BT + GPS / Glonass + Passthrough, Hard Handle, LAN, Smart Card reader, Thunderbolt 4 x 2, 3 Year Warranty B2B 33 3,962.03 130,746.99 Getac Hardware / GE-SVTBNFX5Y Bumper to Bumper + Extended Warranty- Tablet (Year 4 & 5) - Getac, Tablet&Notebook (A/ B/ F/ K/ V/UX/X600 Series), Bumper-to- Bumper+Extended Warranty, 5, Years 33 561.58 18,532.14 Getac Hardware / GAD2X4 GETAC : Getac 11-16V, 22-32V DC Vehicle adapter / Charger (120W for Docking Station) (Cigarette Lighter Plug Version) 33 109.99 3,629.67 Getac Hardware / GAD2X8 Getac 120W 11-16V, 22-32V DC Vehicle adapter (Bare Wire), 3 year warranty (For docking station) 33 109.99 3,629.67 Shipping Charge Shipping Charge 1 110.00 110.00 Hello Aditi, Please review the updated attached Estimate and let me know if you have any questions. If you are ready to proceed with the order, we will need an email approval to SUBTOTAL 202,721.42 TOTAL $202,721.42 Page 2 of 2 process the order or a Purchase Order from your side. If you decide to use a credit card, we do add a 4% processing fee. I will need you to confirm the billing and shipping address. If there is anything I can help you with, please feel free to reach out. We look forward to working with you soon! Have a great day! Michael Headspeth Senior Sales Engineer, US Army Retired 410 Central Ave, Butner, North Carolina 27509 West Coast Operations Tacoma, Washington Rugged Computers, Mobile Routers, Satellite Sales and Technical Support www.satstar.com • 919-575-4600 ext. 22 Accepted By Accepted Date City Council Agenda Cover Memo Date: May 20, 2025 Section: Public Hearing Item Number: VIII.A. Department: Public Works/ Engineering – Molly Swanson ITEM DESCRIPTION Vacation 25-02: Vacation of Drainage and Utility Easements REQUESTED ACTION Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. SUMMARY The property owner of 14798 Boulder Pointe Road has requested a vacation of part of the drainage and utility easements as dedicated on Lot 1, Block 1, Boulder Ridge of Eden Prairie to facilitate the construction of a proposed pool. In addition to the vacation, a conservation easement will be dedicated over a portion of said Lot 1. The recording of the resolution vacating the existing drainage and utility easements shall be conditioned on the recording of the new conservation easement. ATTACHMENTS • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ VACATION OF PART OF THE DRAINAGE & UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOT 1, BLOCK 1, BOULDER RIDGE OF EDEN PRAIRIE VACATION 25-02 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: The drainage and utility easement over, under and across that part of Lot 1, Block 1, BOULDER RIDGE OF EDEN PRAIRIE, Hennepin County, Minnesota described as follows: Commencing at the southwest corner of said Lot 1; thence North 00 degrees 56 minutes 08 seconds West, assumed bearing along the west line of said Lot 1, a distance of 111.50 feet; thence North 77 degrees 22 minutes 28 seconds East, a distance of 20.42 feet to a line that is 20 feet easterly of and parallel with said west line of Lot 1, said point being the point of beginning: thence continuing North 77 degrees 22 minutes 28 seconds East, a distance of 76.69 feet to a line that is 5 feet westerly of and parallel with the east line of said Lot 1; thence South 14 degrees 50 minutes 38 seconds East along said parallel line, a distance of 28.82 feet to the existing drainage and utility easement line per said plat; thence South 76 degrees 43 minutes 52 seconds West, along said easement line, a distance of 83.97 feet to said parallel line; thence North 00 degrees 56 minutes 08 seconds West along said westerly parallel line a distance of 30.39 feet to the point of beginning. WHEREAS, a Public Hearing was held on May 20, 2025, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until a new conservation easement has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the conservation easement document has been recorded. ADOPTED by the Eden Prairie City Council on May 20, 2025. ________________________ Ronald A. Case, Mayor ATTEST: _______________________ David Teigland, City Clerk 21W. ST A R I N G LA.E. STARING LA.SORRELCIR . VIEW LA.CANYONRIDGEMORRAINEWAYSANDHILLCIR.RED ROCK HILLSIDEAVE. CIR. M O N T E R E Y CT.DR.CT. LAN C A S T E R L A .NSMACHCOREVERE LA.TOWERSCIR.STARR-TEAL WOODCT.BURG CT. WILLIAMS C T .MASON'SPOINTEPIONTER ULDOB RISEBOULDERVILLAEGSHERIDAN LA.OAKRD.DR.TAMRACKTRAILCYRESSHIAWA T H AAVE.HEATHERLA.DR.WOODSDR.CORRALVICTORIA DR. QUE E N STR.PL.ONDLANGWOODCIR .CIR. SUNRISE 16.CAMDHILL FORDPL.BRADBAKENEYRD.PO INTE RD.SWEET WATERCIR.HI CV . STA B U RRYW E ST HILL BRISTOL P O I N T E CO VEAZALEA TR.DR.CHESTNUTCUMBE R RD.80.N MONTGO M E R Y CT.110.AWEONHARROW WAY LLUN S K I L N .LP20.21.22.RAYMO55.56.RedLakeRockLakeMcCoyAWHIATHAA PheasantWoodsParkRed RockLake ParkLL ESC H O O L R D . G:\Public Works\Engineering\Drawings\Public Works\Easements\Vacations\2025\VAC 25-02.dwg DATE: 04/22/2025VACATION LOCATION MAPVAC 25-02SITE VACATION 25-02 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON THE PLAT OF BOULDER RIDGE OF EDEN PRAIRIE OVER LOT 1, BLOCK 1, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 20, 2025 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: The drainage and utility easement over, under and across that part of Lot 1, Block 1, BOULDER RIDGE OF EDEN PRAIRIE, Hennepin County, Minnesota described as follows: Commencing at the southwest corner of said Lot 1; thence North 00 degrees 56 minutes 08 seconds West, assumed bearing along the west line of said Lot 1, a distance of 111.50 feet; thence North 77 degrees 22 minutes 28 seconds East, a distance of 20.42 feet to a line that is 20 feet easterly of and parallel with said west line of Lot 1, said point being the point of beginning: thence continuing North 77 degrees 22 minutes 28 seconds East, a distance of 76.69 feet to a line that is 5 feet westerly of and parallel with the east line of said Lot 1; thence South 14 degrees 50 minutes 38 seconds East along said parallel line, a distance of 28.82 feet to the existing