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HomeMy WebLinkAboutCity Council - 07/15/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, July 15, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter MEETING AGENDA Heritage Rooms I. 2026 – 2027 Budget Council Chambers II. Open Podium III. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, July 15, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. American Red Cross lifeguard training award B. PeopleFest! Week Proclamation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, June 17, 2025 B. City Council Meeting held Tuesday, June 17, 2025 VII. Consent Calendar A. Clerk’s List B. Approve second reading of an Ordinance amending City Code Sections 2.26 and 10.05 relating to moving buildings and Section 9.10A relating to fire alarm systems C. Adopt Resolution requesting regional equipment garage funding from State of CITY COUNCIL MEETING AGENDA July 15, 2025 Page 2 Minnesota in 2026 bonding bill D. Adopt Resolution approving Tax Increment Financing special legislation E. Adopt Resolution supporting grant application for housing analysis related to Comprehensive Plan update F. Adopt Resolution approving plans and specifications and ordering advertisement for bids for Dell Road Improvements G. Approve construction contract for Water, Sewer, and Stormwater Utility repairs with Precision Utilities, Inc. H. Approve construction contract for Water, Sewer, and Stormwater Utility repairs with Krueger Excavating, Inc. I. Approve Agreement for Riley Creek Watershed Outlet Monitoring with Riley Purgatory Bluff Creek Watershed District J. Approve change order #1 for 2025 Pavement Rehabilitation Project with Bituminous Roadways, Inc. K. Approve the purchase of Freightliner 114SD Plus truck chassis from Transwest Trucks Superior/Boyer Trucks and its dump-box system and related accessories from Towmaster Truck Equipment L. Approve State of Minnesota grant contract for Liquor Store #2 Solar on Public Buildings award M. Award contract for the I-494 and Crosstown entry monument project to New Look Contracting, Inc N. Approve professional services agreement for design, bidding, and construction administration services of the 2025 Lift Station Rehab Project (Red Oak) with AE2S O. Approve contract for goods and services for camera upgrades to all three city owned liquor stores with Paladin Technologies P. Declare Fire Engine 41 as surplus property and authorize sale to Fire Safety USA, approve the purchase agreement and bill of sale execution with Fire Safety USA Q. Approve Joint Powers Agreement (JPA) between Eden Prairie Police Department and Minnesota Bureau of Criminal Apprehension (BCA) for Human Trafficking Investigators Task Force R. Approve change order #1 for Eden Prairie Police Department renovation project additional helical pile work with Minnesota Utilities and Excavating, LLC CITY COUNCIL MEETING AGENDA July 15, 2025 Page 3 S. Approve contract for replacement of Eden Prairie Community Center Boiler #1 heat exchanger with Total Mechanical Services, Inc. T. Award the contract to seal Fire Station 4 apparatus bay floor 4 to Surface Pros VIII. Public Hearings and Meetings A. Veridian by Civil Site Group. First reading of Ordinance for Planned Unit Development district review with waivers on 0.77 acres, adopt Resolution for Planned Unit Development concept review on 0.77 acres B. Adopt Resolution granting Conditional Use Permit for Dorenkemper House IX. Payment of Claims X. Ordinances and Resolutions A. Approve first reading of an ordinance amending Section 5.81 relating to cannabis retail businesses XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment City Council Agenda Cover Memo Date: July 15, 2025 Section: Proclamations and Presentations Item Number: IV.A. Department: Parks and Recreation ITEM DESCRIPTION Presentation recognizing the City of Eden Prairie being recognized for being a top aquatics safety training provider in the United States for the third year in a row. Aquatics Supervisor Nick Remmes will be present with the award to say a few words. REQUESTED ACTION No formal action requested SUMMARY The City of Eden Prairie was recognized as a Top Training Provider in the United States for 2024 from the American Red Cross (our 3rd year in a row receiving this recognition). This is based not only on quantity of aquatics trainings, but also on quality and participant satisfaction. The Parks and Recreation team is very proud of our efforts in providing high quality trainings for over 500 lifeguards and swim instructors not only in our community but the metro area, greater Minnesota, and beyond. We have recently hosted lifeguard instructor courses that have had participants from Florida and Tennessee who travelled to Eden Prairie just to attend our trainings. We are especially appreciative of our Aquatics Supervisor Nick Remmes and his talented team of lifeguards for the daily leadership they provide in keeping our community safe at both our outdoor beaches and indoor aquatics center. Also, for their collaborative efforts with the American Red Cross in providing such outstanding training opportunities! ATTACHMENTS None. City Council Agenda Cover Memo Date: Section: July 15, 2025 Proclamations and Presentations Item Number: IV.B. Department: Parks and Recreation Director Amy Markle ITEM DESCRIPTION PeopleFest! Week Proclamation REQUESTED ACTION No formal action requested. Mayor Case will read the proclamation. SUMMARY This proclamation will declare July 26 through August 3 as PeopleFest! Week. PeopleFest! Is an annual, weeklong celebration that honors and celebrates diversity in our community. ATTACHMENTS Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota PeopleFest! Week WHEREAS, Eden Prairie is a community composed of people from many backgrounds, races, ethnicities, abilities and identities; and WHEREAS, we are a City that is committed to the promotion of diversity, equity, inclusion and belonging; and WHEREAS, our community is more vibrant because of our diversity; and WHEREAS, cultural sharing leads to greater understanding and appreciation; and WHEREAS, “PeopleFest! A Community Celebration of Culture” is an annual, weeklong celebration that honors and celebrates the range of traditions that tell the rich story of our community; and WHEREAS, “PeopleFest!” offers many free opportunities to experience culture through stories, food, music, dance, visual art and more; and WHEREAS, the celebration’s main event is the “PeopleFest! Party” from 4 to 8 p.m. on Sunday, July 27 at Staring Lake Park; and WHEREAS, the “PeopleFest! Party” includes live music and dance performances, demonstrations and art experiences, as well as booths with a variety of cultural and educational organizations sharing their stories, activities and outreach. NOW, THEREFORE, BE IT RESOLVED, that the Eden Prairie City Council encourages everyone to take part in this community celebration of culture; and FURTHER, the Eden Prairie City Council does hereby proclaim July 26 through August 3, 2025, as “PeopleFest! Week” in Eden Prairie. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey Unapproved Minutes Eden Prairie City Council Workshop Tuesday, June 17, 2025 4 p.m. Flying Red Horse Ribbon Cutting Flying Cloud Drive and Town Center Place Eden Prairie, MN 55344 5:30 p.m. Workshop 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: Hennepin County Economic Development Manager Lily Shaw MEETING AGENDA 4 p.m. Flying Red Horse Ribbon Cutting 5:30 p.m. Heritage Rooms I. Elevate Hennepin Getschow opened by summarizing recent Council discussions regarding small business work and introduced Hennepin County Economic Development Manager Lily Shaw. Shaw introduced Elevate Hennepin, Hennepin County’s branch of small business support. Elevate Hennepin works to create accessible pathways to entrepreneurship by connecting entrepreneurs to vital resources. Elevate Hennepin dismantles barriers to business ownership, creates a diverse and inclusive peer network, and provides current and critical advising services. Small businesses create resilient communities, retain employees, and create beautiful spaces. 96 percent of businesses in Hennepin County have fewer than 100 employees, and 70 percent have fewer than ten. Only ten percent of businesses are owned by People of Color (POC). CITY COUNCIL MEETING AGENDA June 17, 2025 Page 2 Shaw explained Elevate Hennepin was founded in 2020 and provides one place to easily access resources, advisors, and learning opportunities at no cost. 19 Hennepin County cities support Elevate Hennepin through monetary investment, spreading the word, and hosting programs and events. Narayanan asked if Elevate Hennepin groups customers by sector. Shaw confirmed the Elevate Hennepin intake form collects information including type of business, age of business, number of employees, revenue, etc. Nelson asked if Cities are notified if a local small business receives Elevate Hennepin services. Shaw confirmed Cities are provided with a list of small businesses receiving services twice per year. Narayanan suggested partnering with school districts. Shaw noted Elevate Hennepin only services customers over 18 years of age but will provide information on other organizations supporting entrepreneurs under 18. Toomey asked if Elevate Hennepin’s funding has been affected. Shaw confirmed Elevate Hennepin is not federally funded, it is funded through Hennepin County’s Housing and Redevelopment Authority and City partners. Shaw gave an overview of ElevateHennepin.org, the online resource hub including Hennepin County resources and also City, State, and Federal resources. Businesses can access resources, view upcoming events, read stories about fellow business owners, schedule a session with an advisor, and more. The most popular resource is one-on-one advising. Elevate Hennepin contracts with 34 one-on-one advisors, and business owners can access up to 25 hours of no cost support with each advisor. Elevate Hennepin partners with culturally specific organizations to raise awareness. Narayanan asked if the website is public. Shaw confirmed the website is entirely public. Businesses do not need a login or password to complete the intake form. Elevate Hennepin provides support for all stages of the business life cycle. Support for the idea stage was recently added to help vet business ideas and connect entrepreneurs with peers in the same stage. Elevate Hennepin provides 10 areas of support including access to capital, accounting, business strategy, certification, financial management, human resources, idea stage, legal, marketing, and technology. Elevate Hennepin listens to business owners to add additional resources based on feedback. Narayanan asked which area of support would help an entrepreneur needing introductions to customers. Shaw stated business strategy support would CITY COUNCIL MEETING AGENDA June 17, 2025 Page 3 help identify where buckets would be, and marketing would assist with activating those customers. Shaw explained customers can use the business navigator tool to get started, which allows customers to schedule a session with an advisor. Elevate Hennepin has served over 1,600 small businesses through its Business Navigator tool. Shaw provided an example of small business Luro boots, which used Elevate Hennepin resources to access capital and update their website. Narayanan asked what kind of funding options are available through the access to capital support. Shaw confirmed there are multiple low financing small business loans from lenders such as MinnPACE and the Minnesota Consortium of Community Developers. Shaw next summarized available training programs for entrepreneurs. The CEO Start program is for entrepreneurs in the idea stage. Entrepreneurs work together in an 11 week program to build a solid foundation prior to investing time and money. Programs are available through each business lifecycle stage through CEO Next, for established companies with 10 to 99 employees. CEO Next helps businesses scale growth to expand regionally or nationally with peer to peer round tables, speakers, and networking with other CEOs. Entrepreneurs often move through the program chronologically, though it isn’t required. Narayanan asked if participants pay for each program. Shaw confirmed the programs are no cost other than a time investment. Shaw gave examples of small businesses who have graduated from programs, including Eden Prairie based Pizza Karma. Shaw noted Hennepin County provided a $4.2 million investment in Elevate Hennepin, which will be used to distribute small business and commercial loans. Shaw detailed other offerings of Elevate Hennepin. Multiple workshops and events are offered including Get Started, a virtual 75- minute workshop for entrepreneurs in the idea stage, and Thriving Thursdays, a three-hour in person office hours for entrepreneurs and advisors. Additionally, business owners receive access to hours of digital business development content. Shaw summarized the impact of Elevate Hennepin. 3,262 individuals have accessed one-on-one advising, resulting in 222 businesses being launched. 244 individuals have graduated from Elevate Hennepin learning cohorts. $35.8 million of financing has been facilitated, adding 688 jobs to CITY COUNCIL MEETING AGENDA June 17, 2025 Page 4 Hennepin County. Narayanan asked how business advisors assist with financing. Shaw stated business advisors will help applicants get their paperwork in order and fill out loan applications. Shaw shared information specific to Eden Prairie. In 2024 Elevate Hennepin supported 25 local businesses with 375 hours of assistance. Since inception in 2020, 67 Eden Prairie businesses have received 833 hours of support. Over $1.615 million in financing has created 30 jobs and launched three businesses. 55 percent of businesses assisted are female-owned. Narayanan asked how Eden Prairie compares to surrounding cities. Shaw noted each City is extremely unique in terms of support needed. Eden Prairie is on par with cities with similar populations. Shaw stated business owners have positive feedback about Elevate Hennepin. Hennepin County is continuing to invest in Elevate Hennepin to create jobs and generate revenue within communities. Shaw asked Eden Prairie to continue spreading the word. Shaw commended Economic Development Manager Dave Lindahl for his assistance in connecting small business owners with Elevate Hennepin. Toomey asked if Elevate Hennepin collaborates with chambers of commerce. Shaw confirmed Elevate Hennepin often presents to or hosts events with chambers of commerce. The Council members thanked Shaw for her time and efforts. Council Chambers II. Open Podium III. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, June 17, 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, HR/Administrative Services 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 p.m. All Council Members were present. II. Pledge of Allegiance Case stated their hearts, thoughts, and prayers are with the families affected by the recent shooting tragedy. He called for a moment of silence for the families, the State, and their democracy. III. Open Podium Invitation IV. Proclamations and Presentations A. City Government Academy Graduation Getschow stated the City Government Academy is a free, six-week program offering Eden Prairie residents a behind-the-scenes look at how their City operates. Each week, a different department is spotlighted while participants tour facilities, meet City staff, and learn about municipal government. The City Government Academy Class of 2025 completed the Academy in May. Each of the graduates received their diplomas. Many graduates commented on their appreciation of the program and the City of Eden Prairie. B. Tour de Tonka – Molly Bahneman, Coordinator for Minnetonka Preschool, Early Childhood and Family Education, and Junior Explorers CITY COUNCIL MEETING AGENDA June 17, 2025 Page 2 Molly Bahneman, Coordinator for Minnetonka Preschool, Early Childhood and Family Education, and Junior Explorers, pointed out that it is the 20th anniversary of Tour de Tonka. Ms. Bahneman noted 897 riders have registered and 118 Minnesota cities are represented. The routes are 16, 24, 40, 58, and 100 miles. The routes go through four counties and 25 cities. She showed a map of the various routes and noted their need for additional volunteers. Ms. Bahneman thanked law enforcement and safety partners for their support. C. Adopt Resolution No. 2025-053 accepting Parks and Recreation 2025 spring donations Markle explained that donations allow the City to offer special events, programs, and educational activities at little or no cost to residents. Businesses increase their exposure and interaction with the community and increase the ability of residents to enjoy programs. She listed the donors and donation amounts. MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2025-053 accepting multiple second quarter 2025 donations to Parks and Recreation. Motion carried 5-0. V. Approval of Agenda and Other Items of Business Narayanan added an item to XIII.A.1. Councilmember Reports. MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended. Motion carried 5-0. VI. Minutes MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, May 20, 2025, and the City Council meeting held Tuesday, May 20, 2025, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Approve second reading of Ordinance No. 10-2025 amending City Code Section 9.05 relating to the Minnesota State Fire Code and Section 10.01 relating to the Minnesota State Building Code, adopt Resolution No. 2025-054 approving summary ordinance C. Approve second reading of an Ordinance No. 11-2025 amending City Code Section 2.86 relating to disposal of abandoned motor vehicles and unclaimed, found, and surplus property, adopt Resolution No. 2025-055 approving Summary Ordinance CITY COUNCIL MEETING AGENDA June 17, 2025 Page 3 D. Adopt Resolution No. 2025-056 approving participation in performance measurement program established by Council on local results and innovation E. Adopt Resolution No. 2025-057 approving participation in cooperative agreement for Call Handling System (CHS-1) for PSAP (Primary System Answering Point) Software F. Approve purchase of dispatch communications equipment and services from Motorola Solutions, Inc. under Minnesota State Contract #220996 G. Approve amendment to Police Department and City Office Remodel Project contracts related to dispute resolution provision H. Approve contract for the removal and replacement of three lift station pumps with Electric Pump LLC I. Authorize entering into an agreement for the July 3rd drone show with Starlight Aerial Productions J. Approve Change Order #1 for additional Class 5 base and geo textile fabric at the Carmel Park Hard Court project K. Award contract for Round Lake hockey and tennis parking lot reconstruction to Minnesota Roadways, Co. L. Award contract for the 2025 Staring Lake hardcourt resurfacing to ATE Recreation, LLC M. Approve Riley Lake rental house lease extension MOTION: Nelson moved, seconded by Freiberg, to approve Items A-M on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Dell Road MUSA Guide Plan Change by City of Eden Prairie. Adopt Resolution No. 2025-058 for Guide Plan Change on 6 acres Getschow explained that during the review of the sewer extension permit for the Dell Road Project, the Metropolitan Council noted a discrepancy with the Metropolitan Urban Service Area (MUSA) boundary as shown on the City’s maps in comparison with the boundary on their maps. Seven properties to receive sanitary sewer services were outside of the MUSA boundary. A property must be within the MUSA boundary to receive sanitary sewer services. This amendment adopts the Met Council’s boundary. With the adjustment of the MUSA boundary, an adjustment of the guided land use is necessary, to ensure that land within the boundary is guided low density residential and the areas CITY COUNCIL MEETING AGENDA June 17, 2025 Page 4 outside the boundary are guided rural. Klima showed maps of the boundaries and sewer lines relevant to the requested action. Freiberg asked if there is a mandatory hookup. Ellis stated there won’t be a mandatory hookup. No one wished to address the Council for the public hearing. MOTION: Freiberg moved, seconded by Narayanan, to close the public hearing and adopt Resolution No. 2025-058 for a Guide Plan Change from Rural to Low Density Residential on six acres. Motion carried 5-0. B. Dorenkemper Certificate of Appropriateness by City of Eden Prairie. Approve Certificate of Appropriateness for building addition based on the findings of facts, adopt Resolution No. 2025-059 for Site Plan Review Getschow explained that the Dorenkemper structure is located in Riley Lake Park near the Riley Jaques Barn and house. The Dorenkemper structure was originally built in the 1850s at 18925 Pioneer Trail. In 2002, the structure was moved to Riley Lake Park and restored in 2006. On December 1, 2015, the house was formally designated as a local Heritage Preservation Site. Site boundaries are coextensive with those of the Riley-Jacques Farmstead Heritage Preservation Site. Getschow noted that the City has been coordinating with an Eden Prairie resident to use the structure as an independent bookstore. Any adaptive reuse would require updates to the structure, including updated electrical, water service, sanitary sewer service, and HVAC. In 2024, water and sanitary sewer service were extended to the structure to facilitate adaptive reuse. Other improvements include adding a restroom and a mechanical room for the HVAC systems. The building addition is 165 square feet and is proposed on the south side of the building off the kitchen. The exterior appearance will match the existing character and exterior materials of the home. The building addition requires approval of a Certificate of Appropriateness. Case asked if there are private structures in Eden Prairie that have a similar designation and would have to go through a similar procedure. Klima stated that the public designation and the improvements require this process to take place. There aren’t many private designations relevant to the process. Case asked if the bathroom is public. Klima stated that the bathroom is for public use during the business’s hours of operation. CITY COUNCIL MEETING AGENDA June 17, 2025 Page 5 No one wished to address the Council for the public hearing. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing, adopt the Findings of Fact and approve the Certificate of Appropriateness for a building addition onto the Dorenkemper structure, and adopt Resolution 2025- 059 for Site Plan Review. Motion carried 5-0. C. Danfoss Guide Plan Change by City of Eden Prairie. Adopt Resolution for Guide Plan Change from Industrial Flex Tech to Mixed Use on 40.31 acres and from Office to Mixed Use on 17.31 acres Gestschow explained that the City is initiating Comprehensive Guide Plan Changes for the guiding land use from Industrial Flex Tech and Office to Mixed Use for three parcels owned by Danfoss. Looking long term, mixed use offers more flexibility and allows for certain City goals to be satisfied, including destination retail, services, and housing. Getschow pointed out that the parcels are well situated, with visibility from Highway 5, and access from Mitchell Road, Technology Drive, and Highway 212. The parcels are a short walk from the Southwest Light Rail Station, and there is a trail along the south and east property lines. Klima noted that one of the parcels is guided for office use, and the three remaining parcels are guided as Industrial Flex Tech; all parcels are zoned I5. She explained the difference between a Comprehensive Plan and Zoning. Klima detailed the history of the site. Klima added that the departure of Danfoss presents a rare opportunity to examine how this property is best used based on current and long-term community goals and needs. Significant changes in housing and employment uses have occurred since the adoption of Aspire 2040. Klima explained the benefits of a mixed use for the site. Case asked what power the Guide Plan would have if a property were to be rezoned. Klima explained that a property may have been guided in a certain way that is no longer the best use for the site. The owner would need to go through a Comprehensive Plan amendment and a rezoning effort to change the site use. Case asked what the point of the recommended action is if it can be easily changed in the future. Klima stated that from the perspective of Staff, guiding the property in a certain way shows expectations and long-term vision of the City. Connor McCarthy, developer with United Properties, introduced himself. They plan to propose complementary uses on the site, similar to the goal of the City. CITY COUNCIL MEETING AGENDA June 17, 2025 Page 6 He explained they oppose the recommended action because there are high- quality industrial assets on the site. United has sought out potential users, and there is a lack of interest in the space by retail and entertainment businesses. He requested the Council avoids changing the guiding until the developer can propose a plan for the site. Alternatively, he requested only a portion of the site be reguided. MOTION: Nelson moved, seconded by Toomey, to close the public hearing and adopt Resolution No. 2025-060 for a Guide Plan Change from Industrial Flex Tech to Mixed Use on 40.31 acres and from Office to Mixed Use on 17.31 acres. Case asked if the proposed action would preclude an industrial use. Klima stated that the proposed guiding could allow for reuse of the industrial building. If the guiding were to remain industrial, then the City could receive an application at any time to take down and rebuild an industrial building. Case stated that changing the guided use doesn’t require the City to stay with the guided use. Klima explained that there is a Mixed Use Zoning that doesn’t include industrial uses. Mixed use could be several different zones coming together to support an entertainment destination or high-density housing. Motion carried 5-0. IX. Payment of Claims MOTION: Toomey moved, seconded by Naryananan, 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 A. First reading of an ordinance amending City Code section 2.26 and 10.05 relating to moving buildings and section 9.10A relating to fire alarm systems Getschow explained that City Code Section 10.05 currently requires that permit applications for moving buildings into or within the City be reviewed and approved by the Board of Adjustments and Appeals. Under City Code Section 2.26, the Planning Commission serves as the City’s Board of Adjustment and Appeals. However, there is little for the Planning Commission to comment upon in a building move. The location of the building is reviewed by Staff to confirm that all setbacks and lot coverage requirements are met. Additionally, any structure moved into the R1 zoning district, where a building move is most likely to occur, is not subject to building material standards. So long as the building meets zoning requirements and building codes, we cannot comment on the architecture or style of the structure being moved in. With these two considerations being addressed, CITY COUNCIL MEETING AGENDA June 17, 2025 Page 7 there is little to gain from a Planning Commission review of a building move while it holds up a building project upwards of 60 days due to applications and meeting schedules. Getschow stated that the proposed ordinance removes the requirement that a building move be approved by the Board of Adjustments and Appeals. It also removes the provision in Section 2.26 (which establishes the Board of Adjustments and Appeals) stating that the Board issues moving permits. The proposed ordinance also revises the appeal provision in Section 10.05 to provide for an appeal to the City Manager, who will make a determination after an independent hearing officer holds a hearing and makes a recommendation. This provision brings this section in line with the review and appeal procedures found in the City’s other permitting and licensing sections found in Chapter 5. Getschow added that City Code Section 9.10A requires a user fee for any fire alarm system that reports more than three false alarms to the City in a calendar year. The City’s fee schedule, however, provides for a user fee for all false alarms in excess of two per year. The Fire Department intends that fees be imposed after two false alarms, as stated in the fee schedule. The proposed ordinance, therefore, amends Section 9.10A to provide that user fees will be charged after two false alarms per year. Neuville added that the current process is cumbersome, so the proposed changes streamline the process. MOTION: Narayanan moved, seconded by Freiberg, to approve the first reading of an Ordinance amending City Code Sections 2.26 and 10.05 relating to moving buildings and Section 9.10A relating to fire alarms systems. Motion carried 5-0. XI. Petitions, Requests, and Communications XII. Appointments A. Students on Commissions Getschow explained that the Students on Commissions program is a great way for students to contribute to their community in an official capacity, while gaining valuable insight about municipal government. Applications for Students on Commissions positions were accepted from mid-April to the end of May. 54 applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. An orientation session will be held in late August. Student Commission member terms begin in September 2025 and run through May 2026. CITY COUNCIL MEETING AGENDA June 17, 2025 Page 8 MOTION: Toomey moved to appoint to the Flying Cloud Advisory Commission: Jiya Nair, Avery Robinson, Om Roshan, Liam Kremer, Ava Mahan-Cleveland, Kaavya Checka, Ava Willette; Narayanan moved to appoint to the Heritage Preservation Commission: Tatum Hesby: Kadie Crider, Fiona Rohde, Annika Rice, Jaya Agrawal, Nico Allen; Case moved to appoint to the Human Rights and Diversity Commission: Ikra Ibrahim, Abdulrahman Ali, Jia Chenchlani, Gatrika Ravella, Roshini Drakshapally, Anjolaoluwa Raimi, Nawal Abdullahi; Nelson moved to appointed to the Parks, Recreation and Natural Resources Commission: Jack Dennison, Seth Gilligan, Simone Kaura, Allison Schuessler, Daniel Siegert, Everett Gilligan, Ani Dirks, Rose Wicks; Freiberg moved to appoint to the Sustainability Commission: Atharva Sarmah, Ipshita Tiwari, Shailee Rana, Avni Maheshwari, Jhansi Senthilkumar, Paili Rice, Syon Shetty; seconded by Narayanan. Motion carried 5-0. XIII. Reports A. Reports of Council Members 1. Star Tribune Top Workplaces Narayanan pointed out that Eden Prairie was recognized as a great place to work for the 12th year in a row. Case noted that Bloomington and Chaska received similar recognition. He thanked Staff for their work on the City and commended the Council for their support of Staff. 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 CITY COUNCIL MEETING AGENDA June 17, 2025 Page 9 MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:47 p.m. Respectfully submitted, _________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.A. Department: Police/Support Unit ITEM DESCRIPTION Clerk’s License Application List REQUESTED ACTION Approve the licenses listed below SUMMARY Cigarette & Tobacco Products Licensee Name: NPB Financial LLC DBA: X-Golf Eden Prairie 12577 Castlemoor Drive Licensee Name: North Star Tobacco LLC DBA: Smoke World Vape 10140 Hennepin Town Road Licensee Name: EP Smokeys Tobacco & Vape Center In DBA: Smokeys Tobacco & Vape 8256 Commonwealth Drive Gambling/Raffle Organization: Bloomington Convention and Visitors Bureau Place: Bearpath Golf & Country Club 18100 Bearpath Trail Date: July 28, 2025 City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.B. Department: Fire Department ITEM DESCRIPTION Second reading of an ordinance amending City Code Sections 2.26, 9.10A, and 10.05 REQUESTED ACTION Approve second reading of an ordinance amending City Code Sections 2.26 and 10.05 relating to moving buildings and Section 9.10A relating to fire alarm systems SUMMARY Section 2.26 and 10.05 – Moving Buildings City Code Section 10.05 currently requires that permit applications for moving buildings into or within City to be reviewed and approved by the Board of Adjustments and Appeals. Under City Code Section 2.26, the Planning Commission serves as the City’s Board of Adjustment and Appeals. However, there is little for the Planning Commission to comment upon in a building move. The location of the building is reviewed by staff to confirm all setbacks and lot coverage requirements are met. Additionally, any structure moved into the R1 zoning district, where a building move is most likely to occur, is not subject to building material standards. So long as the building meets zoning requirements and building codes, we cannot comment on the architecture or style of the structure being moved in. With these two considerations being addressed, there is little to gain from a Planning Commission review of a building move while it holds up a building project upwards of 60 days due to applications and meeting schedules. The proposed ordinance therefore removes the requirement that a building move be approved by the Board of Adjustments and Appeals. It also removes the provision in Section 2.26 (which establishes the Board of Adjustments and Appeals) stating that the Board issues moving permits. The proposed ordinance also revises the appeal provision in Section 10.05 to provide for an appeal to the City Manager, who will make a determination after an independent hearing officer holds a hearing and makes a recommendation. This provision brings this section in line with the review and appeal procedures found in the City’s other permitting and licensing sections found in Chapter 5. Section 9.10A – False Fire Alarm Fees City Code Section 9.10A requires a user fee for any fire alarm system that reports more than three false alarms to the City in a calendar year. The City’s fee schedule, however, provides for a user fee for all false alarms in excess of two per year. The Fire Department intends that fees be imposed after two false alarms as stated in the fee schedule. The proposed ordinance therefore amends Section 9.10A to provide that user fees will be charged after two false alarms per year. The Council approved the first reading of the ordinance on June 17, 2025. 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 2, SECTION 2.26 AND CHAPTER 10, SECTION 10.05 RELATING TO MOVING BUILDINGS; AMENDING CITY CODE CHAPTER 9, SECTION 9.10A RELATING TO FIRE ALARM SYSTEMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99, 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 2, Section 2.26, Subdivision 2, Subsection A, Item 1, is amended by deleting the following sentence in its entirety: “The Board shall issue building moving permits pursuant to Chapter 10 of the City Code”. Section 2. City Code Chapter 9, Section 9.10A, Subdivision 1, Subsections A and B are amended to delete each instance of the phrase “three (3)” and replace it with the phrase “two (2)”. Section 3. City Code Chapter 10, Section 10.05, Subdivision 4, Subsection C is amended by deleting Items 1 and 2 and replacing them with the following: 1. Deny the permit for moving a building, stating in writing one (1) or more of the grounds stated in Subdivision 13 of this section; or 2. Authorize issuance of the permit. Section 4. City Code Chapter 10, Section 10.05, Subdivision 4, Subsection D is deleted in its entirety and Subsection E is re-lettered to be Subsection D. Section 5. City Code Chapter 10, Section 10.05, Subdivision 7 is deleted in its entirety and replaced with the following: Subd. 7. Appeal of Permit Decision. A. Hearing Request. Any person may appeal the decision of the Building Official authorizing or denying issuance of a permit under this section. To request appeal of a permit decision, the aggrieved person must file a hearing request with the City Clerk within ten (10) days from the date of the Building Official’s denial of or authorization for issuance of a permit. B. Hearing. If a hearing is requested, the City Clerk shall provide written notice to the person bringing the appeal and the applicant for the permit (if not the appellant) of the date, time and place of the hearing no less than fifteen (15) days prior to the hearing. The hearing shall be held by an impartial hearing officer who shall be appointed by the City Manager or his or her designee. Upon conclusion of the hearing, the hearing officer shall, within ten (10) days, make a recommendation to the City Manager in writing with findings supporting the recommendation. C. Decision. Within thirty (30) days of receipt of the hearing officer’s written recommendation, the City Manager shall make a decision on whether the Building Official’s decision is affirmed, reversed, or modified. The City Manager shall inform the person bringing the appeal, including findings and conclusions supporting the decision, within ten (10) days. D. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this section. The City Council may, on its own motion, determine to review the decision of the City Manager. Section 6. City Code Chapter 10, Section 10.05, Subdivision 10 is amended to delete the phrase “Board of Appeals and Adjustments,”. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sections 2.99, 9.99 and 10.99 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 its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 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. ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on____________________________. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of July, 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 July 15, 2025. __________________________ Ronald A. Case, Mayor ATTEST: _____________________________ David Teigland, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, SECTION 2.26 AND CHAPTER 10, SECTION 10.05 RELATING TO MOVING BUILDINGS; AMENDING CITY CODE CHAPTER 9, SECTION 9.10A RELATING TO FIRE ALARM SYSTEMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99, 9.99 AND 10.99 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 2, section 2.26, and Chapter 10, Section 10.05, to remove the requirement that a building move be approved by the Board of Adjustments and Appeals, and to bring this section in line with the review and appeal procedures found in the City’s other permitting and licensing sections found in Chapter 5. This ordinance also amends City Code Chapter 9, section 9.10A, to provide that user fees will be charged after two false alarms per year. 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 July, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.C. Department: Police ITEM DESCRIPTION Resolution to request funding from the State of Minnesota in the 2026 bonding bill for a regional equipment garage. REQUESTED ACTION Adopt Resolution requesting funding from the State of Minnesota in the 2026 bonding bill for a regional equipment garage. SUMMARY The police department is requesting the council approve a resolution requesting $2,233,000 in Minnesota’s 2026 bonding bill to cover the costs to design, construct, furnish and equip a garage and storage facility to house regional fire, police and other public safety equipment and vehicles to serve the city and surrounding communities. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-______ A RESOLUTION OUTLINING CITY COUNCIL SUPPORT FOR AN APPLICATION TO THE STATE OF MINNESOTA CAPITAL BUDGET FOR 2026 WHEREAS, the City of Eden Prairie is in need of a centralized facility to store multiple pieces of public safety equipment that serve the city and regional surrounding communities WHEREAS, the City of Eden Prairie will take delivery in 2026 of a new Police and Fire Mobile Command Center which will be one of the most modern and well-equipped in the area. The MCC will be a valuable asset to our surrounding partner agencies as well, and WHEREAS, this new space would also house our Crisis Negotiations and Tactical Response equipment that we utilize as part of a regional emergency response team, and WHEREAS, the Eden Prairie Police department is seen as a leader in robotics and technology use for de- escalation on our team. This specialized equipment needs to be stored in a centralized location near the police department for the best response scenarios possible, and WHEREAS, the City of Eden Prairie has funded the $26.5 million remodel of the police department to help facilitate our response to incidents in Eden Prairie and the surrounding region. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Eden Prairie that the City does hereby request the State of Minnesota to fund $2,233,000 in the 2026 Bonding Bill the costs to design, construct, furnish, and equip a garage and storage facility to house regional fire, police, and other public safety equipment and vehicles to serve the city and surrounding communities. BE IT FURTHER RESOLVED that the City will endeavor to seek other funding sources and commit its own available resources towards this project but it acknowledges that such a large percentage of such costs are likely well beyond the scope of a community our size. BE IT FURTHER RESOLVED that City Staff are enabled to complete any reasonably necessary studies, documents or submissions to the State of Minnesota that fosters the project or commitments set- forth above. ADOPTED, by the City Council of the City of Eden Prairie, on the 15th day of July 2025. ____________________________ Ronald A. Case, Mayor ATTEST: _______________________ David Tiegland, City Clerk City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.D. Department: Community Development / Economic Development Julie Klima / David Lindahl ITEM DESCRIPTION At a Special Session held on June 9, 2025, the Minnesota State Legislature approved a tax bill allowing the City of Eden Prairie to establish a Tax Increment Redevelopment District on the Eden Prairie Center property to support a potential mall redevelopment. REQUESTED ACTION Move to: adopt a resolution approving Chapter 13 of 2025 First Special Session allowing Eden Prairie to create a TIF Redevelopment District around the Eden Prairie Center Mall area. SUMMARY The owners of the Eden Prairie Center have expressed an interest in redeveloping the north end of the mall. The City pursued special legislation to provide additional options for the potential establishment of a TIF district to support possible redevelopment. Because the mall does not meet a required blight test to qualify as a TIF redevelopment district, the City pursued special legislation permitting it to do so. The legislation was approved June 9, 2025 - allowing the City to create a redevelopment district on the mall property before the end of 2026. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–__ A RESOLUTION APPROVING SPECIAL LAW CHAPTER 13 OF THE 2025 1ST SPECIAL SESSION ALLOWING THE CITY OF EDEN PRAIRIE TO ESTABLISH A TAX INCREMENT FINANCING REDEVELOPMENT DISTRICT AROUND THE EDENPRAIRIE CENTER MALL AREA. WHEREAS, Chapter 13 of 2025 1rst Special Session (“the Special Law”) authorizes the City to establish not more than two redevelopment districts located within the area of the City of Eden Prairie consisting of parcels, together with adjacent roads and rights-of-way, within the area surrounded by Flying Cloud Drive, West 78th Street, and Prairie Center Drive. If the city or authority establishes a tax increment financing district under this section, the following special rules apply: (1) the districts are deemed to meet the requirements of Minnesota Statutes, section 469.174, subdivision 10; and (2) Minnesota Statutes, section 469.176, subdivision 4j, does not apply to the district.Subd. 3. Expiration. The authority to approve a tax increment financing plan to establish a tax increment financing district under this section expires December 31, 2026. WHEREAS, the Special Law is effective the day after (a) the City Council approves the Special Law by resolution, and (b) the City Clerk files with the Minnesota Secretary of State a certificate of valid approval, including a copy of the resolution of approval; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Eden Prairie approves Chapter 13 of 2025 1rst Special Session (“the Special Law”). ADOPTED, by the City Council of the City of Eden Prairie, on the 15th day of July 2025. _________________________ Ronald A. Case, Mayor ATTEST: ______________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.E. Department: Community Development / Housing & Community Services Julie Klima / Jonathan Stanley ITEM DESCRIPTION A Resolution authorizing application to the Metropolitan Council for a Livable Communities Demonstration Account Policy and Housing Program Development Grant REQUESTED ACTION Move to •Adopt the Resolution SUMMARY The Livable Communities Act (LCA), first established in 1995, aims to improve the quality of life in communities by funding projects that create affordable housing, increase economic opportunity, improve connections, and achieve more equitable development outcomes. It focuses on sustainable, accessible, and vibrant development through various grant programs. A new addition to Met Council’s programming is the Livable Communities Demonstration Account Policy and Housing Program Development Grant Program which focuses on policy and program development or partnerships that support the metropolitan development guide, LCA, and locally adopted goals. Staff have identified an opportunity for a policy development proposal under the program, the application for which requires a Resolution of Support from the local municipality applying for grant funds. Adoption of this Resolution will enable staff to submit on behalf of the City an application for grant funds to support the hiring of a consultant to be selected through a Request for Proposals process. The consultant will provide a detailed housing analysis and may make recommendations on accommodating future growth, the adequacy of existing and potentially missing housing typologies, and potential zoning adjustments that will inform the housing and land use sections of the City’s next Comprehensive Plan update. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. ___ RESOLUTION IDENTIFYING THE NEED FOR A LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Eden Prairie is a participant in the Livable Communities Act (“LCA”), and is therefore eligible to apply for grant funds available through the Livable Communities Demonstration Account (LCDA); and WHEREAS the City has identified a proposed policy need that meets the LCDA’s purposes and criteria and is consistent with and promotes the purposes of the LCA and the policies of the Metropolitan Council’s adopted metropolitan development guide, including removing barriers to producing or preserving affordable housing; and WHEREAS the City has the institutional, managerial, and financial capability to adequately manage the LCDA grant; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the policy development proposed in the grant application to be submitted on or before July 21, 2025. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the Council of the City of Eden Prairie: 1. Finds that it is in the best interests of the City’s goals and priorities for the proposed policy development to occur at this particular time. 2. Finds that the policy development for which LCDA funding is sought will occur within two years after a grant award if LCDA funding is made available at this time. 3. Authorizes its Mayor and City Manager to submit on behalf of the City an application for Metropolitan Council LCDA grant funds for the policy development as identified in the application, and to execute such agreements as may be necessary on behalf of the City. Policy applied for: Housing Analysis to Inform the Eden Prairie 2050 Comprehensive Plan Update ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2025. __________________________ Ronald A. Case, Mayor ATTEST: _________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.F. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Adopt a Resolution approving plans and specifications and ordering advertisement for bids for the Dell Road Improvement Project. REQUESTED ACTION Adopt Resolution approving plans and specifications and ordering advertisement for bids for the Dell Road Improvements, IC 17-5990 SUMMARY With the assistance of WSB, the City’s engineering consulting firm, the engineering division has prepared plans and specifications for the Dell Road Improvement Project. Construction of the project is expected to begin in the fall of this year with the majority of the construction occurring in the 2026 construction season. Plans for the project include a City collector street section and a multi-use trail from Flying Cloud Drive (CSAH 61) to Crestwood Terrace. The plans also include new sanitary sewer extension including a lift station, watermain, storm sewer improvements and new concrete culverts that carry Riley Creek both under Dell Road and under the private Meadowcroft driveway. The construction cost estimate for the Dell Road Improvement Project is approximately $6.5 million. The project will be funded through special assessments, utility funds and Municipal State Aid funding. ATTACHMENTS Resolution Plan Cover Sheet CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR DELL ROAD IMPROVEMENT PROJECT I.C. 17-5990 WHEREAS, the City Engineer, with the assistance of WSB, LLC, has prepared plans and specifications for the following improvements to wit: I.C. 17-5990 – Dell Road Improvement Project and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer’s Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in a recognized industry trade journal an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. BE IT FURTHER RESOLVED by the Eden Prairie City Council, that the city agrees to provide the enforcement for the prohibition of on-street parking on those portions of said project (I.C. 17-5990, S.A.P. No. 181-113-006) within its corporate limits. ADOPTED by the Eden Prairie City Council on July 15, 2025 ______________________________ Ronald A. Case, Mayor ATTEST: SEAL ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.G. Department: Public Works/ Utilities – Rick Wahlen ITEM DESCRIPTION Approval of a standard construction contract with Precision Utilities, Inc. to perform emergency leak repairs of City water and sewer underground infrastructure. REQUESTED ACTION Move to: Approve the construction contract with Precision Utilities, Inc. for Water, Sewer, and Stormwater Utility repairs in the amount of $172,000. SUMMARY This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis. Eden Prairie’s water, sewer, and stormwater systems require emergency excavation and repair at times, and this contract provides for these last minute services. Utilities Division requested quotes from Precision Excavating, Valley Rich Company, and Krueger Excavating, and will distribute work among these three contractors depending on who is available at the time of the emergency repair or scheduled project. Precision Excavating continues to be our least cost option for leak repairs, they are almost always available, they are familiar with our system and our personnel, and in most cases will be our first contractor to call. Precision will be notified to perform work on an as-needed basis using Exhibit A to the agreement. All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. ATTACHMENTS Contract (rev. 6/2024) Construction Contract This Contract (“Contract”) is made on the _15th_day of_July_, 20_25_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Precision Utilities, Inc._, a Minnesota _corporation_(hereinafter "Contractor") whose business address is_14067 62nd Street, Mayer, MN 55360_. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for _Water Distribution and Sewer Collection Utility Emergency Repairs_ 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 water and sewer utility leak repairs as requested by the City. The services are described in the City’s “Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures” Revised 2022 and the City’s “Standard Detail Specifications for Water Main Systems” Revised 2023 (collectively the “Specifications”) which are available upon request from the Manager of Utility Operations. All Work shall be performed by Contractor pursuant to a work order (“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of the contractor’s proposal are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by _July 14, 2026_. 3. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made not to exceed $_172,000_ as full and complete payment for the labor, materials and services rendered pursuant to this agreement. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. 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. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. 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. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract (rev. 6/2024) Page 3 of 14 6. 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. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; Standard Construction Contract (rev. 6/2024) Page 4 of 14 all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; 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. Standard Construction Contract (rev. 6/2024) Page 5 of 14 Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract Standard Construction Contract (rev. 6/2024) Page 6 of 14 within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Standard Construction Contract (rev. 6/2024) Page 7 of 14 Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except 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. Standard Construction Contract (rev. 6/2024) Page 8 of 14 k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents 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 Standard Construction Contract (rev. 6/2024) Page 9 of 14 ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating 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 10 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. 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 Standard Construction Contract (rev. 6/2024) Page 11 of 14 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. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract (rev. 6/2024) Page 12 of 14 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 6/2024) Page 13 of 14 Exhibit A - Utility Repair Contractor Work Order For Standard Construction Contract between Precision Utilities, Inc. and the City of Eden Prairie – Contract dated July 15, 2025 Address / Location of Repair Date Issued Time Issued Complete by date/time Water Storm Sewer Description of Repair Contractor Contact Contractor Contact Phone City Contact City Contact Phone City Obligations Contractor Responsibilities Traffic control Excavator Pavement and curb saw cuts Trench Box Dump with operator Compactor Water isolation and turn-on Skid-Steer Repair parts Traffic Control Fill material per city spec Repair parts per city spec Street surface restoration Asphalt replacement Curb restoration Concrete replacement Turf restoration Turf restoration Permits by City Contractor Locates by City Contractor Easement access City Contractor Notes (rev. 6/2024) Exhibit B - Utility Repair Rate Schedule City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.H. Department: Public Works/ Utilities – Rick Wahlen ITEM DESCRIPTION Approval of a standard construction contract with Krueger Excavating, Inc. to perform emergency leak repairs of City water and sewer underground infrastructure. REQUESTED ACTION Move to: Approve the construction contract with Krueger Excavating, Inc. for Water, Sewer, and Stormwater Utility repairs in the amount of $150,000. SUMMARY This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis. Eden Prairie’s water, sewer, and stormwater systems require emergency excavation and repair at times, and this contract provides for these last-minute services. Utilities Division requested quotes from Precision Excavating, Valley Rich Company, and Krueger Excavating, and will distribute work among these three contractors depending on who is available at the time of the emergency repair or scheduled project. Precision Excavating has been our least cost option for leak repairs since we started working with them, and are therefore our preferred contractor, but there are times when they are unavailable to assist us due to other commitments. Krueger will be notified to perform work on an as-needed basis using Exhibit A to the agreement. All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund. ATTACHMENTS Contract (rev. 6/2024) Construction Contract This Contract (“Contract”) is made on the _15th_day of_July_, 20_25_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Krueger Excavating, Inc._, a Minnesota _corporation_(hereinafter "Contractor") whose business address is_7616 180th St. E, Prior Lake, MN 55372_. . 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 _Water Distribution and Sewer Collection Utility Emergency Repairs_ 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 water and sewer utility leak repairs as requested by the City. The services are described in the City’s “Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Non-Payment Restoration Procedures” Revised 2022 and the City’s “Standard Detail Specifications for Water Main Systems” Revised 2023 (collectively the “Specifications”) which are available upon request from the Manager of Utility Operations. All Work shall be performed by Contractor pursuant to a work order (“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of the contractor’s proposal are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by _July 14, 2026_. 3. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made not to exceed $_150,000_ as full and complete payment for the labor, materials and services rendered pursuant to this agreement. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. 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. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. 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. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract (rev. 6/2024) Page 3 of 14 6. 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. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; Standard Construction Contract (rev. 6/2024) Page 4 of 14 all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; 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. Standard Construction Contract (rev. 6/2024) Page 5 of 14 Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract Standard Construction Contract (rev. 6/2024) Page 6 of 14 within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Standard Construction Contract (rev. 6/2024) Page 7 of 14 Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except 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. Standard Construction Contract (rev. 6/2024) Page 8 of 14 k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents 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 Standard Construction Contract (rev. 6/2024) Page 9 of 14 ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating 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 10 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. 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 Standard Construction Contract (rev. 6/2024) Page 11 of 14 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. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract (rev. 6/2024) Page 12 of 14 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 6/2024) Page 13 of 14 Exhibit A - Utility Repair Contractor Work Order For Standard Construction Contract between Krueger Excavating, Inc. and the City of Eden Prairie – Contract dated July 15, 2025 Address / Location of Repair Date Issued Time Issued Complete by date/time Water Storm Sewer Description of Repair Contractor Contact Contractor Contact Phone City Contact City Contact Phone City Obligations Contractor Responsibilities Traffic control Excavator Pavement and curb saw cuts Trench Box Dump with operator Compactor Water isolation and turn-on Skid-Steer Repair parts Traffic Control Fill material per city spec Repair parts per city spec Street surface restoration Asphalt replacement Curb restoration Concrete replacement Turf restoration Turf restoration Permits by City Contractor Locates by City Contractor Easement access City Contractor Notes (rev. 6/2024) Exhibit B - Utility Repair Rate Schedule City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.I. Department: Public Works/Engineering (Haak) ITEM DESCRIPTION Approve Agreement with Riley Purgatory Bluff Creek Watershed District for Riley Creek Watershed Outlet Monitoring (IC# 24818) REQUESTED ACTION Move to: Approve the Agreement between the Riley Purgatory Bluff Creek Watershed District and the City of Eden Prairie for Riley Creek Watershed Outlet Monitoring SUMMARY Synopsis This agreement codifies a 50/50 split of equipment and lab costs for the former WOMP water quality monitoring and sampling station on Riley Creek between the City and Riley Purgatory Bluff Creek Watershed District (RPBCWD). The data from this station will help to delist Riley Creek from the state impaired waters list. Costs associated with this agreement will be paid from the stormwater utility fund. Background Information The outlet of the Riley Creek watershed has been monitored as part of the Metropolitan (Met) Council’s Watershed Outlet Monitoring Program (WOMP) since 1999. The purpose of the WOMP program was to obtain water quality monitoring information needed for assessing current watershed conditions, developing total maximum daily (pollutant) loads (TMDLs) in cooperation with the Minnesota Pollution Control Agency, and measure progress toward achievement of TMDL goals and water quality standards as non-point source best management practices are implemented. On February 17, 2023, the City received notification from Met Council that Riley Creek would not be part of the WOMP program after the 2023 season. Met Council offered to facilitate transfer of the monitoring station to a local partner. The City and RPBCWD agree the station should be maintained because the monitoring provides invaluable data regarding progress toward TMDL goals. RPBCWD maintains two similar stations in other areas of the district, so RPBCWD will provide expertise and staffing. The cost of equipment and lab analysis will be split 50/50 between the City and RPBCWD. Because this is the first time the City and RPBCWD will be cooperating to run this station, precise costs are unknown. The cost of the WOMP program was about $15,000-20,000 per year when the City collaborated with the Met Council. Future costs are not anticipated to exceed $10,000 per year based on the current understanding of the scope of work. The initial cost may be higher due to initial equipment acquisition. Costs associated with this agreement will be paid from the stormwater utility. ATTACHMENT Cooperative Agreement City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.J. Department: Public Works/ Engineering – Ashton Kogel ITEM DESCRIPTION I.C. 25801 – 2025: Approve Change Order # 1 for the 2025 Pavement Rehabilitation Project REQUESTED ACTION Move to: Approve Change Order #1 for the 2025 Pavement Rehabilitation Project in the amount of $201,877.00. SUMMARY This project began on June 23rd, 2025 and it is anticipated to be complete in late August. Change Order #1 consists of additional costs as a result of unanticipated poor subgrade conditions to several streets and cul-de-sacs in the Linden Drive neighborhood that are a part of the 2025 Pavement Rehabilitation Project. The full depth reclamation strategy originally selected was not possible in this area; a solution of utilizing Portland cement stabilized reclamation was recommended by the Engineer. The change order reflects the additional costs of implementing the Portland cement stabilized reclamation method into the project. Staff recommends approval of the additional costs. ATTACHMENT Change Order #1 City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.K. Department: Public Works/ Utilities – Rick Wahlen ITEM DESCRIPTION Approval to purchase a new tandem-axle dump truck for Utilities Division and declaring surplus the old vehicle that will be replaced. The vehicle will be purchased through the State of Minnesota Cooperative Purchasing Venture (CPV) contracts funded by the Wastewater Capital Improvement Fund from the budget remaining after the purchase of a new sewer jetter truck. REQUESTED ACTION Move to: Approve the purchase of a Freightliner 114SD Plus truck chassis from Transwest Trucks Superior/Boyer Trucks in the amount of $148,132.92 and its dump-box system and related accessories from Towmaster Truck Equipment in the amount of $90,792.00 for a total purchase price of $238,924.92, declare the 18 year old 2007 Mack “loaner” dump truck, VIN: 1M2AG11C97M068732 as surplus and authorize sale. SUMMARY After years of borrowing a fleet division double-axle dump truck during an emergency water main break to augment Utilities’ single-axle dump truck, the challenges of rapidly dismounting snow removal equipment from the street division vehicle combined with putting it back on and thoroughly washing the truck immediately after the conclusion of each water main break while on overtime after being up all night, necessitated a more efficient, practical solution. The division worked out a deal with Fleet Services to receive on-loan the latest Street Division dump truck to be scheduled for replacement as a utilities water main break support vehicle until the next Street Division dump truck was scheduled to be replaced. Utilities at that time would then get the newest outgoing vehicle and the previous “loaner” was declared surplus and sent to auction. When replacements were scheduled every couple of years, and the daily need for a dump truck was infrequent, this plan worked well. However, Utilities has expanded infrastructure repairs as the city ages, resulting in a much greater utilization of all construction equipment. The old loaner trucks, already due for replacement, have been a challenge to keep operational. The justification for the dump truck listed above as a full-time, year-round requirement based on demonstrated workload makes the purchase of dedicated vehicle more practical and reliable than continuing the loaner-vehicle past practice. Staff additionally requests authorization to declare surplus the 18 year old 2007 Mack “loaner” dump truck, VIN: 1M2AG11C97M068732 and use it for trade-in, place it in auction, or sell it through authorized sales sites. ATTACHMENTS Proposal Price Quote for the Truck Chassis is found on page 22 of this packet. Price Quote for the Dump Body is found on pages 24-27 of this packet. TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE SCOTT RILEY TIM ERICKSON QT 95262 NET 30 DAYS 4/02/25 5/22/25 3256 Order Comments: **STATE OF MN CONTRACT# 267372** Build Instructions F.O.B. LITCHFIELD, MN -OR- CUSTOMER LOCATION W/FUEL CHARGES ADDED. Qty Part No.Description Price Ea. Net Amt. 1 9900104 - Body 14'6" EDGE-SS/CS130-56-46-46 - - 56" 7 ga Stainless $34,972.00 $34,972.00 Front, 46" 7 ga Stainless Sides (no pockets) 46" 7 ga Stainless Tailgate w/Hardox-450 face, 1/4" Hardox-450 Floor, 8" I-Beam Longsills, Air-trip ready linkage, Underside painted gloss black NOTE: CORNER CLEANOUTS TO BE SQUARE AT END OF BODY, IN LIEU OF STD TAPERED. 1 SPECIAL REQUEST - Special Request Charges for:$500.00 $500.00 Substitute HARDOX-450 inner panels on sides in lieu of standard Stainless Steel Panels. 1 9901701 - Installation of Dump Body to hoist $2,420.00 $2,420.00 1 9900145 - Body acc'y TMTE Air trip kit, w/solenoid valve,$505.00 $505.00 1 9901702 - Installation of air operated tailgate latch kit, with $472.00 $472.00 solenoid valve in hydraulic valve enclosure. 1 9900147 - Body acc Box Vibrator - Cougar model DC3200 $866.00 $866.00 1 9901703 - Installation of Box Vibrator, with solenoid located in $549.00 $549.00 hydraulic valve enclosure. 1 9900156 - Cabshield, 1/2 type Stationary Free-Standing style,w/plain $4,551.00 $4,551.00 STAINLESS STEEL canopy, Hot-Dipped Galvanized tubing construction support stand, Slotted Center Viewing Window, (2) shovel holders, & reservior mounts, Installed. **NOTE: MOUNT LICENSE PLATE MTG & LIGHT ON BACK SIDE OF CABSHIELD AS PER PREVIOUS 2021 *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** REVISION III - - 5/22/25 TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE SCOTT RILEY TIM ERICKSON QT 95262 NET 30 DAYS 4/02/25 5/22/25 3256 EXAMPLE Qty Part No.Description Price Ea. Net Amt. 1 9901228 - Walkrail (1-5/8" SS Perf) dual, Weld-on 15' SS body, $2,271.00 $2,271.00 Attached 1 9905509 - Ladder (SS) Tuck-A-Way Access ladder Pkg, Including Steps & $763.00 $763.00 Grab Handle Above, Installed **Located on LH front underside of body. 1 9904963 - Light Warning TMTE1SSM-3 PKG: 1/2 A 1/2 B, (2) SS 23H $5,294.00 $5,294.00 3-light LED Micro-Edge, 2) 5M-400 Super-LED, (2) Side TIR3 LED, (2 ) 400 Max B-T-T LED, & (2) 400 LED BU Lights, in Stainless M Housings, (1) TIR3 LED Wing light, and (2) 4" LED work lights, Installed. **NOTE: 1. BLUE LIGHT HEADS ON RH FRONT MICRO EDGE AND LH REAR. 2. FLASH PATTERN TO BE SET TO WIG-WAG 3. MOUNT MICRO EDGE HEADS ON UNDERSIDE OF TUBES FOR HEIGHT ISSUES. 4. SHIP WING STROBE, WING WORK LIGHT & SANDER WORK LIGHT (FROM KIT) LOOSE IN CAB FOR CUSTOMER SPARES. 1 9903685 - Light, Warning, Whelen WIONSMA, Amber LED, surface mount, $560.00 $560.00 Each, Installed **NOTE: MOUNT ON STREET (DRIVER'S) SIDE OF FRONT GRILLE 1 9905467 - Light, Warning, Whelen WIONSMB, Blue LED, surface mount,$560.00 $560.00 Each, Installed **NOTE: MOUNT ON CURB (PASSENGER) SIDE OF FRONT GRILLE 1 9900267 - Fender set Minimizer M400, for Tandem Axle, black Poly, $1,839.00 $1,839.00 Installed 1 1991014 - Minimizer FKFRTL2B Floor Mat Set for Freightliner $253.00 $253.00 1 9904690 - Camera System, 1 color 7" LCD video display, mount, & (3) $542.00 $542.00 video inputs, *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** Price has been adjustedto credit labor on Wing & Sander Lights not being installed. TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE SCOTT RILEY TIM ERICKSON QT 95262 NET 30 DAYS 4/02/25 5/22/25 3256 120 degree night vision CCD weather-proof HEATED camera, 65' waterproof harness, Remote. 1 9904691 - INSTALLATION of (Initial) Single camera system or $471.00 $471.00 relocation of OEM 1 1941405 - Camera Guard, SS, Bolt-On $43.00 $43.00 1 9900317 - Hoist Towmaster/MAILHOT CS130-5.5-3 DOUBLE ACTING $5,105.00 $5,105.00 1 9901711 - Installation of Telescopic DOUBLE acting hoist $2,161.00 $2,161.00 1 9900311 - Hoist TMTE 48" Stabilizer $2,615.00 $2,615.00 1 9902503 - Installation of TMTE Stabilizer & Safety Props $743.00 $743.00 1 9900758 - Hitch TMTE Heavy Duty plate ass'y w/light holes in plate, $623.00 $623.00 1 9901716 - Hitch Installation of Pup Hitch (weld in style) or Mn Dot $1,253.00 $1,253.00 Predrilled **NOTE: INLUDES TRANSFER OF OEM ELECTRICAL SOCKET AND GLAD HANDS TO PLATE. 1 9900764 - Hitch PREMIER 2300 Air Cushion Pintle, installed $1,311.00 $1,311.00 1 9902494 - Hitch 7 Contact RV (flat pin) socket installed $230.00 $230.00 **NOTE: THIS SOCKET IS IN ADDITION TO THE OEM SOCKET. CONNECT BRAKE CONTROLLER TO THIS SOCKET. 1 9902495 - Hitch Electronic Brake controller w/wiring to rear socket, $695.00 $695.00 installed in cab of truck 1 9906281 - Hitch Gladhand Whip Hoses installed $283.00 $283.00 *--- Continued ---* MN 55344 USA MN 55344 ** QUOTATION ** TRKQT3MOD022324 Ship To: Cust: Phone:Bill To:Phone: ATTN: Reference No. Accepted by Date PO#Salesman Created Last Revised Appx CompTerms Serial No. Price: Total Discounts: Net Cost: Freight Total: EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE EDEN PRAIRIE SCOTT RILEY TIM ERICKSON QT 95262 NET 30 DAYS 4/02/25 5/22/25 3256 $90,792.00 1 9900882 - Reservoir TMTE Cabshield mt (stainless steel) w/intank $4,267.00 $4,267.00 filter INCLUDED, installed 1 9900893 - Valve Force Cable pull-off (for use w/telescopic hoist)$758.00 $758.00 installed 1 9900884 - Sensor Force Low oil indicator system, SLIM-LINE AND $334.00 $334.00 CABSHIELD MOUNTED w/light mounted in cab, installed 1 9905465 - Hydraulic pkg Auto trans, Hoist only, air control, 280 Hot $12,983.00 $12,983.00 Shift PTO and 102 Pump installed 1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel Body Structure; 5 yr Whelen LED Light Systems; 4 yr SwapLoader Hoists; 1 year Swenson Spreaders, 2 yr Hyd, FALLS Snow Equip, Tele Hoists, and all other items. $90,792.00 $90,792.00 MN 55344 USA MN 55344 ** QUOTATION ** 5-22-2025 City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.L. Department: Public Works/Engineering – Jen Fierce, Sustainability Coordinator ITEM DESCRIPTION Approve State of MN grant contract for Solar on Public Buildings award for Liquor Store #2 REQUESTED ACTION Move to: Approve State of MN grant contract for Solar on Public Buildings award for Liquor Store #2. SUMMARY The City of Eden Prairie previously received notification that it was awarded a Solar on Public Buildings Grant from the State of MN Commerce Department to help offset costs of installing a 40-kW solar system on Liquor Store #2. This is the second grant the city has received under the Solar on Public Buildings program. The attached grant contract finalizes the terms and conditions of the state grant award. Total project cost is $99,986. The Solar on Public Buildings Grant covers $49,993 of costs. The City is also eligible for a Federal Direct Pay credit of 30%, or $29,996. Remaining cost to City is $19,997, to be paid out of the sustainability budget. Installation is scheduled for later this summer. ATTACHMENTS State of MN Grant Contract – Solar on Public Buildings G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 1 STATE OF MINNESOTA SOLAR ON PUBLIC BUILDINGS GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce (“State”) and the City of Eden Prairie, 8080 Mitchell RD, Eden Prairie, MN, 55344 (“Grantee”). Recitals 1. Under Minn. Stat. § 216C.02, subd. 1, the State is empowered to enter into this grant. 2. The State seeks to stimulate the installation of solar energy systems on public buildings pursuant to Minn. Stat. § 216C.376. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn. Stat. § 16B.98, subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: July 10, 2025, Per Minn. Stat. § 16B.98, subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State’s Authorized Representative has notified the Grantee that work may commence. Per, Minn. Stat. § 16B.98, subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date: January 10, 2027, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Minn. Stat. § 16B.97, Subd. 4 (a) (1). 2.2 Execute the duties set forth in Exhibit A, which is attached and incorporated into this grant contract. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: 4.1.1 Compensation. Payment to the Grantee will not exceed Forty-Nine Thousand Nine Hundred Ninety- Three dollars ($49,993.00) of actual eligible costs incurred in the performance of the Grantee’s duties according to the breakdown of costs contained in the grant budget (Exhibit B), which is attached and incorporated into this grant contract. 