drainage and utility easement line per said plat; thence South 76 degrees 43 minutes 52 seconds West, along said easement line, a distance of 83.97 feet to said parallel line; thence North 00 degrees 56 minutes 08 seconds West along said westerly parallel line a distance of 30.39 feet to the point of beginning. By Order of the City Council Published in the Sun Sailor on May 1, 2025 NOTIFICATION LIST VACATION REQUEST 25-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 2111622110023 2111622120036 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy Arvig Verizon / Mi-Tech (for MCI) Terra Technologies, LLC (for Zayo) City Council Agenda Cover Memo Date: May 20, 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 317762 – 318185 Wire Transfers 11370 – 11415 Purchasing Card 11370 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 5/20/2025 Divison Amount 000 General Total 54,758 304 Senior Board Total 461 100 City Manager Total 3,516 308 E-911 Total 51,685 101 Legislative Total 16,980 315 Economic Development Total 2,288 102 Legal Counsel Total 27,508 317 Eden Prairie Players Total 442 110 City Clerk Total 691 502 Park Development Total 6,996 111 Customer Service Total 163 509 CIP Fund Total 49,491 112 Human Resources Total 150 526 Transportation Fund Total 22,767 113 Communications Total 360 543 Police Remodel Total 20,820 114 Benefits & Training Total 3,341 800 TIF Total 4,368 130 Assessing Total 1,633 Total Capital Projects Fund 159,319 131 Finance Total 20,633 132 Housing and Community Services Total 651 601 Prairie Village Liquor Total 131,143 133 Planning Total 1,717 602 Den Road Liquor Total 255,641 136 Public Safety Communications Total 439 603 Prairie View Liquor Total 134,074 137 Economic Development Total 10,059 605 Den Road Building Total 7,070 138 Community Development Admin. Total 74 701 Water Enterprise Fund Total 102,317 150 Park Administration Total 3,604 702 Wastewater Enterprise Fund Total 29,353 151 Park Maintenance Total 70,129 703 Stormwater Enterprise Fund Total 25,706 154 Community Center Total 32,011 Total Enterprise Fund 685,305 156 Youth Programs Total 831 157 Special Events Total 6,083 802 494 Commuter Services Total 24,013 158 Senior Center Total 3,000 810 Workers Comp Insurance Total 264,996 159 Recreation Administration Total 4,053 811 Property Insurance Total 250 160 Therapeutic Recreation Total 534 812 Fleet Internal Service Total 134,889 162 Arts Total 1,095 813 IT Internal Service Total 36,948 163 Outdoor Center Total 1,153 814 Facilities Capital ISF Total 1,982 168 Art Center Total 4,891 815 Facilities Operating ISF Total 28,332 180 Police Sworn Total 34,228 816 Facilities City Center ISF Total 17,128 184 Fire Total 31,627 817 Facilities Comm. Center ISF Total 43,898 186 Inspections Total 7,043 818 Dental Insurance Total 14,458 200 Engineering Total 4,805 820 Fencing Consortium Total 288 201 Street Maintenance Total 55,322 807 Benefits Fund Total 1,047,955 202 Street Lighting Total 162,830 Total Internal Svc/Agency Fund 1,615,136 Total General Fund 565,912 Report Total 3,050,295 303 Cemetery Operation Total 2,500 321 Opioid Settlement Total 22,108 804 100 Year History Total 15 Total Special Revenue Fund 24,622 City of Eden PrairieCouncil Check Register 5/20/2025 Check Amount Supplier/Explanation Account Description Business Unit Comments 11387(E)393,950 HEALTHPARTNERS Insurance Health and Benefits May 2025 Premiums 11414(E)311,536 UKG INC Taxes Withheld Health and Benefits PR Period Ending 05.02.25 317889 264,996 LEAGUE MN CITIES INS TRUST WC Workers Compensation Worker Comp Insurance Workers Comp Premiums 11413(E)232,781 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PR Period Ending 04.18.25 317946 164,711 XCEL ENERGY Electric Various Funds Multi-premise Electric 11395(E)136,175 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax Apr 2025 11370(E)92,068 USB-PURCHASING CARD Various Various Funds 318184 72,295 BS&A SOFTWARE New Software Various Funds 317904 72,034 NATIONAL AUTO FLEET GROUP Autos Fleet - Waste Water 11411(E)34,000 EMPOWER Deferred Compensation Health and Benefits 318118 31,873 INDEPENDENT EMERGENCY SERVICES LLC Maintenance Contracts E-911 Program 317853 29,946 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 318022 27,665 JOHNSON BROTHERS LIQUOR CO Liquor Products Received Liquor Funds 318084 27,593 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 318108 27,508 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 317880 24,657 HENNEPIN COUNTY TREASURER OCS - Other Contracted Services Opioid Settlement 317966 23,881 JOHNSON BROTHERS LIQUOR CO Liquor Products Received Liquor Funds 318109 23,069 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 318148 22,685 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 317926 21,578 STALKER RADAR Capital Under $25,000 Transportation Fund 11412(E)20,612 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 317957 20,501 BREAKTHRU BEVERAGE MN BEER LLC Liquor Products Received Liquor Funds 317878 20,128 HEALTH STRATEGIES Health & Fitness Fire 318067 20,000 BERGANKDV LTD Audit & Financial Finance 318179 19,812 WASHINGTON COUNTY Maintenance Contracts E-911 Program 317959 19,640 CAPITOL BEVERAGE SALES LP Liquor Products Received Liquor Funds 11388(E)19,414 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card Fees Liquor Funds 317912 18,993 PRECISION UTILITIES OCS - Equipment / Vehicles Water Distribution 11373(E)18,807 WEX Health Savings Account Health and Benefits 317836 18,537 BKV GROUP OCS - Other Contracted Services Police Remodel 317995 16,752 JOHNSON BROTHERS LIQUOR CO Liquor Products Received Liquor Funds 317791 16,545 JOHNSON BROTHERS LIQUOR CO Liquor Products Received Liquor Funds 11397(E)14,957 CARD CONNECT Credit Card Fees Various Funds 317798 14,687 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Products Received Liquor Funds 11381(E)14,530 PAYCHEX Wages and Benefits 494 Corridor Commission 318111 13,680 HAWKINS INC Chemicals Water Treatment 317949 13,500 MINNEAPOLIS COMMERCIAL MOWER & WELDING INC Capital Under $25,000 Park Maintenance 317795 