4.1.2 Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed Forty-Nine Thousand Nine Hundred Ninety-Three dollars ($49,993.00) of the total actual, eligible costs incurred in the performance of the Grantee’s duties specified in Exhibit A. 4.2 Payment Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 2 4.2.1 Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State’s Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the schedule as outlined in Exhibit A. 4.2.2 Retainage. No more than 95 percent of the amount due under this grant contract may be paid until the final product of this grant contract has been reviewed by the State’s Authorized Representative. The balance due will be paid when the State’s Authorized Representative determines that the Grantee has satisfactorily fulfilled all the terms of this grant contract. 4.2.3 Unexpended Funds. The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements. Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (b) The grantee must not contract with vendors who are suspended or debarred in MN: https://mn.gov/admin/osp/government/suspended-debarred/index2.jsp 4.4 Budget Categories. Upon notice to and written approval by the State’s Authorized Representative, the Grantee’s budget for any one category in Exhibit B may be increased by up to 10% of the amount shown in Exhibit B for that category, with the amount of the increase moved from one or more other categories in Exhibit B. To move more than 10% into a budget category from another budget category or categories will require an amendment to the grant contract. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State’s Authorized Representative is Kate Barry, Federal Utility Grants Project Manager, Kate.Barry@state.mn.us, 651-539-1516, or their successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State’s Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Robert Ellis, Public Works Director, rellis@edenprairie.org, 952-949- 8310, or their successor. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. The Grantee’s Project Manager is Jennifer Fierce, Sustainability Coordinator, jfierce@edenprairie.org, 952-949- 8313, or their successor. If the Grantee’s Project Manager changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 3 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the Commissioner of Administration, by the State granting agency and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2 Intellectual Property Rights. The Grantee shall own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the works and documents. The “works” means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant contract. “Works” includes documents. The “documents” are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant contract. 10.3 License to the State. Subject to the terms and conditions of this grant contract, the Grantee hereby grants to the State a perpetual, irrevocable, no-fee right and license to make, have made, reproduce, modify distribute, perform and otherwise use the works and documents for any and all purposes, in all forms and manners that the State, in its sole discretion, deems appropriate. The Grantee shall upon the request of the State, execute all papers and perform all other acts necessary, to document and secure said right and license to the works and documents by the State. At the request of the State, the Grantee shall permit the State to inspect the original documents and provide a copy of any of the document to the State, without cost, for use by the State in any manner the State, in its sole discretion, deems appropriate. 10.4 Obligations. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of other persons or entities including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee’s expense, from any action or claim brought against the State to Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 4 the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys’ fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in Grantee‘s or the State’s opinion is likely to arise, Grantee shall, at the State’s discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. 11 Workers’ Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12. Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination Termination by the State 14.1 (a) Without Cause. The State may terminate this grant contract agreement without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.1 (b) With Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Per 16B.991, the State must immediately terminate this grant contract if the recipient is convicted of a criminal offense related to a state grant. 14.2 The Commissioner of Administration may immediately and unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes, or it is not in the best interest of the State. Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 5 14.3 Termination for Insufficient Funding. The State may immediately terminate this grant contract if: 1) It does not obtain funding from the Minnesota Legislature, or other funding source; 2) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or electronic notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. -- signatures continued on next page -- Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 6 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05 3. MN DEPARTMENT OF COMMERCE (with delegated authority) Signed: By: Date: Title: Grant Contract / PO: Date: 2. CITY OF EDEN PRAIRIE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Distribution: MN Dept. of Commerce, Accounting Dept. Grantee State’s Authorized Representative (copy) Date: By: Title: Date: Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC 272655 / 20653 7/7/2025 G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 7 Exhibit A Grantee Duties A. Project: SPB24-023; Liquor Store #2, City of Eden Prairie B. Project Goal: The Minnesota Legislature established the Solar for Public Buildings Grant Program (Minn. Stat. § 216C.377), in the 2023 legislative session, to provide grants to stimulate the installation of solar energy generating systems on public buildings in Xcel Energy Electric Service Territory. C. The Grantee shall do all things necessary, including partnering with subcontractors, to complete the following tasks according to the following schedule: Task Description Deadline 1 System Components End of month 4 1.1 All PV modules necessary for the System are either ordered with an anticipated arrival time to meet contract deadline, or in possession of Developer or Grantee. 1.2 All other System components, including inverters, are either ordered with an anticipated arrival time to meet contract deadline, or in possession of Developer/Grantee. Deliverable(s): • Submit any invoice(s) or receipt of payment(s) for reimbursement. o Upload supporting documentation including, but not limited to, receipts, shipping label/packing slip, proof of delivery. • If equipment has not been received yet, upload proof of order and/or possession of modules and BOS components and anticipated delivery date. • Enter Task 1 update in Solar on Public Building Status Report form, submit Status Report form to Commerce. Project Updates: • Provide a thorough update on project progress including: o Setbacks o Timeline updates o Anticipated completion o System promotion planning o Any other relevant updates 2 Interconnection End of month 8 2.1 All necessary interconnection documentation/applications have been filed and submitted to Grantee electric utility. 2.2 All necessary interconnection fees have been paid to Grantee electric utility. Deliverable(s): • Submit any invoice(s) or receipt of payment(s), for reimbursement. o Upload supporting documentation as proof of interconnection paperwork submission and related fee payments. • Enter Task 2 update in Solar on Public Building Status Report form, submit Status Report form to Commerce. Project Updates: • Provide a thorough update on project progress including: o Setbacks o Timeline updates o Anticipated completion o System promotion planning Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 8 Task Description Deadline o Any other relevant updates 3 System Installation End of month 18 3.1 All components of the System have been fully installed. 3.2 System has been inspected and approved by Grantee Local Authority Having Jurisdiction. 3.3 A proof of witness test for the System has been completed by the Grantee electric utility. 3.4 At the time of any System level work order execution, Grantee’s Developer returned any damaged and/or defective panels through the distribution chain for recycling and inverters to the manufacturer under warranty. Deliverable(s): (all documentation will be furnished) • Submit any invoice(s) or receipt of payment(s) for reimbursement. o Upload supporting documentation of proof of interconnection. • Upload a Statement of Compliance form. • Upload a signed inspection form and proof of witness test. • Collect and maintain prevailing wage reports, as required, Minn Stat. 177.27, 177.30. • Enter Task 3 update in Solar on Public Building Status Report form, submit Status Report form to Commerce. Project Updates: • Provide a thorough update on project progress including: o Press releases o Stories/case studies o Webpage development o Social media o Other in-person promotional events 4 Promotion End of month 18 Media Kit Acknowledgement When a local government building goes solar, it's an opportunity for the entire community to learn about the benefits and partnership with the Department. To help Grantees with promoting the work under this grant, the Department will provide an online Media Kit, and will be available on the Solar on Public Buildings webpage. It will include: • Press release template • Article template (for website or newsletter) • Social media handles, example language, and graphics • Customizable poster • Customizable event flyer 4.1 For any public communications about the solar project, on websites, newsletters, news media, social media, etc., the Grantee will recognize funding from the Minnesota Department of Commerce Solar on Public Buildings Program. Upload an example of such public communication. 4.2 For any public events about the solar project, Grantee will extend an invitation to the Minnesota Department of Commerce by sending event details and an invitation to the State’s Authorized Representative. 4.3 Once the System is installed and operational, the Grantee will provide 1+ photo to the State of the System. Grantee is responsible for photo consent forms. 4.4 Grantee is encouraged to use the media kit and promotional templates provided by the Minnesota Department of Commerce. Upload a sample of public publicity such as a poster or event flyer. Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 9 Task Description Deadline Deliverable(s): • Acknowledge review of Media Kit materials. • Any final invoice(s) or receipt of payment(s), including supporting documentation, have been submitted for reimbursement. • Enter Task 4 update in Solar on Public Building Status Report form, submit Status Report form to Commerce. Promotion Plan Updates: • The local unit of government is required to publicly acknowledge the Solar on Public Buildings grant award from the Minnesota Department of Commerce. Provide an update on project promotional plan, including the timeline. This may include, but is not limited to: o Public presentation(s) at Council or Board meetings, at conferences, community events o Press releases o Stories/case studies o Webpage development o Ribbon cutting o Other in-person promotional events 5 Reporting and Invoicing Ongoing 5.1 The Grantee must inform the State’s Authorized Representative, as often as necessary, to discuss issues requiring immediate attention, such as schedule deviations, scope of work modifications, concerns related to the project’s progress, budget issues or questions, and any other topic that might require a dialogue regarding the best way to proceed. 5.2 The Grantee will provide the State’s Authorized Representative with any additional information requested throughout the project pertaining to project status upon request. 5.3 The Grantee will submit invoices for reimbursement at least as often as requested in Tasks 1-4 above and as often as monthly. 5.4 The Grantee will submit documentation of federal tax credits (including any bonus credits) received for the project. 6. System Component Reporting and End of Life Recycling Ongoing 6.1 System Level Work Order Execution: At the time of any System level work order execution, Grantee’s Developer shall be responsible for returning damaged and/or defective panels through the distribution chain for recycling and inverters to the manufacturer under warranty. 6.2 Operations and Maintenance (O&M): While engaged in an O&M contract, Grantee’s Developer shall be responsible for tracking solar system equipment that ceases to function as intended (for any reason), recycling of any modules or inverters provided under this contract and reporting this information in accordance with Subtask 6.6. below. 6.3 System Components Under Warranty: Grantee’s Developer shall be responsible for tracking System equipment under warranty that cease to function as intended (for any reason), recycling of any modules or inverters provided under this contract and reporting this information in accordance with Subtask 6.6. below. 6.4 Third Party Ownership: While engaged in a power purchase agreement (or third-party ownership model) contract, the Grantee’s contractor shall be responsible for tracking solar system equipment that ceases to function as intended (for any reason), recycling of any modules or inverters provided under this contract and reporting this information in accordance with Subtask 6.6. below. 6.5 End of Life Decommissioning and Recycling: At the time of decommissioning or System removal, the Grantee shall be responsible for the recycling any modules or inverters provided under this contract and reporting this information in accordance with Subtask 6.6 Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 10 Task Description Deadline below. 6.6 Tracking and Reporting: All tracking and recycling of System Equipment that ceases to function as intended (for any reason) shall include counts of modules and inverter types and be reported on an annual basis, by March 31 for the previous calendar year, to the Minnesota Pollution Control Agency (MPCA). A recycling and reporting form will be available on the Department’s webpage and provided upon contract execution. Deliverable(s): • Throughout the System’s lifetime, a copy of the previous year’s recycling and reporting form (which must be submitted to MPCA annually by March 31st for the previous year) is also submitted to the Department by uploading an Annual Check-In form. • Throughout the System’s lifetime, the Grantee will upload an Annual Check-In form is uploaded annually beginning 12 months after System commissioning. Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC G – SPB24-023 – Eden Prairie Liquor Store #2 - Commerce 11 Exhibit B Grantee Detailed System Budget Project: SPB24-023; Liquor Store #2, City of Eden Prairie Budget: The tables below represent the detailed budget by Grantee System installation expenses and Grantee System installation funding sources. Categories have been pre-populated via budget values provided via the Grant Application. Eligible expenses include only those costs incurred by the Grantee towards purchase and installation of the System. Note: The payment schedule must match the schedule between the Grantee and Developer per the contract with the Developer. PAYMENT SCHEDULE Item (Expense) Details Total Cost Payment to Developer Engineering and Permitting $4,999.00 Payment to Developer Material Procurement and Mobilization $59,992.00 Payment to Developer Project Installation $29,996.00 Payment to Developer Project Completion Balance $4,999.00 TOTAL GRANTEE SYSTEM INSTALLATION EXPENSES $99,986.00 FUNDING SOURCES: Item Details Total Cost Solar on Public Buildings Grant $49,993.00 ITC 30% $29,996.00 Operating Budget $19,997.00 TOTAL GRANTEE SYSTEM INSTALLATION FUNDING SOURCES $99,986.00 Docusign Envelope ID: 6A9FF4C7-CD0C-4B7E-BC5A-3AD614F07EDC City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.M. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Approve construction contract agreement with New Look Contracting, Inc., for the Entry Monument I-494 and Crosstown Project (IC 23807). REQUESTED ACTION Move to: Award Contract for the Entry Monument I-494 and Crosstown Project in the amount of $293,995.00 to New Look Contracting, Inc. SUMMARY Five bids were received on Wednesday, July 2, 2025. The engineer’s estimate and bids received are summarized below: New Look Contracting, Inc. $293,995.00 Magney Construction, Inc. $407,250.00 Pember Companies, Inc. $431,610.40 Derau $488,795.00 Urban Companies $503,707.00 Engineer’s Estimate $305,340.00 Staff recommends awarding the contract for the project to New Look Contracting, Inc., in the amount of $293,995.00. The Entry Monument I-494 and Crosstown Project is identified in the 2025-2034 Capital Improvement Plan and consists of a new monument sign facing southbound I-494 traffic entering the City of Eden Prairie. This is the fourth and final entry monument sign of this design, with the three others being previously constructed at Anderson Lakes Parkway and Trunk Highway 169, Dell Road and Trunk Highway 5, and I-494 westbound at Viking Drive and Golden Triangle Drive. The work also consists of repaving the existing Baker Reservoir access driveway that will be used for access during construction. Construction is scheduled for the fall of 2025. Funding sources include the economic development fund and the water utility fund. ATTACHMENTS Attach 1 – Construction Contract Agreement Attach 2 – Houston Engineering Recommendation Letter 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 15th day of July 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and New Look Contracting, Inc., a Minnesota Corporation, hereinafter referred to as the “CONTRACTOR.” WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IC: 23807 Entry Monument I-494 and Crosstown Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $293,995.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents, subject to the following: The work to be performed under this Contract requires that CITY receive a limited use permit from MnDOT. CITY anticipates receiving the permit from MnDOT by the end of August 2025 and will provide CONTRACTOR with written notice to proceed upon receiving the permit (“Notice to Proceed”). CONTRACTOR may order materials necessary for the work immediately after execution of this Agreement but may not commence physical work prior to receiving the Notice to Proceed. CONTRACTOR shall commence physical work under this Contract upon CONTRACTOR’S receipt of the Notice to Proceed. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title houstoneng.com Eden Prairie Office P 952.829.0700 7510 Market Place Drive | Eden Prairie, MN 55344 July 2, 2025 Adam Gadbois, P.E. City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Entry Monument Sign and Access Route at Interstate 494 and Highway 62 (I.C. 23807) Dear Adam, Bids were received and opened at 10:00 am on Wednesday, July 2nd, for the above referenced project. The bids are shown on the attached Summary of Bids. The low bidder, New Look Contracting, Inc., came in with a total bid of the following amount: Project Total: $ 293,995.00 Recommendation is made that the above referenced project is awarded to New Look Contracting, Inc. in the total amount of $293,995.00 for the project. This recommendation considers that the City reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Sincerely, HOUSTON ENGINEERING, INC. Aaron Carrell, PE Senior Civil Engineer | Principal Direct: 952.737.4065 acarrell@houstoneng.com City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.N. Department: Public Works/ Utilities – Rick Wahlen ITEM DESCRIPTION Approval of a standard professional services agreement with AE2S for engineering services in support of the 2025 lift station rehab project at Red Oak Lift Station (#11), IC No. 25703. REQUESTED ACTION Move to: Approve Professional Services Agreement in the amount of $36,573.00 with AE2S for Design, Bidding, and Construction Administration Services of the 2025 Lift Station Rehab Project (Red Oak). SUMMARY Utilities Division has typically planned for the rehabilitation of one sanitary sewer lift station per year in the Wastewater Capital Improvement Plan (CIP) on a 20-25 year preventive maintenance rotation schedule. The schedule we have adopted ensures the corrosive and harsh environment within each lift station doesn’t totally degrade the concrete and mechanical/electrical systems within the facility. This lift station is next in the rotation and is programmed for 2025. The attached proposal serves as Exhibit A, and staff recommends approval of a professional services agreement with AE2S to complete the design, manage bidding, and perform construction administration of this project. AE2S completed their engineering services for our last lift station rehab project significantly under their proposed budget. All costs accumulated within this agreement will be paid from the wastewater utility enterprise capital improvement fund. ATTACHMENTS Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this _15th_ day of _July_, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering and Environmental Services (AE2S)_, a North Dakota _Limited Liability Company_ (hereinafter “Consultant”) whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for_the Engineering Design, Bidding, and Construction Administration Services for the Reconstruction of Sanitary Sewer Lift Station #11 at 8491 Red Oak Drive_ hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1.Scope of Work. The Consultant agrees to provide the professional services shown inExhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions,terms, agreements, consultant or industry proposal, or contract terms attached to or a partof Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect inany manner. 2.Term. The term of this Agreement shall be from _July 15, 2025_through July 14, 2028_the date of signature by the parties notwithstanding. This Agreement may be extendedupon the written mutual consent of the parties for such additional period as they deemappropriate, and upon the terms and conditions as herein stated. 3.Compensation for Services. City agrees to pay the Consultant on an hourly basis plusexpenses in a total amount not to exceed $ 36,573 for the services as described in ExhibitA.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not payadditional compensation for services that do not have prior written authorization. b.Special Consultants may be utilized by the Consultant when required by thecomplex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 10 (rev. 6/2024) c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 10 (rev. 6/2024) b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant Page 4 of 10 (rev. 6/2024) has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence Page 5 of 10 (rev. 6/2024) $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 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 6 of 10 (rev. 6/2024) k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless Page 7 of 10 (rev. 6/2024) of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance Page 8 of 10 (rev. 6/2024) with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements Page 9 of 10 (rev. 6/2024) and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. Page 10 of 10 (rev. 6/2024) a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: July 7, 2025 City of Eden Prairie Rick Wahlen Utility Operations Manager 8080 Mitchell Road Eden Prairie, MN 55344 Re: Lift Station No. 11 (Red Oak) Rehabilitation Project – Desing, Bidding, and Construction Administration Services City of Eden Prairie, Minnesota Dear Mr. Wahlen, In response to your recent request, Advanced Engineering and Environmental Services, LLC (Consultant) is pleased to offer this proposal for Professional Services (Assignment) for the rehabilitation of Lift Station No 11 (Red Oak). This letter provides our understanding of the project, defines the anticipated scope of services, and establishes the proposed professional fee and project schedule. Project Understanding Plans for this project were previously developed, but not fully completed by another engineering firm. Our services will include reviewing the previously developed plans and make revisions as necessary to complete a set of bidding documents for the required improvements. In addition to the completion of design, our scope of services will also include bidding and construction administration services for the project. It is anticipated that one (1) Kickoff meeting to review project details and one (1) review meeting mid Assignment will be completed for staff. Scope of Services Consultant proposes the following scope of services based on our understanding of the project. Task 1: Final Design Phase •Coordinate and conduct a project team kick-off meeting. •Review previously developed design plans. •Process and Civil design. •Prepare final construction drawings and specifications including electrical and I&C. •Prepare an opinion of probable construction cost. Exhibit A - Scope of Services City of Eden Prairie Red Oak Lift Station Rehabilitation Project Page 2 of 4 •Review 90% construction documents with City personnel and make changes as required. Assumptions •CAD files of the current site have been provided by the City •Stormwater management is not required. •Based upon proposed are of disturbance, submittal of MPCA stormwater construction permit and submittal of Riley Purgatory Bluff Creek Watershed Permit will not be required. •Any required permit fees will be paid directly by the City. •Permanent and temporary construction easements will not be required. Task 2: Bidding Phase •Print two copies of construction drawings and specifications for City (Bidding Documents). •Maintain plan holders list. •Respond to bidder questions. •Issue addenda to bidding documents, as required. •Attend bid opening and prepare bid tabulation sheets. •Evaluate bids and prepare a recommendation letter. Task 3: Construction Administration Phase •Issue contract document clarification as required. •Act as City of Eden Prairie’s liaison with contractor. •Organize, coordinate, lead, and attend preconstruction conference. Provide and distribute meeting minutes. •Bi-weekly virtual construction progress meetings. •Process contract change order requests. •Review contractor-submitted construction progress schedules. •Process contractor pay requests. •Review final submittal from contractor with respect to conformance with the contract documents. •Process final pay request and project close-outs including record drawings. •Includes up to 60 hrs of construction observation. •Support City, as needed, during the warranty phase. Includes up to 8 hours during the 12-month warranty period. Assumptions •Geotechnical services will be by the City, if required. Exhibit A - Scope of Services, page 2 City of Eden Prairie Red Oak Lift Station Rehabilitation Project Page 3 of 4 Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Services. If authorized in writing by the City, Consultant will provide services beyond the scope of this proposal on a negotiated basis. Responsibilities of the City of Eden Prairie CITY shall do the following in a timely manner, so as not to delay the services of CONSULTANT: 1.Designate a person to act as CITY’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CITY’s policies and decisions with respect to services for the Assignment. 2.Provide relevant information regarding requirements for the Assignment. CONSULTANT shall be entitled to use and rely upon all information provided by CITY or others in performing CONSULTANT’s services under this Agreement. 3.Provide access to the relevant site sufficient for Consultant to performs its services under this Agreement. 4.City shall, so long as Consultant is not in default, promptly pay Consultant for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. CITY shall bear all costs incident to compliance with its responsibilities pursuant to this section. Professional Fees Consultant proposes to render the Scope of Services outlined in this proposal for an estimated amount of thirty-six thousand five hundred and seventy-three dollars ($36,573) as shown in the Table 1. Professional fees will be billed on an hourly basis, including reimbursable expenses. Total compensation will not exceed the established amount without written authorization from the City. Exhibit A - Scope of Services, page 3 City of Eden Prairie Red Oak Lift Station Rehabilitation Project Page 4 of 4 Table 1. Proposed Professional Fees Performance Schedule Consultant is available to begin work on this project immediately upon acceptance of this proposal by the City of Eden Prairie. The project is proposed to be completed in accordance with the following primary milestones: •Kickoff Meeting July 2025 •Final Design August 2025 •Bidding September 2025 We appreciate the opportunity to continue working with you and your staff on continued improvements to the City’s utility capital planning. Should you have any additional questions or comments with respect to our proposal, please feel free to contact me at (763) 463-5036, or via email at Jason.Benson@AE2S.com. Sincerely, AE2S Jason Benson Red Oaks LS Eden Prairie, MN PM Process EIT Process Tech ADMIN Expenses Total Benson Amundson Reynolds ADMIN AE2S Hours AE2S Labor Task 1- Design Services 4 34 40 - 78 $11,576 100 $11,676 Project Management/Coordination 2 4 6 $1,170 $1,170 Kickoff Meeting 2 2 4 $878 $100 $978 Drawings and Specifications 2 32 40 74 $10,698 $10,698 Task 2 - Bidding Services 5 21 - 14 40 $6,939 200 $7,139 Bidding Documentation - Quest CDN 1 8 12 21 $3,525 $200 $3,725 Bidding Questions/Addenda 2 10 2 14 $2,390 $2,390 Bid Opening 1 1 2 $439 $439 Award Recomendation/Letter 1 2 3 $585 $585 Task 3 - Construction Admin 10 90 8 - 108 $17,158 $600 $17,758 Project Coordination 4 4 8 $1,756 $1,756 Submittals 4 4 $584 $584 RFIs, WCD, Change Orders 2 4 6 $1,170 $1,170 Precon/Site Visits 2 2 4 $878 $100 $978 Construction Observation 60 60 $8,760 $500 $9,260 Substantial Completion 2 4 6 $1,170 $1,170 Project Closeout 4 8 12 $1,672 $1,672 Warranty Services 8 8 $1,168 $1,168 Total $36,573 AE2S STAFF Subtotal Hours Subtotal Labor Exhibit A - Scope of Services, page 4 City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.O. Department: Fire Department ITEM DESCRIPTION Camera upgrades at the City Liquor stores- Store 1, Store 2, Store 3. REQUESTED ACTION Approve Contract for Goods and Services with Paladin Technologies for camara upgrades to all three City Owned Liquor stores. SUMMARY The Fire Department under the Technical Operation division manages the City wide camera systems. Liquor stores, one, two and three, need camera upgrades to help with site security and surveillance. The contract with Paladin Technologies is for $161,312.60 with payments not to exceed $165,000.00. Funding from existing 2025 budget. ATTACHMENTS Contract for Goods and Services Quotation: 229838 – Liquor Store 1 Quotation: 229839 – Liquor Store 2 Quotation: 229840 – liquor Store 3 (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the _____day of______________, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, Paladin Technologies Inc, a Minnesota Company (hereinafter “Vendor”) whose business address is 401 West Travelers Trail, Burnsville, MN 55337. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Liquor Store (3 sites) Security Camera upgrade and installation hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by12/31/2025. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $161,312.60, with total payments not to exceed 165,000.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 5. Staffing. The Vendor has designated Paladin Technologies to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: Its: Senior Account Manager Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work QUOTATION: 229838 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 1 of 4 BILL TO: JOB LOCATION: COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Liquor Store 1 Prairie Village Mall DATE: May 16, 2025 ADDRESS: 8080 Mitchell Road ADDRESS: 16508 West 78th Street SALES REP: Ralph Michels PHONE: (952)210-7637 EXT Eden Prairie, MN 55344- 4485 Eden Prairie, MN 55346- 4302 EMAIL: RMichels@paladintechnologies.com CONTACT: CONTACT: Patrick Maynard PHONE: (952)949-8368 PHONE: (952)949-8497 TITLE: City of Eden Prairie Liquor Store 1 Camera Replacement Project 5-16-2025 SCOPE OF WORK: VTI Quote is based on MN State contract equipment and labor rates. Consulting and site visit labor hours are included at no cost on this quote. Liquor Store 1 - Replace and/or upgrade existing cameras in the store to provide enhanced coverage with better detail. Install 1 new Panasonic 4K Multi-Sensor cameras on the exterior of the building. General coverage of the rear store delivery, employee entrance and parking lot. Install PoE surge protection module for each exterior camera. Install 2 new Panasonic 4K Multi-Sensor cameras in the liquor store. Coverage of high value merchandise aisles. Install 5 new interior Panasonic 2MP Multi-Sensor cameras in the interior of the liquor store as shown on the floor plan. General coverage of aisles, coverage of high value aisles, wine tasting and coverage of storage room, etc. Install 5 new Panasonic 1080P fixed cameras in the liquor stores as shown on plan. General coverage of cash registers, office, front customer entrance. Install 3 new Panasonic 5MP fixed cameras in the liquor store as shown on plan. General coverage of aisles, coverage of high value aisles. Install 1 new Panasonic 5MP fixed camera on the exterior of the building. General coverage of the front store entrance and limited area of the parking lot. Install PoE surge protection module for the exterior camera. Install 1 new Axis 1080P camera and decoder in the liquor store. Coverage of the customer entrance doors with display of the camera on a local monitor at the store entrance via a decoder. Reuse the existing monitor at the front entrance if compatible. Provide 16 Genetec upgrade licenses to convert from Analog to IP cameras. Provide 2 Genetec upgrade IP camera license for the project. Existing IP licenses will be reused. VTI will install, terminate, configure and program the cameras. Camera will be programmed and recorded onto the City Hall Genetec Directory and Archiver server. Notes: 1. Days of storage on the City Hall archiver server will be reduced when the liquor store cameras are added to the City Hall system. 2. New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1 City of Eden Prairie to provide/install for the project: 1. Man lift for camera installation QUOTATION: 229838 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 2 of 4 2. PoE Network switch port for each camera. (30Watt budget for each port). 3. IP addresses for cameras. 4. CAT6 cable to each camera location. 5. Ground cable for surge protection devices connected to building steel for exterior cameras. 6. Removal of coaxial cable and /18/2 camera power cable to existing cameras slated for removal. PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE WV-S8574L Camera, Outdoor Multi-Sensor, 4 Lens with 4K (8MP Each Sensor) 3.1mm Fixed Lens 3.00 $2,894.00 $8,682.00 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 2.00 $50.00 $100.00 PWM40AW Wall Mount for Outdoor Dome Camera 2.00 $50.03 $100.06 WV-QJB503-W Ceiling Surface Mount Bracket 1.00 $50.04 $50.04 WV-S8544L Camera, Outdoor Multi-Sensor, 4 Sensors, 4MP for Each Sensor, 2.9-7.3mm Motorized Zoom Lens 5.00 $2,315.20 $11,576.00 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 1.00 $50.00 $50.00 PWM40AW Wall Mount for Outdoor Dome Camera 1.00 $50.03 $50.03 WV-QJB503-W Ceiling Surface Mount Bracket 2.00 $50.05 $100.10 WV-QCL101-W Pendant Mount Bracket, 1 Part, White 2.00 $94.19 $188.38 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 2.00 $50.00 $100.00 WV-S2136L LA Model Camera, Dome, Indoor, 1080P with AI Engine, H.265, 3MP MSRP $627.28 - 18% off of MSRP 5.00 $614.98 $3,074.90 WV-QSR501-W Shroud Bracket, White 0.00 $0.00 $0.00 WV-QCL101-W Pendant Mount Ceiling Bracket, 1 Part, White 0.00 $0.00 $0.00 WV-QJB502-W Mounting Bracket, Ceiling Surface 5.00 $64.28 $321.40 WV-S22500-V3L Camera, Indoor Vandal Resistant Dome, 5MP, 2.9-9mm Lens 3.00 $774.15 $2,322.45 WV-QJB502-W Mounting Bracket, Ceiling Surface 3.00 $64.28 $192.84 WV-S25500-V3LN Camera, 5MP Outdoor Vandal Resistant Dome 1.00 $901.44 $901.44 PWM485W Outdoor Wall Mount Bracket & Shroud , White 1.00 $140.32 $140.32 MISC-EQUIPMENT Threaded 1.5NTP Allowance for , 3 cameras 1.00 $253.23 $253.23 MISC-EQUIPMENT mounting boxes 1.00 $95.52 $95.52 02327-001 Hanwha Camera, 1.00 $723.51 $723.51 5505-081 Indoor Pendant Kit, T94K01D 1.00 $51.49 $51.49 5503-091 Pipe Adapter, T91A06 1.00 $13.05 $13.05 5017-051 T91A05 Camera Holder 1.5 Nps 1.00 $34.37 $34.37 QUOTATION: 229838 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 3 of 4 5017-041 T91A04 Camera Holder 3/4" Pipe 1.00 $34.27 $34.27 01186-004 Hanwha SPD-150 Video Decoder 1.00 $520.92 $520.92 HDMIADMM6 6 Foot High Speed HDMI Cable - HDMI to HDMI Micro 1.00 $14.93 $14.93 DTK-MRJPOE Surge Protection, Power over Ethernet, RJ45 Conn 2.00 $101.93 $203.86 SCE-8N804LP Enclosure, 8" X 8" X 4", NEMA 1 2.00 $58.26 $116.52 SCE-8N8MPP Subpanel, Flat Perforated, 6" X 6" X 0.06", NEMA N/A 2.00 $14.40 $28.80 CAT6010 10ft Network Patch Cable, Black, Cat6 3.00 $4.99 $14.97 CAT6003 Network Jumper, Cat6, 3 Foot, Black Jacket 0.00 $2.08 $0.00 CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 18.00 $3.19 $57.42 GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection 16.00 $162.07 $2,593.12 GSC-SV-AIO2E-1C-UP Upgrade AIO Camera Connection to Omnicast Enterprise 2.00 $112.67 $225.34 GSC-SV-AIO2E-1PAC- UP Upgrade AIO Analog Camera connection to Omincast Enterprise Analog Connection 16.00 $23.40 $374.40 ADV-CAM-E-1Y For analog cam upgrade to IP Advantage for 1 Omnicast Enterprise Camera, 1 Year 20.00 $44.20 $884.00 ADV-CAM-E-1M SMA for 1 Omnicast Enterprise Camera, 1 Month 80.00 $3.68 $294.40 INSTALL Consulting with Multiple site visits 12.00 $0.00 $0.00 INSTALL IP cameras 4.00 $135.00 $540.00 INSTALL Remove existing cameras 4.00 $135.00 $540.00 INSTALL Multi sensor camera install, 7 cameras 16.00 $135.00 $2,160.00 INSTALL Exterior Multi-sensor camera install, 1 camera 2.50 $135.00 $337.50 INSTALL Surge install 3.00 $135.00 $405.00 INSTALL Pipe install to ceilings 8.00 $135.00 $1,080.00 INSTALL Fixed camera install surface mount, 5 cameras 7.50 $135.00 $1,012.50 INSTALL Fixed camera install to existing pipe, 4 cameras 5.50 $135.00 $742.50 INSTALL Exterior fixed camera install 2.00 $135.00 $270.00 INSTALL Decoder install at monitor location 1.50 $135.00 $202.50 INSTALL Camera programming & testing 4.00 $135.00 $540.00 INSTALL Decoder programming 1.50 $135.00 $202.50 INSTALL Genetec IP Camera license install 2.00 $135.00 $270.00 INSTALL Testing & coordination 2.50 $135.00 $337.50 ENGINEER Engineering Labor 8.00 $150.00 $1,200.00 PROJ MGMT Project Management Labor 12.00 $140.00 $1,680.00 FREIGHT Freight Charges 1.00 $301.55 $301.55 A-MISC SHOP SUPPLIES Misc Shop Supplies 1.00 $46.85 $46.85 1-YEAR-VTI-1 yr. Workmanship Line Item 1.00 $0.00 $0.00 QUOTATION: 229838 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 4 of 4 WARRANTY EQUIPMENT: $34,530.93 LABOR: $11,520.00 SUBCONTRACTOR: $0.00 FREIGHT: $301.55 SUBTOTAL: $46,352.48 ESTIMATED TAX*: $0.00 TOTAL: $46,352.48 *Sales Tax amount is an estimate and is subject to change based on local, city, state, or federal laws. QUOTATION: 229839 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 1 of 4 BILL TO: JOB LOCATION: COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Eden Prairie Liquor #2 DATE: May 16, 2025 ADDRESS: 8080 Mitchell Road ADDRESS: 8018 Den Road SALES REP: Ralph Michels PHONE: (952)210-7637 EXT Eden Prairie, MN 55344- 4485 Eden Prairie, MN 55344- 8017 EMAIL: RMichels@paladintechnologies.com CONTACT: CONTACT: Patrick Maynard PHONE: (952)949-8368 PHONE: (952)949-8497 TITLE: City of Eden Prairie Liquor Store 2 Camera Replacement Project 5-16-2025 SCOPE OF WORK: VTI Quote is based on MN State contract equipment & labor rates. Consulting and site visit labor hours are included at no cost on this quote. Liquor Store 2 - Replace and/or upgrade existing cameras in the store to provide enhanced coverage with better detail. Install 2 new Panasonic 4K Multi-Sensor cameras on the exterior of the building. General coverage of the rear store delivery, main guest entrance, employee entrance and parking lot. Install PoE surge protection module for each exterior camera. Install 7 new Panasonic 4K Multi-Sensor cameras in the liquor store. Coverage of high value merchandise aisles. Install 2 new interior Panasonic 2MP Multi-Sensor cameras in the interior of the liquor store as shown on the floor plan. General coverage of aisles, coverage of high value aisles, wine tasting and coverage of storage room, etc. Install 8 new Panasonic 1080P fixed cameras in the liquor stores as shown on plan. General coverage of cash registers, office, front customer entrance. Install 2 new Panasonic 5MP fixed cameras in the liquor store as shown on plan. General coverage of aisles, coverage of high value aisles. Install 1 new Panasonic 5MP fixed camera on the exterior of the building. General coverage of the front store entrance and limited area of the parking lot. Install PoE surge protection module for the exterior camera. Install 1 new Axis 1080P camera and decoder in the liquor store. Coverage of the customer entrance doors with display of the camera on a local monitor at the store entrance via a decoder. Reuse the existing monitor at the front entrance if compatible. Provide 16 Genetec upgrade licenses to convert from Analog to IP cameras. Provide 8 Genetec upgrade IP camera license for the project. Existing IP licenses will be reused. VTI will install, terminate, configure and program the cameras. Camera will be programmed and recorded onto the City Hall Genetec Directory and Archiver server. Notes: 1. Days of storage on the City Hall archiver server will be reduced when the liquor store cameras are added to the City Hall system. 2. New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1 City of Eden Prairie to provide/install for the project: 1. Man lift for camera installation. 2. PoE Network switch port for each camera. (30Watt budget for each port). QUOTATION: 229839 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 2 of 4 3. IP addresses for cameras. 4. CAT6 cable to each camera location. 5. Ground cable for surge protection devices connected to building steel for exterior cameras. 6. Removal of coaxial cable and /18/2 camera power cable to existing cameras slated for removal PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE WV-S8574L Camera, Outdoor Multi-Sensor, 4 Lens with 4K (8MP Each Sensor) 3.1mm Fixed Lens 9.00 $2,894.00 $26,046.00 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 2.00 $50.00 $100.00 PWM40AW Wall Mount for Outdoor Dome Camera 2.00 $50.03 $100.06 WV-QJB503-W Ceiling Surface Mount Bracket 3.00 $50.05 $150.15 PACA4W Corner Mount Adapter, White 3.00 $96.16 $288.48 WV-QCL101-W Pendant Mount Bracket, 1 Part, White 4.00 $94.19 $376.76 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 4.00 $50.00 $200.00 WV-S8544L Camera, Outdoor Multi-Sensor, 4 Sensors, 4MP for Each Sensor, 2.9-7.3mm Motorized Zoom Lens 2.00 $2,315.20 $4,630.40 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 0.00 $0.00 $0.00 PWM40AW Wall Mount for Outdoor Dome Camera 0.00 $0.00 $0.00 WV-QJB503-W Ceiling Surface Mount Bracket 0.00 $0.00 $0.00 WV-QCL101-W Pendant Mount Bracket, 1 Part, White 2.00 $94.19 $188.38 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 2.00 $50.00 $100.00 WV-S2136L LA Model Camera, Dome, Indoor, 1080P with AI Engine, H.265, 3MP MSRP $627.28 - 18% off of MSRP 8.00 $614.98 $4,919.84 WV-QWL500-W Integrated Wall Mount Bracket, White 3.00 $57.38 $172.14 WV-QCL101-W Quantity? Pendant Mount Bracket, 1 Part, White 7.00 $94.20 $659.40 WV-QSR501-W Shroud Bracket, White 0.00 $0.00 $0.00 WV-QCL101-W Pendant Mount Ceiling Bracket, 1 Part, White 4.00 $94.19 $376.76 WV-QJB502-W Needed??Mounting Bracket, Ceiling Surface 1.00 $64.28 $64.28 WV-S22500-V3L Camera, Indoor Vandal Resistant Dome, 5MP, 2.9-9mm Lens 2.00 $774.15 $1,548.30 WV-QWL500-W Integrated Wall Mount Bracket, White 2.00 $57.39 $114.78 WV-QJB502-W Mounting Bracket, Ceiling Surface 0.00 $0.00 $0.00 WV-QCL101-W Quantity? Pendant Mount Bracket, 1 Part, White 0.00 $0.00 $0.00 WV-S25500-V3LN Camera, 5MP Outdoor Vandal Resistant Dome 1.00 $901.44 $901.44 PWM485W Outdoor Wall Mount Bracket & Shroud , White 1.00 $140.32 $140.32 MISC-EQUIPMENT Threaded 1.5NTP Allowance for , 3 cameras 1.00 $775.19 $775.19 QUOTATION: 229839 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 3 of 4 MISC-EQUIPMENT mounting boxes 1.00 $124.03 $124.03 02327-001 Hanwha Camera, Fixed Indoor Dome, 3.4-8.9mm Lens 1.00 $723.51 $723.51 5505-081 Indoor Pendant Kit, T94K01D 1.00 $54.16 $54.16 5503-091 Pipe Adapter, T91A06 1.00 $13.05 $13.05 5017-051 T91A05 Camera Holder 1.5 Nps 1.00 $34.37 $34.37 5017-041 T91A04 Camera Holder 3/4" Pipe 1.00 $34.27 $34.27 01186-004 Hanwha SPD-150 Decoder 1.00 $520.92 $520.92 HDMIADMM6 6 Foot High Speed HDMI Cable - HDMI to HDMI Micro 1.00 $14.93 $14.93 DTK-MRJPOE Surge Protection, Power over Ethernet, RJ45 Conn 4.00 $94.65 $378.60 SCE-8N804LP Enclosure, 8" X 8" X 4", NEMA 1 4.00 $58.26 $233.04 SCE-8N8MPP Subpanel, Flat Perforated, 6" X 6" X 0.06", NEMA N/A 4.00 $15.35 $61.40 CAT6010 10ft Network Patch Cable, Black, Cat6 4.00 $4.99 $19.96 CAT6003 Network Jumper, Cat6, 3 Foot, Black Jacket 0.00 $2.08 $0.00 CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 24.00 $3.19 $76.56 GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection 16.00 $162.07 $2,593.12 GSC-SV-AIO2E-1C-UP Upgrade AIO Camera Connection to Omnicast Enterprise 4.00 $112.67 $450.68 GSC-SV-AIO2E-1PAC-UP Upgrade AIO Analog Camera Connection to Omincast Enterprise Analog Connection 16.00 $23.40 $374.40 GSC-OM-E-1C GSC OM Camera Enterprise Connection 2.00 $216.67 $433.34 ADV-CAM-E-1Y Advantage for 1 Omnicast Enterprise Camera, 1 Year 2.00 $44.20 $88.40 ADV-CAM-E-1M SMA for 1 Omnicast Enterprise Camera, 1 Month 84.00 $3.68 $309.12 ADV-CAM-E-1Y Advantage for 1 Omnicast Enterprise Camera, 1 Year 20.00 $44.20 $884.00 INSTALL Consulting with Multiple site visits 12.00 $0.00 $0.00 INSTALL IP cameras 6.00 $135.00 $810.00 INSTALL Remove existing cameras 6.00 $135.00 $810.00 INSTALL Multi sensor camera install, 7 cameras 20.00 $135.00 $2,700.00 INSTALL Exterior Multi-sensor camera install, 1 camera 10.00 $135.00 $1,350.00 INSTALL Surge install 4.00 $135.00 $540.00 INSTALL Pipe install to ceilings 14.00 $135.00 $1,890.00 INSTALL Fixed camera install surface mount, 5 cameras 9.00 $135.00 $1,215.00 INSTALL Fixed camera install to existing pipe, 4 cameras 6.00 $135.00 $810.00 INSTALL Exterior fixed camera install 2.00 $135.00 $270.00 INSTALL Decoder install at monitor location 1.50 $135.00 $202.50 INSTALL Camera programming & testing 5.00 $135.00 $675.00 INSTALL Decoder programming 1.50 $135.00 $202.50 QUOTATION: 229839 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 4 of 4 INSTALL Genetec IP Camera license install 4.00 $135.00 $540.00 INSTALL Testing & coordiantion 3.75 $135.00 $506.25 ENGINEER Engineering Labor 12.00 $150.00 $1,800.00 PROJ MGMT Project Management Labor 16.00 $140.00 $2,240.00 FREIGHT Freight Charges 1.00 $313.74 $313.74 A-MISC SHOP SUPPLIES Misc Shop Supplies 1.00 $71.42 $71.42 1-YEAR-VTI- WARRANTY 1 yr. Workmanship Line Item 1.00 $0.00 $0.00 EQUIPMENT: $49,345.96 LABOR: $16,561.25 SUBCONTRACTOR: $0.00 FREIGHT: $313.74 SUBTOTAL: $66,220.95 ESTIMATED TAX*: $0.00 TOTAL: $66,220.95 *Sales Tax amount is an estimate and is subject to change based on local, city, state, or federal laws. QUOTATION: 229840 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 1 of 4 BILL TO: JOB LOCATION: COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Prairie View Liquor STR3 DATE: May 16, 2025 ADDRESS: 8080 Mitchell Road ADDRESS: 968 Prairie Center Drive SALES REP: Ralph Michels PHONE: (952)210-7637 EXT Eden Prairie, MN 55344- 4485 Eden Prairie, MN 55344- 7304 EMAIL: RMichels@paladintechnologies.com CONTACT: CONTACT: Patrick Maynard PHONE: (952)949-8368 PHONE: (952)949-8497 TITLE: City of Eden Prairie Liquor Store 3 Camera Replacement Project 5-16-2025 SCOPE OF WORK: VTI Quote is based on MN State contract equipment and labor rates. Consulting and site visit labor hours are included at no cost on this quote. Liquor Store 3 - Replace and/or upgrade existing cameras in the store to provide enhanced coverage with better detail. Install 2 new Panasonic 4K Multi-Sensor cameras on the exterior of the building. General coverage of the rear store delivery, main guest entrance, employee entrance and parking lot. Install PoE surge protection module for each exterior camera. Install 3 new Panasonic 4K Multi-Sensor cameras in the liquor store. Coverage of high value merchandise aisles. Install 3 new interior Panasonic 2MP Multi-Sensor cameras in the interior of the liquor store as shown on the floor plan. General coverage of aisles, coverage of high value aisles, wine tasting and coverage of storage room, etc. Install 6 new Panasonic 1080P fixed cameras in the liquor stores as shown on plan. General coverage of cash registers, office and two storage areas. Install 5 new Panasonic 5MP fixed cameras in the liquor store as shown on plan. General coverage of aisles, coverage of high value aisles. Install 1 new Axis 1080P camera and decoder in the liquor store. Coverage of the customer entrance doors with display of the camera on a local monitor at the store entrance via a decoder. Reuse the existing monitor at the front entrance if compatible. Provide 16 Genetec upgrade licenses to convert from Analog to IP cameras. Provide 4 Genetec upgrade IP camera license for the project. Existing IP licenses will be reused. VTI will install, terminate, configure and program the cameras. Camera will be programmed and recorded onto the City Hall Genetec Directory and Archiver server. Notes: 1. Days of storage on the City Hall archiver server will be reduced when the liquor store cameras are added to the City Hall system. 