13,394 PHILLIPS WINE AND SPIRITS INC Liquor Products Received Liquor Funds 317783 13,054 BREAKTHRU BEVERAGE MN BEER LLC Liquor Products Received Liquor Funds 318112 12,861 HENNEPIN COUNTY TREASURER OCS - Other Contracted Services Economic Development 317840 12,579 BRINKMANS INC Capital Under $25,000 Park Maintenance 318137 12,100 MINNESOTA ROADWAYS CO OCS - Asphalt/Concrete Various Funds 318083 11,302 CRYSTEEL TRUCK EQUIPMENT Capital Under $25,000 Street Maintenance 317923 10,712 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 318136 10,345 MINNESOTA LIFE INSURANCE COMPANY Disability Ins Employers Health and Benefits 317822 10,218 ABM ONSITE SERVICES-MIDWEST Janitor Services Various Funds 317916 10,200 REINDERS INC Chemicals Park Maintenance 317825 9,800 ALLIANT ENGINEERING 317807 9,798 BREAKTHRU BEVERAGE MN BEER LLC 11392(E)9,576 CHASE 318128 9,519 MANSFIELD OIL COMPANY 317784 8,969 BREAKTHRU BEVERAGE MN WINE & SPIRITS 317811 8,784 JOHNSON BROTHERS LIQUOR CO 318156 8,413 SHI CORP 11371(E)8,395 HEALTHPARTNERS 317815 8,257 PHILLIPS WINE AND SPIRITS INC 317864 8,200 DRONESENSE INC 317816 8,181 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 317768 8,173 JOHNSON BROTHERS LIQUOR CO 11391(E)8,150 BPAS 317875 8,131 GRAYMONT 317773 8,127 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Check Amount Supplier/Explanation Account Description Business Unit Comments3181058,022 GRAYMONT 318060 7,950 A-1 STRIPES INC 317770 7,868 PHILLIPS WINE AND SPIRITS INC 317764 7,232 BREAKTHRU BEVERAGE MN BEER LLC 317879 6,822 HENNEPIN COUNTY TREASURER 318167 6,661 THE JAMAR COMPANY 317987 6,550 BREAKTHRU BEVERAGE MN BEER LLC 318117 6,374 IMPACT PROVEN SOLUTIONS 317958 6,357 BREAKTHRU BEVERAGE MN WINE & SPIRITS 317785 6,303 CAPITOL BEVERAGE SALES LP 317877 6,243 HAWKINS INC 317883 5,782 ISG 317977 5,717 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 317844 5,493 CARGILL INC 318107 5,000 GREAT LAKES DRONE COMPANY, LLC. 317918 4,994 SCOTT COUNTY 318003 4,966 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 318013 4,932 BREAKTHRU BEVERAGE MN BEER LLC 318076 4,922 CENTERPOINT ENERGY 318127 4,894 MADISON NATIONAL LIFE INSURANCE CO INC 317990 4,873 CAPITOL BEVERAGE SALES LP 317845 4,600 CASTRO CLEANING LLC 318095 4,570 EXCEL LAWN & LANDSCAPE 318183 4,258 XIGENT SOLUTIONS LLC 318163 4,254 STERLING FENCE INC 11398(E)4,196 HEALTHPARTNERS 317929 4,060 STREICHERS 317808 4,044 BREAKTHRU BEVERAGE MN WINE & SPIRITS 318132 4,000 MESSERLI & KRAMER 317899 3,928 METRO SALES INCORPORATED* 317886 3,810 KREMER SERVICES LLC 317765 3,759 BREAKTHRU BEVERAGE MN WINE & SPIRITS 318102 3,643 GARTNER REFRIGERATION & MFG INC 318175 3,566 VAN PAPER COMPANY 317982 3,546 WINE COMPANY, THE 318138 3,524 MINNESOTA VALLEY ELECTRIC COOPERATIVE 317867 3,500 EXPRESSIVE! 317974 3,497 PHILLIPS WINE AND SPIRITS INC 317769 3,353 PAUSTIS & SONS COMPANY 318032 3,347 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 317901 3,275 MINNESOTA FIRE SERVICE CERTIFICATION BOA 318182 3,272 XCEL ENERGY 318085 3,238 DODGE OF BURNSVILLE 317839 3,138 BRAUN INTERTEC CORPORATION 317985 3,106 ARTISAN BEER COMPANY 318088 3,017 EARL F ANDERSON 317779 2,988 ARTISAN BEER COMPANY 317945 2,913 WM MUELLER AND SONS INC 318103 2,876 GENUINE PARTS COMPANY 11406(E)2,827 INVOICE CLOUD INC 318001 2,790 PHILLIPS WINE AND SPIRITS INC 317953 2,774 ARTISAN BEER COMPANY 318164 2,760 STREICHERS 317789 2,669 HOHENSTEINS INC 318152 2,656 PRESCRIPTION LANDSCAPE 318150 2,608 POMP'S TIRE SERVICE INC 317832 2,570 BECKER ARENA PRODUCTS INC 317843 2,562 BRYAN ROCK PRODUCTS INC 317794 2,542 PAUSTIS & SONS COMPANY 318093 2,500 ENDEAVOR DEVELOPMENT 318140 2,432 MTI DISTRIBUTING INC 11385(E)2,417 WEX 317913 2,360 PRO TREE OUTDOOR SERVICES 317892 2,324 LOGIS 317906 2,310 NORATEK SOLUTIONS INC 317871 2,309 GENUINE PARTS COMPANY Check Amount Supplier/Explanation Account Description Business Unit Comments3179512,283 CITY OF EDEN PRAIRIE 318115 2,281 HOME DEPOT 318178 2,265 WALL TRENDS INC 317846 2,248 CDW GOVERNMENT INC. 318096 2,248 FASTENAL COMPANY 317932 2,247 SYSCO WESTERN MINNESOTA 317842 2,236 BRS-BLUE RAVEN SOLAR 318130 2,200 MARTIN-MCALLISTER 317963 2,127 HOHENSTEINS INC 317781 2,126 BELLBOY CORPORATION 11383(E)2,096 PERA 317848 2,087 CHARLES SPEIKERS 317938 2,001 VAN PAPER COMPANY 318168 2,000 TINTPROS PLATINUM AUTO WRAPS 317915 2,000 RASMUSSEN JAMES 318143 1,982 NEW LINE MECHANICAL INC 317984 1,913 WINEBOW 317767 1,912 HOHENSTEINS INC 317881 1,862 HOUSTON ENGINEERING INC 318073 1,843 CDW GOVERNMENT INC. 317936 1,814 TWIN CITIES DOTS AND POP LLC 317896 1,791 MENARDS 317828 1,785 ASPEN ESTATES REALTY LLC 318119 1,750 INTERNATIONAL UNION OF OPERATING 317806 1,748 BELLBOY CORPORATION 317937 1,704 US LEGACY PROMOTIONS 317895 1,700 MEDICINE LAKE TOURS 318014 1,688 BREAKTHRU BEVERAGE MN WINE & SPIRITS 317831 1,680 BARTLEY SALES COMPANY INC 317922 1,675 SMOKIN HOT DISH 11386(E)1,668 FIDELITY SECURITY LIFE INSURANCE CO 11399(E)1,657 WEX 318015 1,637 CAPITOL BEVERAGE SALES LP 317960 1,630 CLEAR RIVER BEVERAGE CO 317814 1,622 PAUSTIS & SONS COMPANY 318010 1,612 ARTISAN BEER COMPANY 318029 1,604 PHILLIPS WINE AND SPIRITS INC 318181 1,601 WM MUELLER AND SONS INC 317935 1,600 TRAFFIC CONTROL CORPORATION 317855 1,586 CORE & MAIN 317776 1,571 WINE MERCHANTS INC 317988 1,559 BREAKTHRU BEVERAGE MN WINE & SPIRITS 317809 1,558 CAPITOL BEVERAGE SALES LP 317766 1,555 CAPITOL BEVERAGE SALES LP 317944 1,550 WL HALL COMPANY 318016 1,468 CLEAR RIVER BEVERAGE CO 318166 1,428 THE ADVENT GROUP 11372(E)1,387 WEX 317802 1,351 WINE MERCHANTS INC 318006 1,343 WINE COMPANY, THE 317804 1,337 ARTISAN BEER COMPANY 318077 1,304 CENTURYLINK 317869 1,288 FIRE SAFETY USA INC 318007 1,277 WINE MERCHANTS INC 317788 1,273 GREAT LAKES COCA-COLA DISTRIBUTION 11396(E)1,267 AMERICAN EXPRESS 317763 1,251 BELLBOY CORPORATION 318038 1,242 WINE COMPANY, THE 317931 1,200 SUBURBAN WILDLIFE CONTROL INC 318008 1,171 WINEBOW 317868 1,165 FASTENAL COMPANY 317876 1,154 GREAT LAKES COCA-COLA DISTRIBUTION 318099 1,153 FLEETPRIDE INC 317813 1,136 MAVERICK WINE LLC 318147 1,088 PALADIN TECHNOLOGIES 318165 1,073 SYSCO WESTERN MINNESOTA Check Amount Supplier/Explanation Account Description Business Unit Comments3181061,056 GREAT LAKES COCA-COLA DISTRIBUTION 317992 1,046 HOHENSTEINS INC 318129 1,042 MARCO INC 318135 1,040 MIDWEST PLAYSCAPES 318028 1,027 PAUSTIS & SONS COMPANY 317762 971 ARTISAN BEER COMPANY 318040 947 WINEBOW 318134 925 METROPOLITAN FORD 318155 921 R & R SPECIALTIES OF WISCONSIN INC 317908 918 PAFFY'S PEST CONTROL 317810 902 HOHENSTEINS INC 317796 881 RISE RIGHT LLC 318159 873 SOLUTION BUILDERS 318100 855 FLYING CLOUD TRANSFER STATION 4553 11404(E)839 WEX 317925 821 ST FRANCIS VETERINARY CLINIC 317956 818 BELLBOY CORPORATION 318185 810 VETERAN SHREDDING 317911 801 PRAIRIE ELECTRIC COMPANY 317849 763 CINTAS CORPORATION 318104 744 GRAINGER 318113 742 HENNEPIN COUNTY TREASURER 317820 739 WINE MERCHANTS INC 317970 725 MAVERICK WINE LLC 11376(E)713 PMA FINANCIAL NETWORK INC 318065 712 ASSURED SECURITY 317826 698 AMBIA ENERGY LLC 317981 689 VINOCOPIA 318131 682 MENARDS 318075 675 CEMSTONE PRODUCTS COMPANY 318170 672 TOPPERS AND TRAILERS PLUS 318019 668 HOHENSTEINS INC 317933 644 TEE JAY NORTH INC 317898 633 METRO ELEVATOR 317786 632 CLEAR RIVER BEVERAGE CO 317890 630 LEIFELD FRAMING 318162 625 STAR TRIBUNE 11389(E)614 US BANK - CREDIT CARD MERCHANT ONLY 318036 607 VINOCOPIA 318171 600 TOTAL ENTERTAINMENT/KIDSDANCE PROD. 318125 600 LAVAN FLOOR COVERING 318025 600 LUPULIN BREWING COMPANY 317994 600 INSIGHT BREWING COMPANY LLC 317919 595 SHADYWOOD TREE EXPERTS INC 318174 570 ULINE 317854 560 CONCRETE CUTTING AND CORING 317965 556 INSIGHT BREWING COMPANY LLC 317968 554 LAGOM NATURALS LLC 318139 550 MINT CONDITION DETAILING INC 317940 537 VESTIS SERVICES LLC 317921 534 SITEONE LANDSCAPE SUPPLY, LLC 317902 509 MINNESOTA VALLEY ELECTRIC COOPERATIVE 11375(E)508 WEX 11374(E)500 WEX 317894 500 MEALS ON WHEELS 317862 500 DIETHELM, TAMMY L 11415(E)500 UKG INC 318066 499 BARNUM GATE SERVICES INC 318098 497 FELICIA THAMES 317782 490 BOURGET IMPORTS 317882 483 INDIGO SIGNWORKS, INC. 317996 480 LUPULIN BREWING COMPANY 317997 479 MAVERICK WINE LLC 317866 475 ELECTRIC PUMP LLC 317893 470 MASTER ELECTRIC CO INC 317837 460 BLOOMINGTON, CITY OF Check Amount Supplier/Explanation Account Description Business Unit Comments318145460OXYGEN SERVICE COMPANY 317991 459 CLEAR RIVER BEVERAGE CO 11379(E)456 WEX 318064 452 ALLEGRA PRINTING 318146 450 PAFFY'S PEST CONTROL 317914 444 PROPIO LS LLC 317973 443 PAUSTIS & SONS COMPANY 318116 441 HORIZON COMMERCIAL POOL SUPPLY 318169 431 TOLL GAS AND WELDING SUPPLY 317909 430 PETERSON COUNSELING AND CONSULTING LLC 317823 429 AIRGAS USA LLC 11405(E)427 INVOICE CLOUD INC 318005 427 VINOCOPIA 11409(E)425 WEX 11410(E)418 MINNESOTA DEPT OF REVENUE 318133 415 METRO ELEVATOR 317943 411 WILSONS NURSERY INC 318087 405 DOMACE VINO LLC 318094 404 ESTRINE, ROBERT 317834 402 BIFFS INC 318061 400 ADVANTAGE PROPERTY MAINTENANCE INC 318027 399 MEGA BEER 317998 397 MEGA BEER 317872 385 GERTENS 318062 377 AIRGAS USA LLC 11408(E)377 WEX 318110 375 GYM WORKS 318039 374 WINE MERCHANTS INC 317863 369 DIGGINS NICHOLE DAY 318030 362 PRYES BREWING COMPANY 317969 360 LUPULIN BREWING COMPANY 317818 360 UNMAPPED BREWING CO 317971 355 MEGA BEER 317955 353 BARREL THEORY BEER COMPANY 317803 353 WOODEN HILL BREWING COMPANY LLC 317787 350 ELM CREEK BREWING COMPANY 318081 347 COMCAST 317942 345 WARNING LITES 317980 339 VENN BREWING COMPANY 11378(E)337 WEX 317924 330 ST CROIX LINEN LLC 318160 329 SPS COMPANIES 318044 328 BRETT JOHNSON 318151 327 PRAIRIE ELECTRIC COMPANY 11403(E)322 WEX 318153 318 PROP - PR 318082 316 CONCRETE CUTTING AND CORING 317812 310 LUCE LINE BREWING CO LLC 317999 305 MODIST BREWING COMPANY 318035 304 VENN BREWING COMPANY 317950 300 PETTY CASH 318090 297 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 318063 295 ALISSA PICHA 317885 293 KORAS, JORDAN 318172 288 TOWN LAW CENTER PLLP 318012 288 BARREL THEORY BEER COMPANY 317780 288 BARREL THEORY BEER COMPANY 317861 278 DELTA DENTAL 317907 277 NORTHERN SAFETY TECHNOLOGY INC 317903 274 MOHN, MATT 317860 264 DAKOTA SUPPLY GROUP INC 318126 250 LEAGUE MN CITIES INS TRUST 317859 250 DAKOTA COUNTY SHERIFFS DEPT 318024 246 LAGOM NATURALS LLC 318141 240 MUEHLBAUER, THOMAS G 317835 240 BIG STATE INDUSTRIAL SUPPLY INC Check Amount Supplier/Explanation Account Description Business Unit Comments318173235TRANSUNION RISK & ALTERNATIVE DATA 11402(E)235 WEX 318177 230 VESTIS SERVICES LLC 317805 221 BARREL THEORY BEER COMPANY 317775 221 VINOCOPIA 317941 219 VIK, LISA 317884 219 KLEINWACHTER, NICK 317873 219 GOLDENSTEIN, JAMES 317851 219 CLARK DENNIS 317833 219 BENKOWSKI ALYSSA 318045 218 CHARLES HEADY 317986 216 BARREL THEORY BEER COMPANY 317841 215 BROADWAY AWARDS 317939 211 VANSICKLE-MCGINTY, PATTI 318037 210 VIP WINE & SPIRITS LTD 318017 209 HACKAMORE BEWING COMPANY LLC 317972 208 MODIST BREWING COMPANY 317874 204 GRAINGER 317910 204 POMP'S TIRE SERVICE INC 318086 200 DOELY KEVIN 317887 199 LANDS END CORPORATE SALES 318000 198 PAUSTIS & SONS COMPANY 318026 194 MAVERICK WINE LLC 317797 192 SHAMROCK GROUP, INC - ACE ICE 318018 189 HEADFLYER BREWING 317962 189 HEADFLYER BREWING 318034 186 UNMAPPED BREWING CO 317993 186 INBOUND BREW CO 317821 185 WOODEN HILL BREWING COMPANY LLC 317948 183 STATE OF MINNESOTA 317847 182 CENTURYLINK 317952 180 ARBEITER BREWING COMPANY LLC 317947 180 ZACKS INC 317792 177 MEGA BEER 317799 175 STEEL TOE BREWING LLC 317975 174 PRYES BREWING COMPANY 11401(E)169 WEX 317793 169 MONTGOMERY BREWING COMPANY LLC 317774 165 STEEL TOE BREWING LLC 317976 162 SHAMROCK GROUP, INC - ACE ICE 318046 160 ERICH SCHELLHAS 317979 159 STEEL TOE BREWING LLC 318054 156 MARCUS LOWE 318114 156 HENNEPIN COUNTY TREASURER 317824 155 ALLEN'S SERVICE INC 317928 154 STAVE NOAH 318031 154 RED BULL DISTRIBUTING COMPANY INC 318101 151 GADBOIS ADAM 318011 150 BACK CHANNEL BREWING COLLECTIVE LLC 318009 150 56 BREWING LLC 317954 150 BACK CHANNEL BREWING COLLECTIVE LLC 318041 146 ANDREW NOVAK 318002 146 SHAMROCK GROUP, INC - ACE ICE 317850 146 CINTAS CORPORATION #470 317817 140 STEEL TOE BREWING LLC 318122 139 KAPAUN, RYAN 317870 135 GALLS LLC 318055 134 NATE KELLY 317777 131 WOODEN HILL BREWING COMPANY LLC 317961 130 HAGGARD BARREL BREWING COMPANY LLC 318149 128 PILGRIM DRY CLEANERS INC 317790 122 INBOUND BREW CO 318158 122 SITEONE LANDSCAPE SUPPLY, LLC 11384(E)121 WEX 318161 121 STAPLES ADVANTAGE 317771 121 SHAMROCK GROUP, INC - ACE ICE Check Amount Supplier/Explanation Account Description Business Unit Comments318058120SUDHA RAJAGOPAL 317778 120 56 BREWING LLC 317920 120 SHRED RIGHT 318157 118 SHRED RIGHT 317772 117 SMALL LOT MN 318120 114 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD 317983 113 WINE MERCHANTS INC 318071 112 BROADWAY AWARDS 318056 110 PHILIP LEIVESTED 318078 110 CHC CREATING HEALTHIER COMMUNITIES 318021 110 INVICTUS BREWING CO 317964 102 INBOUND BREW CO 317989 102 BROADWAY AWARDS 11394(E)102 WEX 318033 101 STEEL TOE BREWING LLC 317819 99 VINOCOPIA 317801 99 VINOCOPIA 318050 93 JESSIE SHAHINIAN 317905 90 NOKOMIS SHOE SHOP 317891 88 LENZON ARTS 318097 87 FASTSIGNS 318043 84 BLAKE PFLEIDERER 318020 84 INBOUND BREW CO 11382(E)80 PAYCHEX 11380(E)77 WEX 318080 76 COMCAST 318180 75 WAYTEK INC 318049 75 IH2 PROPERTY ILLINOIS, LP 318123 74 KLIMA, JULIE 318004 72 VENN BREWING COMPANY 317865 72 ECM PUBLISHERS INC 318048 69 HPT CY TRS 318069 69 BETHANY KERVAN 318068 68 BERRY COFFEE COMPANY 318089 66 EDEN PRAIRIE CRIME PREVENTION FUND 318121 61 KALLIGHER, ANDREA 318124 58 LANDS END CORPORATE SALES 317800 56 UNMAPPED BREWING CO 318176 53 VERIZON WIRELESS 11393(E)53 PAYA 11390(E)51 WEX 317856 48 CUB FOODS EDEN PRAIRIE 318074 45 CEDENO, LAURA 317838 45 BOHNSACK, SUE 318144 44 OLSEN CHAIN & CABLE 317927 42 STAPLES ADVANTAGE 317827 37 AMERICAN SOLUTIONS FOR BUSINESS 318079 34 COMCAST 317917 32 ROCKEY, JOSH 318072 27 CAWLEY COMPANY, THE 317829 25 ASPEN MILLS 318053 22 KELLEY LORIX 318057 17 RANDY ZEJDLIK 318142 16 NCPERS GROUP LIFE INSURANCE 318154 16 QUALITY PROPANE 317900 15 MINNESOTA EQUIPMENT 318042 14 ARNOLDO GANUZA 318059 13 VALERIE FERRARA 318052 13 KARRIN HAWKINS 11377(E)11 WEX 318051 11 JUDITH OWENS 318047 11 ESTATE OF MARK SCHOLLE 317830 11 ASTLEFORD EQUIPMENT COMPANY INC 318092 11 EDEN PRAIRIE FOUNDATION 318091 11 EDEN PRAIRIE FOUNDATION 317857 10 CULLIGAN BOTTLED WATER Check Amount Supplier/Explanation Account Description Business Unit Comments11407(E)10 WEX 317858 9 CUSTOM HOSE TECH 11400(E)7 NCR PAYMENT SOLUTIONS,PA, LLC 317888 6 LANO EQUIPMENT INC 317852 4 COMCAST 317934 4 TOLL GAS AND WELDING SUPPLY 318070 3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 3,050,295 Report Total City Council Agenda Cover Memo Date: May 20, 2025 Section: Ordinances and Resolutions Item Number: X.A. Department: Administration/City Attorney ITEM DESCRIPTION First reading of an ordinance amending City Code Section 2.86 REQUESTED ACTION Approve first reading of an ordinance amending City Code Section 2.86 relating to disposal of abandoned motor vehicles and unclaimed, found, and surplus property. SUMMARY City Code Section 2.86 contains provisions governing the disposal and sale of property that comes into the City’s possession in the course of municipal operations, including abandoned motor vehicles, found and unclaimed property, and excess or surplus property no longer needed for City purposes. Section 2.86 currently contains several procedural requirements before the City may sell or otherwise dispose of such property. For example, for both abandoned property that is unclaimed and for City property that is no longer needed, the Code requires that the City Council take formal action to declare such property as abandoned or surplus before staff may dispose of it. The requirement for Council declaration of abandoned or surplus property appears to have been adopted by the Eden Prairie City Council in early 1980s. State law does not currently require a resolution or other declaration by the governing body before disposing of unclaimed or surplus property. In reviewing historical versions of the statutes, it does not appear that such a resolution or declaration has ever been required under state law; this was simply a requirement that a prior Council determined to include. Staff recommends revising Section 2.86 to remove this Council declaration requirement. The proposed ordinance allows the City Manager or his designee to determine whether property is unclaimed or surplus, and to sell or other dispose such property in accordance with procedural and statutory requirements. This will provide greater efficiency for staff when handling unclaimed or surplus property and will avoid the need to expend Council resources on what is essentially an administrative task. In addition to this change, the proposed ordinance makes several other revisions intended to simplify and streamline the City’s obligations regarding abandoned motor vehicles and unclaimed, found, and surplus property. Regarding the sale of surplus or excess property, staff is still required to comply with Minnesota’s municipal contracting law and use the proper method (i.e., direct negotiation, quotations, or sealed bidding) to sell the property based on its estimated value. ATTACHMENTS Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2, SECTION 2.86 RELATING TO DISPOSAL OF ABANDONED MOTOR VEHICLES AND UNCLAIMED, FOUND, AND SURPLUS PROPERTY; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 2, Section 2.86 is deleted in its entirety and replaced with the following: SECTION 2.86. DISPOSAL OF ABANDONED MOTOR VEHICLES AND UNCLAIMED, FOUND, AND SURPLUS PROPERTY. Subd. 1. Abandoned Motor Vehicles. The City may tow, impound, and dispose of abandoned, junk, and unauthorized motor vehicles in accordance with the provisions of Minnesota Statutes Chapter 168B. Subd. 2. Unclaimed Property. A. Custody of Property Belonging to Others. Pursuant to Minn. Stat. § 471.195, the City Manager or their designee will have custody of property lawfully coming into the possession of the City in the course of municipal operations which remains unclaimed by the owner. Such property will be retained in a safe place for a period of at least ninety (90) days, unless claimed by the true owner with satisfactory proof of ownership. B. Disposal of Unclaimed Property. Any such property which remains unclaimed by the owner after ninety (90) days may be disposed of as follows: 1. Property may be sold at public auction upon ten (10) days’ published notice in the official newspaper describing the property to be sold and specifying the time and place of the sale. 2. Cash or other usable property may be converted to City use. 3. The City may enter into contracts with nonprofit organizations that have a significant mission of community service, for the purpose of disposing of unclaimed property through the sale of such property by such nonprofit organizations. C. Summary Disposal. The City Manager or their designee may dispose of unclaimed property without notice and in a summary manner when they believe this to be in the public interest and upon a determination that the property: 1. Is of a dangerous or perishable nature; 2. Is contraband; 3. Has nominal or no resale value; or 4. Cannot be legally or safely sold at public sale. D. Disposition of Funds. Together with found or unclaimed cash that has been held for at least ninety (90) days, all money received from the sale of unclaimed property will be delivered to the Finance Manager for deposit into the City’s general fund or a special revenue fund as directed by the City Manager. E. Rights of Former Owner. The owner of unclaimed property sold at auction will be paid the sale price thereof, less any expenses incurred by the City for storage, publication of notice, or sale of the property, from the appropriate City fund if application is made in writing and satisfactory proof of ownership is shown within six (6) months of the sale. F. Special Provisions – Police Department. Money and other property lawfully seized by or voluntarily surrendered to the Police Department at the scene of a crime or during an official police investigation will be retained and disposed of by the Police Department in accordance with Minnesota law and established Police Department policy. Subd. 3. Found Property. Property that is found by individuals not employed by the City and delivered to City as found property will be disposed of as follows: A. All found property will be posted on the City’s website for ninety (90) days. Bicycles that are determined to be junk will be disposed of immediately. B. If the owner of found property does not claim the property within ninety (90) days: 1. All cash will be converted to City use. 2. If the estimated value of the found property is less than $1,000, the finder may claim the property upon request to the City within thirty (30) days of expiration of the 90-day period. 3. If the estimated value of the found property is at least $1,000 but less than $5,000, the property may be claimed by the finder by contacting the City within thirty (30) days of expiration of the 90-day period. The finder must place an ad for one week in a local newspaper approved by the City. The ad must contain a brief description of the item, the general location found, and the finder’s phone number. If the owner of the property does not come forward, the finder may claim the found property upon request to the City. 4. If the estimated value of the found property is $5,000 or greater or if the finder does not claim the property, the property will be considered unclaimed property and disposed of in accordance with subdivision 2 of this section. C. A City employee who finds property in the ordinary course of their duties and delivers it to City is not a finder for the purposes of this subdivision 3. When a City employee delivers found property to City, the City will follow the procedures set forth in subdivision 2. Subd. 4. Surplus Property. A. The City Manager may, from time to time, determine that personal property owned by the City is surplus, obsolete, unused, or otherwise no longer needed for a municipal purpose and should be sold or otherwise disposed of. B. Sale of surplus property will be made in compliance with the provisions of Minn. Stat. § 471.345. Surplus property with nominal or no resale value may be disposed of at the discretion of the City Manager. C. All receipts from sales of surplus property under this section shall be placed in the City’s funds as directed by the City Manager Subd. 5. Sale to City Employees. A. No employee of the City who is a member of the administrative staff, a department head, a member of the Council, or an advisor serving the City in a professional capacity may be a purchaser of surplus or unclaimed property under this section. Other City employees may purchase surplus or unclaimed property from the City only if: (i) the sale is by public auction or sealed response; (ii) reasonable public notice has been given at least one (1) week prior to the sale; and (iii) the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses. B. Except as provided in subsection A, a City employee may not purchase surplus or unclaimed property from the City. A violation of this prohibition is a misdemeanor. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of __________________, 2025. _________________________________ _________________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2025. City Council Agenda Cover Memo Date: May 20, 2025 Section: Ordinances and Resolutions Item Number: X.B. Department: Fire Department ITEM DESCRIPTION First reading of an ordinance amending City Code Sections 9.05 and 10.01 REQUESTED ACTION Approve first reading of an ordinance amending City Code Section 9.05 relating to the Minnesota State Fire Code and Section 10.01 relating to the Minnesota State Building Code. SUMMARY The Fire Department enforces the Minnesota State Fire Code and the Minnesota State Building Code within the City. These Codes are adopted by City Code Sections 9.05 and 10.01, respectively. The attached ordinance proposes non-substantive, housekeeping-type amendments to Sections 9.05 and 10.01. Regarding Section 9.05, the Minnesota State Fire Code was amended in 2020, and several sections were re-numbered. The proposed ordinance simply updates the number references to ensure that they are correct and consistent with the current state-adopted Fire Code. Regarding Section 10.01, the State Building Code statutory chapter was renumbered in 2007 but the City Code was never revised to reflect the current statutory references. Further, a different state agency now establishes and adopts the Building Code. The proposed ordinance updates Section 10.01 to include correct statutory and other references, and also includes other minor amendments intended to simplify and clarify the section. ATTACHMENTS Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 9, SECTION 9.05 RELATING TO THE MINNESOTA STATE FIRE CODE AND OTHER FIRE REGULATIONS AND AMENDING CITY CODE CHAPTER 10, SECTION 10.01 RELATING TO MINNESOTA STATE BUILDING CODE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 9, Section 9.05, Subdivision 1 is hereby amended in the second sentence by deleting “K, and L” and replacing it with “O, and P”. Section 2. City Code Chapter 9, Section 9.05, Subdivision 3, Subsection B, Item 1, is amended by deleting “609.3.3” and replacing it with “607.3.3”, and by deleting “609.3.3.4” and replacing it with “607.3.3.4”. Section 3. City Code Chapter 9, Section 9.05, Subdivision 3, Subsection C, is amended as follows: a. In Item 1, by deleting “901.6.2” and replacing it with “901.6.3” and by deleting “901.6.2.2” and replacing it with “901.6.3.2”. b. In Item 2, by deleting “904.11” and replacing it with “904.12”. c. In Item 3, by deleting “907.10” and replacing it with “907.11”. Section 4. City Code Chapter 9, Section 9.05, Subdivision 3, Subsection E, Item 1, is amended by deleting “3104.20” and replacing it with “3107.17”. Section 5. City Code Chapter 9, Section 9.05, Subdivision 3, Subsection H is amended in the first line by deleting “Appendix K” and replacing it with “Appendix O”. Section 6. City Code Chapter 10, Section 10.01, is deleted in its entirety and replaced with the following: SECTION 10.01 – MINNESOTA STATE BUILDING CODE ADOPTED. Subd. 1. State Building Code Adopted by Reference. The Minnesota State Building Code (the “Code”), as adopted by the Commissioner Labor and Industry pursuant to Minnesota Statutes Sections 326B.101 to 326B.148, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Construction Codes and Licensing Division, is hereby adopted by reference. The Code is hereby incorporated in this section as if fully set forth herein. This section shall perpetually adopt and incorporate the most current edition of the Code. One (1) copy of the Code shall be kept in the office of the City Clerk. Subd. 2. Application, Administration, and Enforcement. Application, administration, and enforcement shall be in accordance with the Code. The Code shall be administered and enforced by the City’s Building Official and the Building Inspections Division. Subd. 3. Permits and Fees. The issuance of permits and the collection of fees shall be conducted as authorized in Minnesota Statutes Section 326B.121. Permit fees shall be assessed for work governed by the Code in accordance with the fee schedule adopted annually by the City’s Fee Resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by the Code in accordance with Minnesota Statutes Section 326B.148. Subd. 4. Building Code Optional Chapters. Minnesota Rule 1300.0060 allows the City to adopt by reference and enforce certain optional chapters of the Code. The following optional chapter identified in the most current version of the Code is hereby adopted and incorporated as part of the Code for the City: 1. Chapter 1306, Special Fire Protection Systems, with Minn. Rules 1306.0020, Subpart 2. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sections 9.99 and 10.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 2025 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of _______________, 2025. ____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on____________________________. City Council Agenda Cover Memo Date: May 20, 2025 Section: Ordinances and Resolutions Item Number: X.C. Department: Police Department ITEM DESCRIPTION First and second reading of an ordinance amending City Code Sections 5.37 and 5.40 REQUESTED ACTION Approve first and second reading of an ordinance amending City Code Section 5.37 relating to peddlers and Section 5.40 relating to gambling. SUMMARY The attached ordinance proposes amendments to two City Code sections that regulate certain businesses within the City: Section 5.37 - Peddlers City Code Section 5.37 regulates peddlers and solicitors operating in the City, and requires each individual to obtain a permit from the City. Persons who have a bad business reputation are not eligible for a permit, which generally means that there has been an enforcement action by the Minnesota Attorney General’s Office or another similar agency against the person. The proposed ordinance strengthens this provision and provides that a person is ineligible for a peddler’s permit not only if they individually have a bad business reputation, but also if the company or business for which they will be working has a bad business reputation. The amendment also broadens the types of sustained findings or enforcement actions that support a finding of a bad business reputation. This change is intended to give the Police Department additional authority to deny a permit application when it involves a company with a bad business reputation. Section 5.40 - Gambling City Code Section 5.40 regulates lawful gambling in the City. Under state law, the City has the authority to issue required premises permits when an “organization,” defined under state law as any fraternal, religious, veterans, or other nonprofit organization, wishes to conduct gambling activities in the City (pull-tabs, for example). Currently, any organization, wherever located, may apply to conduct lawful gambling in the City. To ensure that lawful gambling conducted in Eden Prairie supports the City and its residents, the proposed ordinance amends Section 5.40 to require that, to be eligible for a premises permit, an organization must hold regularly scheduled meetings in the City and at least one- third of the organization’s members must reside in the City. Section 5.40 currently limits the number of premises operating lawful gambling in the City to six (four premises, plus one additional premises for each 10,000 residents in excess of 40,000). To avoid one organization holding all of the permits available for the City, the proposed ordinance amends Section 5.40 to provide that one organization may hold no more than 4 permits. The ordinance also amends to the application procedure, in response to recent changes in the way that the State Gambling Control Board processes applications. Finally, Section 5.40 requires each licensed organization to contribute 10% of their net profits to the City that can be used for any lawful purposes. In addition, Section 5.40 imposes a 1% tax on gross receipts of all gambling in the City to be used to cover the City’s costs in regulating lawful gambling. In recent cases, staff has determined that collection of the 1% tax is not necessary. The proposed ordinance amends Section 5.40 to make imposition of the tax discretionary at the determination of the City Manager. ATTACHMENTS Ordinance Resolution Approving Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.37 RELATING TO PEDDLERS AND SECTION 5.40 RELATING TO GAMBLING; 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, Section 5.37, Subdivision 5, Subsection D is hereby deleted in its entirety and replaced with the following: D. Owns or is employed by, affiliated with, or representing a company or business that has a bad business reputation, evidence of which shall include the existence of a sustained complaint or enforcement action against the person by the Office of the Minnesota Attorney General or another Minnesota state regulatory agency or another state’s regulatory office or department (such as another state’s attorney general’s office or labor department), or other public or private business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the City or another city, town, or other political subdivision against the person that resulted in a written reprimand or warning to the person within the preceding five (5) years. Section 2. City Code Chapter 5, Section 5.37, Subdivision 5, Subsection E is hereby amended by adding the phrase “in Minnesota or elsewhere” after the word “regulations”. Section 3. City Code Chapter 5, Section 5.40, Subdivision 3 is hereby deleted in its entirety and replaced with the following: Subd. 3. Prohibition; Authorized Organizations. A. There shall be no gambling in the City except in accordance with the provisions of this section and the provisions of Minnesota Statutes Chapter 349 and rules adopted pursuant thereto. B. No organization may conduct lawful gambling in the City unless: 1. The organization is in full compliance with the licensing and permitting requirements of Minnesota Statutes Chapter 349; 2. The organization holds regularly scheduled meetings at a location within the City; and 3. At least one-third of the organization’s members reside within the City. Section 4. City Code Chapter 5, Section 5.40, Subdivision 6 is hereby deleted in its entirety and replaced with the following: Subd. 6. Application for Approval of Premises Permit. A. An organization seeking to obtain the City’s approval for a premises permit from the Gambling Control Board (“Board”) must file with the Police Department a complete duplicate application, together with all exhibits and documents that will accompany the application to be filed with the Board. B. After review of the application and consideration of the conditions of Subdivision 7, the Chief of Police will recommend approval or disapproval of the premises permit to the Council. The Council will approve or disapprove the premises permit by resolution. C. If the Council approves the premises permit, the organization must submit the premises permit application, accompanying exhibits and documents, and Council resolution approving the permit to the Board within ninety (90) days of the date of Council approval, or the Council approval is void. Section 5. City Code Chapter 5, Section 5.40, Subdivision 7 is hereby amended by adding the following new subsection C: C. No more than four (4) premises permits will be approved for any one (1) organization. Section 6. City Code Chapter 5, Section 5.40, Subdivision 8, Subsection A is hereby deleted and replaced with the following: A. The City may, at the discretion of the City Manager, impose and collect a tax on all lawful gambling conducted in the City by licensed organizations. If the tax is imposed, the following provisions of this subdivision apply. Section 7. 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 8. This ordinance shall become effective from and after the date of its passage and publication. FIRST AND FINALLY READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 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 20th day of May, 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 May 20, 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, SECTION 5.37 RELATING TO PEDDLERS AND SECTION 5.40 RELATING TO GAMBLING; 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, Section 5.37 relating to peddlers and Section 5.40 relating to gambling. The revision to Section 5.37 expands and clarifies the grounds on which an individual will be eligible for a peddlers permit. The revision to Section 5.40 requires that, to be eligible to be conduct lawful gambling in the City, an organization must conduct regular meetings in the City and at least one-third of its members must reside in the City. The ordinance also limits any one organization to holding no more than four gambling premises permits in the City. Finally, the ordinance makes discretionary the imposition of a statutorily authorized tax on an organization’s gross receipts on lawful gambling. 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 May, 2025. (A full copy of the text of this Ordinance is available from City Clerk.)