2. New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1 City of Eden Prairie to provide/install for the project: 1. Man lift for camera installation 2. PoE Network switch port for each camera. (30Watt budget for each port). 3. IP addresses for cameras. QUOTATION: 229840 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 2 of 4 4. CAT6 cable to each camera location. 5. Ground cable for surge protection devices connected to building steel for exterior cameras. 6. Removal of coaxial cable and /18/2 camera power cable to existing cameras slated for removal. PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE WV-S8574L Camera, Outdoor Multi-Sensor, 4 Lens with 4K (8MP Each Sensor) 3.1mm Fixed Lens 5.00 $2,894.00 $14,470.00 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 4.00 $50.00 $200.00 PWM40AW Wall Mount for Outdoor Dome Camera 4.00 $50.04 $200.16 WV-QJB503-W Ceiling Surface Mount Bracket 1.00 $50.04 $50.04 PACA4W Corner Mount Adapter, White 1.00 $96.16 $96.16 WV-S8544L Camera, Outdoor Multi-Sensor, 4 Sensors, 4MP for Each Sensor, 2.9-7.3mm Motorized Zoom Lens 2.00 $2,315.20 $4,630.40 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 0.00 $0.00 $0.00 PWM40AW Wall Mount for Outdoor Dome Camera 0.00 $0.00 $0.00 WV-QJB503-W Ceiling Surface Mount Bracket 0.00 $0.00 $0.00 WV-QCL101-W Pendant Mount Bracket, 1 Part, White 2.00 $94.19 $188.38 WV-QSR503F1-W Shroud Bracket, Female Threaded, White 2.00 $50.00 $100.00 WV-S2136L LA Model Camera, Dome, Indoor, 1080P with AI Engine, H.265, 3MP MSRP $627.28 - 18% off of MSRP 6.00 $614.98 $3,689.88 WV-QWL500-W Integrated Wall Mount Bracket, White 0.00 $0.00 $0.00 WV-QCL101-W Quantity? Pendant Mount Bracket, 1 Part, White 0.00 $0.00 $0.00 WV-QSR501-W Shroud Bracket, White 0.00 $0.00 $0.00 WV-QCL101-W Pendant Mount Ceiling Bracket, 1 Part, White 0.00 $0.00 $0.00 WV-QJB502-W Mounting Bracket, Ceiling Surface 6.00 $64.29 $385.74 WV-S22500-V3L Camera, Indoor Vandal Resistant Dome, 5MP, 2.9-9mm Lens 5.00 $774.15 $3,870.75 WV-QWL500-W Integrated Wall Mount Bracket, White 0.00 $0.00 $0.00 WV-QJB502-W Mounting Bracket, Ceiling Surface 0.00 $0.00 $0.00 WV-QCL101-W Quantity? Pendant Mount Bracket, 1 Part, White 0.00 $0.00 $0.00 WV-S25500-V3LN Camera, 5MP Outdoor Vandal Resistant Dome 0.00 $0.00 $0.00 PWM485W Outdoor Wall Mount Bracket & Shroud , White 0.00 $0.00 $0.00 MISC-EQUIPMENT Threaded 1.5NTP Allowance for , 3 cameras 0.00 $466.67 $0.00 MISC-EQUIPMENT mounting boxes 1.00 $155.04 $155.04 02327-001 Hanwha Camera, Fixed Indoor Dome, 3.4-8.9mm Lens 1.00 $723.51 $723.51 5505-081 Indoor Pendant Kit, T94K01D 1.00 $54.16 $54.16 QUOTATION: 229840 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 3 of 4 5503-091 Pipe Adapter, T91A06 1.00 $13.05 $13.05 5017-051 T91A05 Camera Holder 1.5 Nps 1.00 $34.37 $34.37 5017-041 T91A04 Camera Holder 3/4" Pipe 1.00 $34.27 $34.27 01186-004 Hanwha Decoder 1.00 $520.92 $520.92 HDMIADMM6 6 Foot High Speed HDMI Cable - HDMI to HDMI Micro 1.00 $14.93 $14.93 DTK-MRJPOE Surge Protection, Power over Ethernet, RJ45 Conn 4.00 $94.65 $378.60 SCE-8N804LP Enclosure, 8" X 8" X 4", NEMA 1 4.00 $58.26 $233.04 SCE-8N8MPP Subpanel, Flat Perforated, 6" X 6" X 0.06", NEMA N/A 4.00 $15.35 $61.40 CAT6010 10ft Network Patch Cable, Black, Cat6 4.00 $4.99 $19.96 CAT6003 Network Jumper, Cat6, 3 Foot, Black Jacket 0.00 $0.00 $0.00 CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 24.00 $3.19 $76.56 GSC-OM-E-1PAC-UP Upgrade 1 Analog Camera Connection to IP Camera Connection 16.00 $162.07 $2,593.12 GSC-SV-AIO2E-1C-UP Upgrade AIO Camera Connection to Omnicast Enterprise 8.00 $112.67 $901.36 GSC-SV-AIO2E-1PAC- UP Upgrade AIO Analog Camera Connection to Omincast Enterprise Analog Connection 16.00 $23.40 $374.40 GSC-OM-E-1C GSC OM Camera Enterprise Connection 1.00 $216.67 $216.67 ADV-CAM-E-1Y Advantage for 1 Omnicast Enterprise Camera, 1 Year 1.00 $44.20 $44.20 ADV-CAM-E-1M SMA for 1 Omnicast Enterprise Camera, 1 Month 82.00 $3.68 $301.76 ADV-CAM-E-1Y For Analog Caemra converted to IP Advantage for 1 Omnicast Enterprise Camera, 1 Year 20.00 $44.20 $884.00 INSTALL Consulting with Multiple site visits 12.00 $0.00 $0.00 INSTALL IP cameras 4.00 $135.00 $540.00 INSTALL Remove existing cameras 4.00 $135.00 $540.00 INSTALL Multi sensor camera install, 7 cameras 14.00 $135.00 $1,890.00 INSTALL Exterior Multi-sensor camera install, 1 camera 8.00 $135.00 $1,080.00 INSTALL Surge install 3.00 $135.00 $405.00 INSTALL Pipe install to ceilings 0.00 $135.00 $0.00 INSTALL Fixed camera install surface mount, 5 cameras 12.00 $135.00 $1,620.00 INSTALL Fixed camera install to existing pipe, 4 cameras 11.00 $135.00 $1,485.00 INSTALL Exterior fixed camera install 0.00 $135.00 $0.00 INSTALL Decoder install at monitor location 2.00 $135.00 $270.00 INSTALL Camera programming & testing 4.00 $135.00 $540.00 INSTALL Decoder programming 1.50 $135.00 $202.50 INSTALL Genetec IP Camera license install 3.00 $135.00 $405.00 INSTALL Testing & coordination 3.00 $135.00 $405.00 ENGINEER Engineering Labor 10.00 $150.00 $1,500.00 QUOTATION: 229840 Paladin Technologies 401 West Travelers Trail Burnsville, MN 55337 IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN BUYER:___________________________ (Print Name) BUYER SIGNATURE:___________________________ DATE:_______________________ Printed on 5/16/2025 Page 4 of 4 PROJ MGMT Project Management Labor 14.00 $140.00 $1,960.00 FREIGHT Freight Charges 1.00 $310.07 $310.07 A-MISC SHOP SUPPLIES Misc Shop Supplies 1.00 $69.77 $69.77 1-YEAR-VTI- WARRANTY 1 yr. Workmanship Line Item 1.00 $0.00 $0.00 EQUIPMENT: $35,586.60 LABOR: $12,842.50 SUBCONTRACTOR: $0.00 FREIGHT: $310.07 SUBTOTAL: $48,739.17 ESTIMATED TAX*: $0.00 TOTAL: $48,739.17 *Sales Tax amount is an estimate and is subject to change based on local, city, state, or federal laws. City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.P. Department: Fire Department ITEM DESCRIPTION Declare Fire Vehicle as Surplus Property and Authorize Sale to Fire Safety USA REQUESTED ACTION Move to: 1. Declare Rescue Pumper E41 as surplus property and authorize sale to Fire Safety USA. 2. Approve the execution of Purchase Agreement and Bill of Sale with Fire Safety USA. SUMMARY The Fire Department has ordered four new Fire Engines. With the arrival of our new Fire Engines the Fire Department will be selling our old Fire Engines. This will be the second Engine sold (E41). The estimated value is $150,000.00. The sale will be in accordance with the City’s purchasing policy: Assets between $25,000 - $175,000. The vehicle will be sold to Fire Safety USA for $150,000.00. The sale of used equipment helps fund the purchase of new equipment. The vehicle will be sold to Fire Safety USA “as is” with no representations or warranties as to condition. Staff recommends approval of the attached Purchase Agreement and Bill of Sale to accomplish the sale. ATTACHMENTS Sale and Purchase Agreement Bill of Sale Fire Safety USA Quote MacQueen Purchase agreement Quote Invoice – City of Eden Prairie Quote Date 6/15/2025 Quote # 100901 Name / Address EDEN PRAIRIE FIRE DEPARTMENT ACCOUNTS PAYABLE EMAIL ALL INVOICES FIRE SAFETY USA, INC 3253 19TH STREET NW ROCHESTER, MN 55901 Rep RYAN Phone # 507-529-8444 Fax #E-mail chadd.clarey@firesafetyusa.com Web Site www.firesafetyUSA.com Total Customer Phone 952-949-8338 [ward] Customer Fax 952-949-8409 Item DescriptionQty Cost Total SALE Price Quote to purchase Engine #41, to be released by August 30, 2025. 1 150,000.00 150,000.00 Used trucks must be in same or similar condition as when inspected. $150,000.00 City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.Q. Department: Police Department, Chief Matt Sackett ITEM DESCRIPTION Approval of State of Minnesota (BCA) Human Trafficking Investigators Task Force Joint Powers Agreement REQUESTED ACTION Move to: Approve the Joint Powers Agreement (JPA) between the Eden Prairie Police Department and the MN Bureau of Criminal Apprehension (BCA) for the Human Trafficking Investigators Task Force. SUMMARY For almost ten years, Eden Prairie has been involved the 494 Corridor Group – a multi-agency task force focused on addressing trafficking and exploitation along the I-494 corridor. The core members include the Bloomington, Edina, Maple Grove, Minnetonka, Plymouth and Richfield police departments. Since 2016, Eden Prairie detectives have taken part in 38 sting operations across the metro, leading to 401 arrests for trafficking-related offenses. These operations have also allowed investigators to connect with 117 victims and offer access to vital services, including safe housing, treatment programs, and job and life skills training. The 494 Corridor Group has collaborated with investigators with the MN Bureau of Criminal Apprehension (BCA) on several of the operations. This JPA will allow for more direct support from the BCA on the operations. It formalizes the practice/agreement already in place as cases from our area are passed along by the state task force. ATTACHMENTS State of Minnesota (BCA) Human Trafficking Investigators Task Force Joint Powers Agreement SWIFT Contract Number: 271455 1 BCA MN HITF Affiliate 5/2024 STATE OF MINNESOTA HUMAN TRAFFICKING INVESTIGATORS TASK FORCE JOINT POWERS AGREEMENT This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the City of Eden Prairie on behalf of its Police Department, 8080 Mitchell Rd Eden Prairie, MN 55344 (“Governmental Unit”). The BCA and Governmental Unit may be referred to jointly as “Parties”. Recitals Under Minnesota Statutes § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The Parties wish to work together to investigate and prosecute human trafficking, which includes sex and labor trafficking. The Governmental Unit wants to participate in the Minnesota Human Trafficking Investigators Task Force (“MNHITF”) as an Affiliate member. Agreement 1.Term of Agreement1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signaturespursuant to Minnesota Statutes § 16C.05, subdivision 2.1.2 Expiration Date. This Agreement expires five (5) years from the Effective Date unlessterminated earlier pursuant to clause 12. 2.PurposeThe Governmental Unit and BCA enter into this Agreement to make the Governmental Unit part ofthe MNHITF that will use a three-pronged approach to combat human trafficking, which includes sex and labor trafficking: prevention, education, and enforcement. The BCA will provide an AssistantSpecial Agent in Charge (ASAIC) who will serve as the Commander of the Task Force(Commander) and who reports to a Special Agent in Charge (SAIC). The Governmental Unit willprovide to the Task Force an affiliate member(s) (“Members”). 3.Standards The Governmental Unit will adhere to the MNHITF Standards identified below.3.1 Members will investigate human trafficking crimes committed by organized groups or individuals, with a priority on minors being trafficked. 3.2 Members will participate in pro-active human trafficking operations and recover victims of human trafficking, having a priority focus on minors, with the goal of identifying their traffickers. 3.3 Members will follow state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures. 3.4 Members will follow proper legal procedures in securing evidence, including electronic devices. 3.5 Members will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments. 3.6 Members will use, as appropriate, a broad array of investigative technologies and techniques. 3.7 Members will interview and prepare reports of victim recoveries and direct those victims to appropriate public and private resources to help ensure their safety and integration back into SWIFT Contract Number: 271455 2 BCA MN HITF Affiliate 5/2024 society. 3.8 Members must be willing to respond and/or work jointly on human trafficking crimes within their jurisdiction and complete their assigned duties for the duration of the term of this Agreement. 3.9 Members must be licensed peace officers. 3.10 Members will investigate cases involving multi-jurisdictional, complex and/or organized groups involving human trafficking, which may require travel to neighboring jurisdictions as investigations expand. 3.11 Members will prepare an operational briefing sheet for each active operation related to the MNHITF investigations and activities, to be approved by the Commander. 3.12 Members will prepare investigative reports related to the MNHITF investigations and activities to be submitted to the Commander. 3.13 Members must submit statistics to the Commander on a quarterly basis. 3.14 Members are assigned to their home agencies and may request assistance and resources on a case-by-case basis as approved by the Commander. 3.15 Members will utilize a deconfliction system to share and receive information to promote deconfliction with other agencies. 4. Responsibilities of the Governmental Unit and the BCA 4.1 The Governmental Unit will: 4.1.1 Conduct investigations in accordance with provisions of the MNHITF Standards, identified in clause 3 above, and conclude such investigations in a timely manner. 4.1.2 Maintain accurate records of prevention, education, and enforcement activities, to be collected and forwarded quarterly to the BCA for statistical reporting purposes. 4.1.3 Continue to directly supervise Members that are assigned to the MNHITF. Members remain under the employ of the Governmental Unit while assigned to and performing MNHITF assignments. All services, duties, acts or omissions performed by Members will be within the course and duty of the Members’ employment and therefore covered by the Workers Compensation and other compensation programs of then Governmental Unit including fringe benefits. 4.1.4 Make a reasonable good faith attempt to be represented at all scheduled MNHITF meetings in order to share information and resources among members of the MNHITF. 4.1.5 Participate fully in any audits required by the MNHITF. 4.1.6 Upon request, provide the BCA with a copy of any body worn camera footage that was captured while working within the capacity of the MNHITF under this Agreement. Said footage must be turned over to the BCA within 48 hours via a secured cloud storage service or thumb drive, as directed by the Authorized Representative for inclusion in the BCA’s case files. The copy of the footage will be maintained in the BCA’s system. 4.1.7 Consult the BCA in advance of any release of body worn camera footage to allow the BCA to consider and consult any private, not public, or confidential data that may require redaction. Any release of data captured in the course of MNHITF operations must adhere to state and federal laws. 4.1.8 Adhere to MNHITF’s operations plans or other operational guidance issued by the SAIC and ASAIC, including new procedures governing the MNHITF while conducting MNHITF investigations and activities. 4.1.9 Comply with the use of force provisions of their home agency’s policies and procedures. Members must also comply with directives issued by the SAIC and ASAIC. In the event of a conflict between the use of force requirements of the Members’ home agency policy, and the policies or directives of the MNHITF, the policies and procedures of the home agency shall govern. Prior to deployment in the field, Members will confer with the SAIC or ASAIC to identify any potential use of force policy conflicts and work to resolve them in advance of operational activities. 4.1.10 Promptly submit to the Authorized Representative any and all investigation reports and supplementary reports created and generated while conducting MNHITF activities. 4.1.11 Report any performance measure data collected related to MNHITF to the Authorized Representative on a quarterly basis each year for the duration of this Agreement. 4.1.12 Generate quarterly expense reports covering previously approved expenses incurred SWIFT Contract Number: 271455 3 BCA MN HITF Affiliate 5/2024 within that quarterly period. Requests for reimbursement for that quarter’s expenses must be submitted to the ASAIC in the requested format for reimbursement within fourteen (14) days from the end of each quarter. 4.1.13 Submit requests for reimbursement within fourteen (14) days of notification of the grant’s expiration, otherwise, the Governmental Unit will forfeit its reimbursement. 4.2 The BCA will: 4.2.1 Provide an ASAIC who will serve as the Commander of the Task Force. 4.2.2 Review and approve or decline reimbursement requests under clause 5.1 within three (3) business days of the reimbursement request. To process the request for reimbursement will require fourteen (14) business days upon receipt of the approved request. 4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a member as an employee of the Governmental Unit. 5. Payment 5.1 The Governmental Unit must make a written request for funds and receive approval from the Commander or designee. 5.2 The Governmental Unit must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the BCA to the Governmental Unit within thirty (30) calendar days of the invoice date with payment made to the Governmental Unit Authorized Representative’s address listed below. 6. Authorized Representatives The BCA’s Authorized Representative is the following person or her successor: Name: Rachel Pearson, Commander of BCA-led MNHITF Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: 651.793.7000 E-mail Address: Rachel.Pearson@state.mn.us The Governmental Unit’s Authorized Representative is the person below or his/her successor: Name: Matt Sackett, Chief of Police Address: 8080 Mitchell Rd Eden Prairie, MN 55344 Telephone: 952-949-6262 E-mail Address: msackett@edenprairie.org If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental Unit must immediately notify the BCA’s Authorized Representative in writing by email. 7. Assignment, Amendments, Waiver, and Agreement Complete 7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement. 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability SWIFT Contract Number: 271455 4 BCA MN HITF Affiliate 5/2024 The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes §§ 466.01- 466.15, and other applicable law. 9.AuditsUnder Minnesota Statutes § 16C.05, subdivision 5, the Governmental Unit’s books, records,documents, and accounting procedures and practices relevant to this Agreement are subject toexamination by the BCA and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 10.Government Data PracticesThe Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and other applicable law, as it applies to all data provided bythe BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civilremedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause byeither the Governmental Unit or the BCA. If the Governmental Unit receives a request to release the data referred to in this Clause, theGovernmental Unit must immediately notify the BCA. The BCA will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 11.VenueThe venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12.Expiration and Termination12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. 12.2 Upon expiration or earlier termination of this Agreement, the Governmental Unit shall provide the Commander all investigative equipment that was acquired under this Agreement. 13.Continuing ObligationsThe following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11, Venue. The remaining balance of this page intentionally left blank. SWIFT Contract Number: 271455 5 BCA MN HITF Affiliate 5/2024 The parties indicate their agreement and authority to execute this Agreement by signing below. 1.STATE ENCUMBRANCE VERIFICATION 3.DEPARTMENT OF PUBLIC SAFETY; Individual certifies that funds have been encumbered as BUREAU OF CRIMINAL APPREHENSION required by Minnesota Statutes §§ 16A.15 and 16C.05. Signed: ________________________________________ By: ______________________________________________ (with delegated authority) Date: __________________________________________ Title: _____________________________________________ SWIFT PO Number: _30000101894___________________ Date: _____________________________________________ 2.GOVERNMENTAL UNIT 4.COMMISSIONER OF ADMINISTRATION Governmental Unit certifies that the appropriate person(s) As delegated to the Office of State Procurement has(have) executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions or ordinances. By: ________________________________________________ By: ________________________________________________ Title: _______________________________________________ Date: ______________________________________________ Date: _______________________________________________ By: _________________________________________________ Title: ________________________________________________ Date: _______________________________________________ By: _________________________________________________ Title: ________________________________________________ Date: _______________________________________________ Police Chief City Manager Mayor City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.R. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Approve Change Order #1 – Helical Piles for Eden Prairie Police Department Renovation REQUESTED ACTION Approve Change Order #1 with Minnesota Utilities and Excavating, LLC in the amount of $107,372.60 for additional helical pile work related to the Eden Prairie Police Department Renovation Project. SUMMARY As part of the Eden Prairie Police Department Renovation, two site conditions required structural changes involving helical piles. •$67,021.10: Installation of helicals under existing interior column pads to safely support structural footings during elevator pit excavation. •$40,351.50: Additional length of helicals required due to unforeseen soil conditions at the exterior building addition. Both scope changes were reviewed and approved by the structural engineer and are necessary to proceed safely with the foundation work. The costs associated with this change order will be covered by the project’s construction contingency. ATTACHMENTS Change Order #1 with Minnesota Utilities and Excavating                     ! "#  $$  "  %          &' #      ()) *!+ %     ,  -#% &&*        ! "" # ./ 0'  1    *   ./ , * 2! +  &      .(3%/ "41   5 "6!  -  1    . % /   &  5    *   $%&'()*(+,-'   $.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,     /0 1$0 2     .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,       .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,  .$$/   /0     ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,   ..$$/ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, %&)&3+)345,'' %&)+34)4--,-' %','' %&)&3+)345,'' %&'()*(+,-'  6"7" 89 #) 7 : )    7   *  *!8        89  7 :      79+       89   :7; <  58 "' *'  %   $$  " *8 =2        89  #   89         ,  -#% &&* *!+ %    &' #    %    %     BY (Signature) .82;:547Ā/7<36893Ā1.*Ā-!/0#"),Ȁ+"++Ȁ$#&.Ȁ(0--Ȁ .+ -#% "0'&               City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.S. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Approve Boiler #1 Heat Exchanger Replacement – Eden Prairie Community Center REQUESTED ACTION Approve contract with Total Mechanical Services, Inc. for the replacement of the Boiler #1 heat exchanger at the Eden Prairie Community Center in the amount of $48,313.00. SUMMARY Boiler #1 at the Eden Prairie Community Center has experienced a heat exchanger failure due to internal cracking. After evaluating repair options, staff recommends replacing the heat exchanger with an OEM component. This will extend the boiler’s service life by an estimated 8– 10 years and avoid the significantly higher cost and disruption associated with a full boiler replacement and related piping modifications. Two proposals were received: Vendor Quote Amount Total Mechanical Services $48,313.00 NAC Mechanical & Electrical $55,985.00 Total Mechanical provided the lowest qualified quote and has demonstrated capability with past boiler service work for the City. Funding for this work will come from the Facilities operating budget. ATTACHMENTS Standard Agreement for Contract Services with Total Mechanical (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 15th day of July 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Total Mechanical Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 420 Broadway Ave St Paul Park, MN 55071. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for HVAC replacements and modifications hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of July 15, 2025. The Work shall be completed by December 31, 2025. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 13 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $48,313 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 13 fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 13 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 13 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 13 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 13 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 13 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 13 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor shall comply Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 13 with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 13 EXHIBIT A Quote/Proposal/S cope of Work Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 13 Standard Agreement for Contract Services (rev. 6/2024) Page 13 of 13 City Council Agenda Cover Memo Date: July 15, 2025 Section: Consent Calendar Item Number: VII.T. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Seal Fire Station 4 Apparatus Bay Floor REQUESTED ACTION Award the contract to Surface Pros to seal the Fire Station 4 apparatus bay floor with a quartz polyurea coating in the amount of $63,021.00. SUMMARY As part of the 2025 Capital Improvement Plan, the existing floor coating in the apparatus bay at Fire Station 4 is scheduled for replacement. The current coating is failing as its peeling, chipping, and beyond its useful life leaving the underlying concrete vulnerable to damage. The proposed replacement coating is a quartz polyurea system, selected for its superior chemical resistance, flexibility, and durability over traditional epoxy. It includes a 10-year product warranty. Surface Pros was selected through the State of Minnesota Cooperative Purchasing Venture (CPV), contract F-503(5). Utilizing the CPV contract ensures competitive pricing and simplifies procurement. ATTACHMENTS Agreement for Contract Services with Surface Pros (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 15th day of July, 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Surface Pros, a Minnesota Corporation (hereinafter "Contractor") whose business address is 6701 W 23rd St, Saint Louis Park, MN 55426. 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 Applying quartz system to Bay Floor at Fire Station #4 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of July 15, 2025. The Work shall be completed by October 31, 2025. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 13 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $63,021.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 13 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, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 13 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 13 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 13 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services (rev. 6/2024) Page 7 of 13 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 13 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 13 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor shall comply Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 13 with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 13 EXHIBIT A Quote/Proposal/Scope of Work Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 13 Standard Agreement for Contract Services (rev. 6/2024) Page 13 of 13 City Council Agenda Cover Memo Date: July 15, 2025 Section: Public Hearing Item Number: VIII.A. Department: Community Development / Planning Julie Klima / Beth Novak-Krebs ITEM DESCRIPTION The applicant is requesting approval to redevelop the former Mister Car Wash site at 8280 Flying Cloud Drive with a credit union. The 0.77- acre site is located at the corner of Flying Cloud Drive and Middleset Road. The proposed credit union is a new 2,889 square foot building with a drive-thru on the north side of the building. The property is located in a commercial area. REQUESTED ACTION Move to close the public hearing and: •Adopt a Resolution for a PUD Concept Review on 0.77 acres •Approve the 1st reading of an Ordinance for a PUD District Review with waivers on 0.77 acres •Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. •Authorize the issuance of an early Land Alteration Permit for Veridian Credit Union at the request of the Developer subject to the conditions outlined in the permit. SUMMARY The site is zoned C Regional Service, which is consistent with the guiding of the property. The project site is a corner lot with frontage on Flying Cloud Drive and Middleset Road. The existing car wash will be demolished and a new 2,889 square foot credit union with a drive-thru will be constructed on the lot. Access is provided by a shared access drive along the northwest property line. The proposed building is situated close to Flying Cloud Drive with parking on the southwest and northwest sides of the building. The drive-thru facilities are located on the northeast side of the building with the drive lane between the building and Flying Cloud Drive. There are two drive- thru teller windows and an ATM. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting two waivers as listed below: • Parking Setback: City Code requires a parking setback of 10 feet along a rear property line. Seven (7) of the parking stalls along the northwest property line (rear lot line) are located directly on the property line and do not meet the parking setback. The applicant is requesting a waiver to allow a 0-foot parking setback for the stalls along the rear lot line. This is an existing condition and is consistent with the current configuration of the parcel. City staff supports the waiver. The subject property is less than an acre. Redevelopment of the site requires efficient use of all the lot to fit a building and parking on the site. Parking along the rear lot line is not out of character with parking along the shared drive on the adjacent sites and has been used without incident since the 1980’s. • Accessory Structure Setback: City Code requires a 10-foot setback from the rear property line for accessory structures. The new trash and recycling enclosure is located on the rear property line. The applicant is requesting a waiver to allow a 0-foot setback for the enclosure. The site is designed so the trash enclosure is not visible from Flying Cloud Drive and minimally visible from Middleset Road. There are other trash enclosures along the shared access drive, so the new enclosure is not out of character with the area. The proposed condition is an improvement from the previous site design as the trash dumpster for Mister Car Wash was located in the shared access drive and not enclosed or screened. TRAFFIC STUDY The applicant provided vehicle trip generation data comparing the trips when the former car wash was operating versus the proposed credit union with a drive-thru. The data indicates that the credit union with a drive-thru will generate 29 a.m. peak hour trips and 61 p.m. peak hour trips with 292 daily trips. This represents a decrease of 108 total daily trips when compared to the previous car wash use. No significant changes to area roadway traffic volumes or operations are expected. The closure of the existing driveway to the site from Middleset as requested by the City will reduce potential conflicts and improve safety. BUILDING ARCHITECTURE AND MATERIALS The property is not located in the Town Center; however, it is near the Town Center. The building and site have been designed with an understanding of its proximity to and the goals of the Town Center. The proposed building has a modern look with a butterfly roof that relates to the Veridian V- Mark. All the facades comply with City Code and include recesses, projections, and changes in building material and colors. This articulation complies with City Code and provides visual variety. The proposed building material includes the following Class I material: glass, cast stone, and stone veneer. The Class II material consists of aluminum composite panels and metal siding. Each façade exceeds the building material requirements. At their June 23, 2025 meeting, the Planning Commission voted 6-0 to recommend that the City Council approve the project. The 120-day review period expires on September 6, 2025. ATTACHMENTS Ordinance for PUD District Review Resolution for PUD Concept Review PC Staff Report Planning Commission Minutes VERIDIAN CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2025-PUD-_-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the Regional Service Commercial (C-Reg-Ser) Zoning District as -2025-PUD-_-2025 (hereinafter "PUD-_-2025”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2025 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2025 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2025 are justified by the design of the development described therein. D. PUD-_-2025 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the Regional Service Commercial (C-Reg-Ser) Zoning District as Planned Unit Development PUD-_-2025 and the legal descriptions of land in each district referred to in City Code Section 11.03 shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2025 entered into between Veridian Credit Union, a chartered credit union under the laws of Iowa, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2025, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th Day of July, 2025, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the _____ day of ____________, 2025. ATTEST: __________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ____________________, 2025. EXHIBIT A PUD Legal Description Legal Description Lot 1, Block 1, THE PRESERVE COMMERCIAL PARK NORTH 4TH ADDITION, Hennepin County, Minnesota. VERIDIAN CREDIT UNION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2025-PUD-__-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the Regional Service Commercial (C- Reg-Service) Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ______________________, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF VERIDIAN CREDIT UNION FOR DAVID KNAEBLE WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on June 23, 2025 on Veridian Credit Union by David Knaeble and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on July 15, 2025. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Veridian Credit Union, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans dated June 10, 2025. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 23, 2025. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2025. ________________________ Ronald A. Case, Mayor ATTEST: ______________________________ David Teigland, City Clerk EXHIBIT A PUD Concept Legal Description: Lot 1, Block 1, THE PRESERVE COMMERCIAL PARK NORTH 4TH ADDITION, Hennepin County, Minnesota. Planning Commission Agenda Cover Memo Date: June 23, 2025 Location: 8280 Flying Cloud Drive Subject: Veridian Credit Union From: Beth Novak-Krebs, Senior Planner Applicant: Dave Knaeble with Civil Site Group Review period expires: September 6, 2025 ITEM DESCRIPTION The applicant is requesting approval to redevelop the former Mister Car Wash site at 8280 Flying Cloud Drive with a credit union. The 0.77- acre site is located at the corner of Flying Cloud Drive and Middleset Road. The proposed credit union is a new 2,889 square foot building with a drive-thru on the north side of the building. The property is located in a commercial area. REQUESTED ACTIONS • Planned Unit Development Concept Plan Review on 0.77 acres • Planned Unit Development District Review with Waivers on 0.77 acres • Site Plan Review on 0.77 acres BACKGROUND COMPREHENSIVE PLAN AND ZONING The site is guided Regional Commercial in Aspire 2040. The property is currently zoned C-Regional Service. A credit union is a permitted use in the C-Reg-Service Zoning District. SITE PLAN The site is a corner lot with frontage on Flying Cloud Drive and Middleset Road. Staff report – Veridian Credit Union June 23, 2025 Page 2 Vehicular access is provided by a shared access drive from Middleset Road. The shared access drive runs along the northwest side of the site and provides access to other businesses to the north and east. The plan includes two driveways from the shared access drive. At the request of the City, the current driveway directly into the site from Middleset Road will be eliminated because it is too close to the intersection with Flying Cloud Drive. The proposed building is situated close to Flying Cloud Drive with parking on the southwest and northwest sides of the building. The drive-thru facilities are located on the northeast side of the building with the drive lane between the building and Flying Cloud Drive. There are two drive- thru teller windows and a bypass lane. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. Staff report – Veridian Credit Union June 23, 2025 Page 3 • Parking Setback: City Code requires a parking setback of 10 feet along a rear property line. Seven (7) of the parking stalls along the northwest property line (rear lot line) are located directly on the property line and do not meet the parking setback. The applicant is requesting a waiver to allow a 0-foot parking setback for the stalls along the rear lot line. In 1984, the subject lot and the lots to the north and east were designed together to include the shared access drive and shared parking for the benefit of the whole area. At that time, a variance was approved for a 0-foot setback for the shared parking areas that cross over the interior lot lines of the lots to the north and east. The subject property was not included in the parking variance because the site layout of the first car wash on the site did not have parking along the rear property line. Without a variance, this project requires a waiver. City staff supports the waiver. The subject property is less than an acre. Redevelopment of the site requires efficient use of all the lot to fit a building and parking on the site. Parking along the rear lot line is not out of character with parking along the shared drive on the adjacent sites and has been used without incident since the 1980’s. • Accessory Structure Setback: City Code requires a 10-foot setback from the rear property line for accessory structures. The trash and recycling enclosure is located on the rear property line. The applicant is requesting a waiver to allow a 0-foot setback for the enclosure. The site is designed so the trash enclosure is not visible from Flying Cloud Drive and minimally visible from Middleset Road. There are other trash enclosures along the shared access drive so the new enclosure is not out of character with the area. The trash dumpster for Mister Car Wash was located in the shared access drive and not enclosed or screened. TRAFFIC STUDY The applicant provided vehicle trip generation data comparing the trips when the former car wash was operating versus the proposed credit union with a drive-thru. The data indicates that the credit union with a drive-thru will generate 29 a.m. peak hour trips and 61 p.m. peak hour trips with 292 daily trips. This represents a decrease of 108 total daily trips when compared to the previous car wash use. No significant changes to area roadway traffic volumes or operations are expected. The closure of the existing driveway to the site from Middleset would reduce potential conflicts and improve safety. PARKING The project requires 14 parking stalls. The proposed plan includes 20 parking stalls. There are 6 stalls proposed along the southwest side of the building and 14 stalls on the northwest side of the building between the shared access drive and the building. Staff report – Veridian Credit Union June 23, 2025 Page 4 SIDEWALKS AND TRAILS There is an existing sidewalk along the shared access drive from Middleset to the northeast property line. The proposed plan includes a sidewalk connection from the main entrance of the building to the sidewalk along the shared access drive. In addition, there are bike racks near the main entrance to the building. While there is a shared use path along Flying Cloud Drive, grade issues do not allow for a pedestrian connection along Flying Cloud Drive. BUILDING ARCHITECTURE AND MATERIALS The property is not located in the Town Center; however, it is near the Town Center. The building and site have been designed with an understanding of its proximity to and the goals of the Town Center. The following elements of the plan help the project fit into the adjacent context as envisioned in the Town Center Design Guidelines: • The redevelopment of the site reinforces an identifiable commercial area along Flying Cloud Drive. • The building façade facing Flying Cloud Drive aligns with existing buildings along the street. • The main entrance to the building is located at the southeast corner of the building and it is emphasized by storefront windows and a change in building material and color. • Parking is mostly located at the back of the building. • Access is located along a secondary street. • The plan includes a bike rack and a pedestrian connection to the shared drive at the back of the lot. • The drive-thru lane between the building and Flying Could Drive is screened with shrubs, perennials and ornamental grasses. The proposed building has a modern look with a butterfly roof that relates to the Veridian V- Mark. All the facades comply with City Code and include recesses, projections, and changes in building material and colors. This articulation complies with City Code and provides visual variety. Staff report – Veridian Credit Union June 23, 2025 Page 5 The proposed building material includes the following Class I material: glass, cast stone, and stone veneer. The Class II material consists of aluminum composite panels and metal siding. Each façade exceeds the building material requirements. DRAINAGE/STORMWATER MANAGEMENT The applicant is proposing to use underground chambers to manage stormwater. The system is located under the drive lane on the southwest side of the building. The applicant is working with the Riley Purgatory Bluff Creek Watershed District on securing a stormwater management permit. UTILITIES Sanitary sewer and water is readily available for connection. Sanitary sewer and water lines run under Flying Cloud Drive and Middleset Road. LANDSCAPING AND TREE REPLACEMENT PLAN There are a total of 9 existing trees on the property. The 4 significant trees and one newer tree will be preserved. Four non significant trees will be removed. Tree replacement is not required. Based on the size of the building, 9 caliper inches of landscaping are required. The plan includes 9 caliper inches of landscaping. The applicant complies with the landscaping requirements on the property. The plan includes 3 trees and a variety of shrubs, ornamental grasses and perennials screening the drive thru lane, enhancing the building and softening the parking lot. There are more shrubs, grasses and perennials than are needed to satisfy the landscaping requirements, which results in a robust landscape treatment. Staff report – Veridian Credit Union June 23, 2025 Page 6 SUSTAINABILITY While waivers are requested, the project is not subject to the Building Sustainability requirements, due to the size of the building. The applicant is proposing to incorporate the following sustainable features into the project: • Use energy star rated appliances • Use Water Sense certified fixtures in its design. • Utilize native vegetation and minimize the use of irrigation SIGNS The plan shows one proposed monument sign at the southwest corner of the site and several wall signs. The applicant is required to apply for a sign permit for all the signs. All signs must comply with City Code. LIGHTING The site includes pole lighting at the perimeter of the parking lot, lighting on the building, and lighting under the drive-thru canopy. The lighting complies with City Code. STAFF RECOMMENDATION Recommend approval of the following requests: • Planned Unit Development Concept Plan Review on 0.77 acres • Planned Unit Development District Review with Waivers on 0.77 acres • Site Plan Review on 0.77 acres CONDITIONS OF APPROVAL This is based on plans dated June 10 & 11, 2025 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant must: A. Revise the Utility Plan to address the following comment: FDC location is good, don't see valve room location indicated on plan. Will riser/ valve be located in mech room and connection plumbed to opposite side? B. Clean up both the Site Plan and Utility Plan so property lines and existing D&U easements are visible/easier to see. The proposed 20' D&U easement should be labeled as proposed, should stay within property lines (in certain spots you won't have the full 20' width) and do not need to overlap the existing D&U. 2. Prior to land alteration permit issuance, the applicant must: A. Obtain permits and approvals from other agencies as needed. B. Obtain City approval of a final grading and drainage plan for the property. C. Submit construction plans and project specifications for any public infrastructure for review and approval by the City Engineer. D. Submit detailed utility and erosion control plans for review and approval by the City Engineer. E. Obtain and provide documentation of Watershed District approval. F. Notify the City and Watershed District 48 hours in advance of grading. G. Provide a construction grading limits and tree protection plan for review and approval by the City. Staff report – Veridian Credit Union June 23, 2025 Page 7 H. Install erosion control at the grading limits of the property for review and approval by the City. I. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. J. Submit and receive written approval of an executed landscape agreement. K. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. L. Any improvements on adjacent property may require a temporary easement. M. Obtain written approval of a Wrecking Permit for the removal of buildings on the property. N. Obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. O. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. P. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater Facilities has been recorded. 3. The following waivers are granted through the PUD for the project as indicated in the plans dated June 10 & 11, 2025. A. Parking Setback: City Code requires a parking setback of 10 feet along a rear property line. The waiver allows a 0-foot parking setback along the rear property line. In 1984, the subject lot and the lots to the north and east were designed together to include the shared access drive and shared parking for the benefit of the whole area. At that time, a variance was approved for a 0-foot setback for the shared parking areas that cross over the interior lot lines of the lots to the north and east. The subject property was not included in the parking variance because the site layout of the first car wash on the site did not have parking along the rear property line. Without the variance, a waiver is required. B. Accessory Structure Setback: City Code requires a 10-foot setback from the rear property line for accessory structures. The waiver allows a 0-foot setback for the trash and recycling enclosure, which is an accessory structure and it is located on the rear property line. The site is designed so the trash enclosure is not visible from Flying Cloud Drive and minimally visible from Middleset Road. There are other trash enclosures along the shared access drive so it is not out of character with the area. 4. Prior to issuance of an Occupancy Permit, the applicant must: A. Construct the retaining wall(s) in accordance with the terms of the permit and terms and conditions of Exhibit C. B. Complete implementation of the lighting plan in Exhibit B. C. Complete construction of mechanical equipment screening. D. Complete construction of the trash enclosure. Staff report – Veridian Credit Union June 23, 2025 Page 8 E. Complete implementation of the approved exterior materials and colors plan. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JUNE 23, 2025 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:01 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member Duncan, Kirk, and Grote were absent. III. APPROVAL OF AGENDA MOTION: Weber moved, seconded by Farr to approve the agenda. MOTION CARRIED 6-0. IV. MINUTES MOTION: Taylor moved, seconded by Weber to approve the minutes of June 9, 2025 amended to clarify the erstwhile-proposed LRT station mentioned on page 3, Item VA, was to be built on City Hall property. MOTION CARRIED 6-0. V. PUBLIC HEARINGS A. VERIDIAN CREDIT UNION (2025-03) • Planned Unit Development Concept Review on 0.77 acres • Planned Unit Development District Review with Waivers on 0.77 acres • Site Plan Review on 0.77 acres Dave Knaeble, of Civil Site Group, and Nathan Zywiki, architect and designer presented a PowerPoint and detailed the application. The proposal was to build a new, 2,889 square foot credit union on the corner of Flying Cloud Drive and Middleset Road. Zywiki summarized the history of Veridian Credit Union, which PLANNING COMMISSION MINUTES June 23, 2025 Page 2 was founded as a non-profit alternative to commercial banks. The Credit Union would expand from Old Shady Oak Road to Flying Cloud Road, keeping the Shady Oak Road location open as well, with business hours Monday through Saturday also offering drive-through services. Knaeble displayed the site plan and explained the site was currently a Mr. Carwash, which would be demolished. There were three accesses to the site, one off of Middleset and two from the north-south private drive. The southern access from Middleset would be removed. The development would utilize existing utility services and put in a new stormwater management system in accordance with the requirements of the Riley-Purgatory Creek Watershed. The proposed landscaping would meet City requirements, with a retaining wall and screening along Flying Cloud Drive, and screening of the building and the west side of the parking lot. Zywiki displayed three elevations, two in daylight and one at night, and explained the open design to take advantage of natural light. The butterfly roof would follow Veridian’s brand, including the green accents and “clean and modern” theme and a “digital-first” philosophy. The exterior building materials of glass, stone masonry and aluminum siding, and their colors, conformed to City Code and would be compatible with the surrounding buildings. Taylor asked for and received confirmation there was no interior ATM, though a coin counter would be offered for public use. The was only an exterior ATM by the drive-through. Pieper asked for and received confirmation the credit union received more in-branch traffic than at the drive-through. Farr urged the landscaping plan have the ability to screen headlights, perhaps with evergreens, though the retaining wall and grade change could prevent issues during the winter. Farr commended the proposed traffic circulation. Taylor noted the trees along Middleset Road were mature and asked if they would remain or be removed. Knaeble replied they proposed to remove some at the southwest end of the site and keep four of the seven trees toward Middleset. Barnhart presented the staff report. This was a proposed redevelopment of a former Mr. Carwash site. The driveway at Middleset Road and Flying Cloud Drive would be removed, which would improve the site. Two waivers were requested. The current PUD waivers requested a zero-foot setback for the parking lot and for the dumpster enclosure, which was currently located in another owner’s property. This was not a new condition, being the parking lot was existing. The parking stall number exceeded requirements, as did the building design and the landscaping plan. Staff recommended support for the waivers and approval of the project subject to the conditions of the staff report, most of which would appear in the final construction designs. PLANNING COMMISSION MINUTES June 23, 2025 Page 3 Farr noted on the aerial image there were yellow lines depicting the lots of the multi-tenant to the northwest, in which a half-dozen parking stalls wrapped around the shared driveway. He asked if this could be shared parking. Barnhart pulled up the Hennepin County aerial map and replied this had been used by Mr. Carwash as a dumpster enclosure. It was developed with the thought of being a cross access with shared parking and shared access, and would not change. Farr asked for and received confirmation this was a new PUD request, so the applicant was not taking other access rights outlined in the old PUD. There would be an access easement through that property (the diamond retailer). MOTION: Taylor moved, seconded by Weber to close the public hearing. Motion carried 6-0. Farr stated he supported the two waivers for the reasons cited in the staff report. MOTION: Farr moved, seconded by Weber to recommend approval of the Planned Unit Development Concept Review on 0.77 acres; Planned Unit Development District Review with Waivers on 0.77 acres; and the Site Plan Review on 0.77 acres as recommended by the staff report dated June 23, 2025. Motion carried 6-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Sherwood to adjourn. Motion carried 6-0. The meeting was adjourned at 7:20 p.m. City Council Agenda Cover Memo Date: July 15, 2025 Section: Public Hearing Item Number: VIII.B. Department: Community Development / Planning Julie Klima / Beth Novak-Krebs ITEM DESCRIPTION A request for approval of a Conditional Use Permit (CUP) for the adaptive reuse of the Dorenkemper House. The house was constructed in the 1860’s along Pioneer Trail and it was moved to Riley Lake Park in 2002. In 2006, the house was restored. A resident of Eden Prairie is interested in leasing the house for an independent bookstore. REQUESTED ACTION Move to: •Close the public hearing; and •Adopt Resolution approving the Conditional Use Permit SUMMARY For several years, the City Council and the Heritage Preservation Commission have been discussing ideas for increasing awareness of and access to the Dorenkemper House, its history and possible adaptive reuse. Ideas have included an ice cream parlor, restaurant, coffee shop or a local small business. A city resident expressed an interest in leasing the house for a small independent bookstore. City staff have been working on the improvements required for the adaptive reuse of the house and a lease. On June 17, 2025, City Council held a public hearing regarding the approval of a Certificate of Appropriateness (COA) for the physical improvements to the house, including a 165 square foot addition to accommodate mechanical and restroom needs. Following consideration of the public testimony and the recommendation from the Heritage Preservation Commission, the Council approved the COA. Since the Dorenkemper House is a designated Heritage Preservation Site, Section 11.38 of City Code requires a Conditional Use Permit for the adaptive reuse. This process allows the City to verify that a proposed reuse of a Heritage Preservation site is appropriate, while maintaining the historic character of the building and site. The owner/operator of the bookstore is proposing a small independent bookstore with a focus on a cozy atmosphere where customers can browse for books and relax. The owner is planning to keep some of the furniture in the home, honoring the history of the home. The operation may also include indoor and outdoor events intended to increase traffic to the house and business. Any outdoor events will be reviewed and approved by the Parks and Recreation Department. At its June 16, 2025 meeting, the HPC held a public hearing for the CUP. No comments for or against the proposal have been received to date. The HPC reviewed the request and a draft CUP. The HPC recommended that the City Council approve the Conditional Use Permit. There have been some revisions to the CUP since the HPC meeting, but the revisions are consistent with the conversation at the HPC meeting. Conditions specific to the use, which were previously in the CUP, will be added to the lease instead. The lease is an item the Council will consider for approval in the future. The conditional use meets the standards outlined in Section 11.41 Subd. 2 and subd. 3. A. of City Code. ATTACHMENTS 1. Resolution for Conditional Use Permit 2. Location Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 2025-01 FOR 9090 RILEY LAKE ROAD, EDEN PRAIRIE, MINNESOTA 55347 WHEREAS, on December 1, 2015, the City Council adopted Ordinance No. 20-2015 designating the Dorenkemper House as a Heritage Preservation Site pursuant to City Code § 11.05 (now City Code § 11.38); WHEREAS, the Dorenkemper House is located at 9090 Riley Lake Road, which is within Riley Lake Park, is included in the City’s Parks and Open Space zoning district, and is owned by the City; WHEREAS, pursuant to City Code § 11.41, Subdivision 1.A, a conditional use permit for the adaptive use of a Heritage Preservation Site is allowed for historic properties situated within the Parks and Open Space zoning district; WHEREAS, the City is proposing a conditional use permit (CUP) for the adaptive reuse of the Dorenkemper House a retail store, which is a permitted use of the Property pursuant to City Code § 11.41, subd. 1.A.3 (the “CUP Proposal”); WHEREAS, the property for which the CUP is proposed includes only the Dorenkemper House building, which is generally depicted on Exhibit A attached hereto (the “Property”). The Property is contained with the larger property legally described as follows: Outlots “AA” and “BB” Bearpath Addition, Hennepin County, Minnesota together with that part of Government Lot 2 and that part of the Northwest 1/4 of the Southeast 1/4 Section 19, Township 116, Range 22 described as follows: Beginning at the most Easterly corner of said Outlot “BB” Bearpath Addition; Thence N 89°09'04" E 156.91 feet; Thence S 24° 43'56" E 401.90 feet; Thence S 54°15'39" W 701.44 feet more or less to the shore of Riley Lake; Thence Northerly along the shore 610.00 feet more or less to the Southwest corner of Outlot “AA;” Thence N 51°45'37" E along the Southeasterly line of Outlot “AA” and its extension to a point on the Southerly line of Outlot “BB” 103.00 feet more or less; Thence N 71°41'24" E 417.00 feet to the point of beginning. WHEREAS, pursuant to City Code § 11.41, Subdivision 4.B, the City’s Heritage Preservation Commission held a public hearing on the CUP Proposal on June 16, 2025 and recommended that the Council approve the CUP; WHEREAS, pursuant to City Code § 11.41, Subdivision 4.B, the City Council held a public hearing on the CUP Proposal on July 15, 2025; WHEREAS, the Council finds that the Property is conformance with the standards contained in City Code § 11.41, Subdivision 2 and Subdivision 3.A; and WHEREAS, the Council finds that the CUP Proposal meets the criteria of the City Code and that the issuance of a Conditional Use Permit for the Property is appropriate, subject to the terms, conditions and restrictions set forth below. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. The recitals set forth above are incorporated herein. 2. In accordance with the provisions of Eden Prairie City Code § 11.41, a Conditional Use Permit for the adaptive reuse of the Property is hereby granted subject to the following terms, conditions, and restrictions. 3. The Property may be used for commercial and retail purposes as specifically approved by the City. 4. If the operator of the Property is any person or entity other than the City itself, the operator must enter into and at all times be in compliance with a lease agreement with the City setting forth the specific permitted uses of the Property and other terms and conditions of the use of the Property. 5. The building and all uses of the Property must meet and remain in compliance with all Building and Fire Codes, State and County health regulations, and ADA requirements. 6. Any alterations of the building or Property must conform to the Certificate of Appropriateness issued by the Council for the Property. 7. This Conditional Use Permit will remain in effect as long as the conditions agreed upon are observed. ADOPTED by the City Council of the City of Eden Prairie this 15th day of July, 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Depiction of Property Subject to CUP DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof theinformationcontained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. *Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie. Scale:1:3,600 ² Addresses Parcels 0 300 ft Conditional Use Permit - Dorenkemper Dorenkemper House LAKE RILEY Riley Lake Park Heritage Prservation Commission Staff Report Date: June 16, 2025 Location: 9090 Riley Lake Road Subject: Conditional Use Permit for Adaptive Reuse of Dorenkemper House From: Beth Novak-Krebs, Staff Liaison to the HPC Applicant: Jillian Davis ITEM DESCRIPTION The applicant is requesting approval of a Conditional Use Permit (CUP) for the adaptive reuse of the Dorenkemper House for an independent bookstore. In addition to selling books, the bookstore owner/operator intends to use the house for events and activities. Outdoor events and activities will be planned with the approval of the Parks and Recreation Department. The proposed use is a good fit for the house. REQUESTED ACTIONS Move to: • Close the public Hearing, and • Recommend that the City Council approve the Conditional Use Permit. BACKGROUND The Dorenkemper house (House) is located in Riley Lake Park near the Riley Jaques Barn and House. On December 1, 2015, the House was officially designated as a Heritage Preservation Site. The location of the House falls within the boundaries of the Riley Jacques site. Riley Lake Park is zoned Park and Open Space. According to City Code § 11.41, Subdivision 1.A, a Conditional Use Permit (CUP) for the adaptive use of a Heritage Preservation Site is required? for historic properties situated within the Parks and Open Space zoning district. In addition to approval of a CUP for the adaptive reuse, a Certificate of Appropriateness (COA) is required for the improvements being made to the structure to accommodate the adaptive reuse as an independent bookstore. Approval of the COA will go to the City Council on June 17, 2025. The owner/operator of the bookstore intends to create a welcoming and cozy space where customers, including children, can relax and sit and read a book. Eventually a deck may be added to the house so customers can sit outdoors and enjoy the view of the lake in addition to the indoor seating. The history of the home will be acknowledged and shared with customers. In addition to selling books, the owner/operator intends to sell non-book items which may include tote bags, beach towels, science and/or craft kits, sunscreen, bug spray, post cards, locally made treats, prepackaged food items, book marks, greeting cards, and book-themes Staff Report – Dorenkemper House – Conditional Use Permit Page 2 apparel. Since food and beverages cannot be prepared inside the structure, the owner/operator intends to have food vendors outside of the building during special events. The indoor events could include book club meetings, creative writing workshops, afternoon teas, community storytelling nights, literary trivia nights, live music etc. The outdoor events could include yoga and books, stargazing and science fiction, makers market in the field, picnics, live music, campfires and cocoa, etc. The outdoor events must be approved by the City. The applicant meets the criteria for approval of a CUP in City Code and is entitled to the issuance of a Conditional Use Permit for the Property subject to the terms, conditions and restrictions in the attached Conditional Use Permit document. ATTACHMENTS Conditional Use Permit Document Location Map UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION THURSDAY, JUNE 16, 2025 7:00 P.M. Meeting Heritage Rooms, City Hall HPC COMMISSION MEMBERS: Steve Schumacher (Chair); Paul Thorp (Vice-Chair); Rod Fisher; George Maxwell; Robert Bowes; Andy Ludowese; Catherine Lau, Prima Sisinni, Lisa Rude COMMISSION STAFF: Beth Novak-Krebs, Staff Liaison Kristin Harley, Recording Secretary I. CALL TO ORDER/ROLL CALL Chair Schumacher called the meeting to order at 7:00 p.m. Mark Weber of Eden Prairie News joined the meeting. II. READING OF LAND ACKNOWLEDGEMENT STATEMENT Rude read the land acknowledgement statement. III. APPROVAL OF AGENDA MOTION: Fisher moved, seconded by Maxwell to approve the agenda. Motion carried 9-0. IV. APPROVAL OF MINUTES MOTION: Maxwell moved, seconded by Rude to approve the minutes of the May 19, 2025 meeting. Motion carried 9-0. V. NEW BUSINESS A. REVIEW AND CONSIDER RECOMMENDING THE COUNCIL APPROVE A CONDITIONAL USE PERMIT FOR THE ADAPTIVE REUSE OF THE DORENKEMPER HOUSE AS AN INDEPENDENT BOOKSTORE Novak-Krebs detailed the staff report and draft conditional use permit. The (Certificate of Appropriateness) COA had been reviewed at the previous meeting supporting the adaptive reuse of the Dorenkemper House. City Code required this CUP because of the proposed reuses (activities inside and outside of the house, EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION June 16, 2025 Page 2 what products being sold, food trucks, et cetera). The CUP document was written to be flexible to avoid constant amendments to the conditional use permit. The house sat on park property, so there was a proposal to have the bookstore owner meet with park staff annually, perhaps every January to discuss the bookstore owners’ ideas for outdoor events related to the bookstore. This would also prevent overlapping events. This would allow the owner to get approval from the Parks and Recreation Department. The approval of the COA was going before the Council tomorrow (Tuesday) and the conditional use permit on July 15. Fisher asked for and received confirmation the City Council would also be holding a public hearing on this conditional use permit. Fisher asked what the CUP covered, and Novak-Krebs replied the CUP only applied to the reuse; other details would be handled in the lease. MOTION: Fisher moved, seconded by Maxwell to close the public hearing. Motion carried 9-0. Maxwell asked why the lease was not referenced in the conditional use permit. Discussion followed on the legal reasons for this. Novak-Krebs clarified that any new lease with a new renter would require a new conditional use permit. Novak-Krebs offered to speak on this with the City Attorney. Lau asked for and received confirmation this resident did not currently run a bookstore. Lau asked if this was to be her livelihood. Sisinni asked for and received confirmation there was a formal business plan. Novak-Krebs stated David Lindahl was working on the lease and in conversations with Novak-Krebs. Bowes asked for and received confirmation this bookstore would be open year- round. Thorp agreed with Maxwell that the lease be tied to the conditional use permit. Sisinni asked what the implications were for the actual space with this change. Limitations to commercial use would be removed, as with the Smith Coffee House. Sisinni asked for and received confirmation the pieces added could be removed in future if desired; the improvements were to construct a building addition onto the house, which would echo the historic character of the structure. Maxwell added the public could not appreciate the house without getting in to see it. Discussion followed on the possible implications of the reuse. Rude asked for and received confirmation the addition could probably not be modified for food service; the modification was only for dry goods. Thorp stated there were no cooking facilities in the house. Lau clarified that the commission was taking the position of advocating for this conditional use permit to make the house available to the public. Fisher stressed the commission should encourage and recommend this permit wholeheartedly. Schumacher agreed, saying the location and parking had always been a challenge. He asked for and received confirmation the City Parks Maintenance staff will maintain Riley Park including the snow plowing, et cetera, and the City Facilities Department will maintain the EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION June 16, 2025 Page 3 home. Fisher asked what granularity the restrictions had with regard to internal improvements, and Thorp repeated the HPC had no jurisdiction over the building itself, but its reuse. Novak-Krebs stated since this house was on Park property there would be coordination between Parks and Recreation and other City agencies. Schumacher commended the progress made on this adaptive reuse. MOTION: Lau moved, seconded by Maxwell to recommend to the City Council approval the conditional use permit Motion carried 9-0. Novak-Krebs repeated this would go before the City Council at its July 15 meeting. For the benefit of those that missed the May meeting, she displayed an aerial view of the house which showed the locations of the proposed addition. She also displayed current elevations and historic photographs during the relocation of the house. She then showed a detailed plan of the addition, showing the restroom, potential deck, checkout area and potential bookshelves. Novak-Krebs added the upstairs would also be used, perhaps as a reading nook for children. The deck could require another COA depending on its size and materials. The bookstore would be open year-round. Thorp agreed with Maxwell that a tight lease was needed. The addition of a restroom and running water would still be beneficial even if the bookstore were to fold because it the home could accommodate a different use. Discussion followed on a subsequent reuse if the bookstore did not continue. Novak-Krebs displayed the parking and footpaths as detailed by MacDonald & Mack. Construction completed by late fall, occupancy in January 2026, open in spring of 2026. B. CULTURAL RESOURCE INVENTORY Novak- Krebs displayed digitized documents and explained back in the early 1990s two consultants assessed and photographed historic properties in Eden Prairie. The resulting filled-out forms and photographs comprised the inventory. Fisher asked for and received confirmation this included the cooperation of the owners. Thorp stated the HPC went to the Historical Society for copies, and also possessed some originals. He stated consultants went through that list 10 years before and found many eligible buildings were gone. A dozen were probably left. Among the criteria had been age (properties built before the 1920s) and perceived significance, filled out land forms, et cetera. Most had been houses, although addresses often didn’t correspond. Novak-Krebs stated the commission could add more buildings to the inventory, fill out the form for each property, and send the information to SHPO to put in their file, and to be added to its map of similar inventories in Hennepin County. Thorp stated the Mitchell House built had been missed and should be added. Lau suggested adding the buildings of the plaque owners. EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION June 16, 2025 Page 4 Discussion followed on several potential additions to the inventory. Thorp stated the commission had information as complete as the records at the Historical Society, although the commission was not able to copy the Native American inventory. Novak-Krebs stated the City Code required an inventory of archeological sites in Eden Prairie but could not make that public. Novak-Krebs stated the City had hired a consultant in the 1990s.Novak-Krebs stated the consultants from the 1990s did leave a record along with two large reports detailing their processes and methodologies. Novak-Krebs offered to email the information, process, and criteria to the commission members. C. NATIONAL NOMINATION FOR THE SMITH DOUGLAS MORE HOUSE Thorp announced he and Kathie Case went through the nomination and found it ready to submit. Novak-Krebs offered to send the nomination out to the entire commission. She explained for the benefit of the new commission members the previous nomination that went to SHPO which questioned how this house was tied to the railroad. Novak-Krebs found more language written and the nomination was resubmitted with the changes, but it languished. Discussion followed on why the previous submission had not been acted upon. Schumacher stated he was confident in the work of Thorp and Case and saw no reason to wait another month in order to gather more comments from the commission members; the commission members agreed. Discussion followed on the history of the property. Schumacher asked for and received confirmation the students’ video was not yet posted, but Novak-Krebs stated it would be. She would speak to Communications staff and notify commission members when it was available online. Thorp suggested submitting the video with the nomination. The commission members agreed. D. DISCUSS OTHER MEETING LOCATIONS Schumacher asked for suggestions. Novak-Krebs stated Kathie Case offered the old gym. Thorp suggested Smith Coffee House. Other suggestions were Lion’s Tap, Staring Lake, the Outdoor Center, and the Northrup King Research Center. Novak-Krebs offered to follow up on these ideas. Fisher suggested looking at the Outdoor Center for July or August. VI. OLD BUSINESS EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION June 16, 2025 Page 5 VII. REPORTS OF SUBCOMMITTEES A. NATIVE AMERICAN HISTORY OUTREACH B. NEW HERITAGE PRESERVATION SITE DESIGNATIONS C. RENOVATION/MAINTENANCE DEVELOPMENT D. DOCUMENTATION/HISTORICAL RECORDINGS/OUTREACH IX. REPORTS OF COMMISSION AND STAFF Novak-Krebs announced the Flying Red Horse Ribbon-Cutting on Tuesday, June 17 at 4:00 p.m. The interpretive panels were up, the language of which the commission had reviewed. X. REPORTS OF HISTORICAL SOCIETY Bowes stated there would be a table at PeopleFest, July 7, 4:00 – 8:00 p.m. The Camp Edenwood 100th Anniversary celebration would be held September 9. Thorp announced Picnic on the Farm would be held at the Dorenkemper House on July 16. Fisher suggested inviting the bookstore owner to attend to meet residents. Novak-Krebs agreed. XI. FYI ITEMS Lau recommended a book, By the Waters of Minnetonka, by Eric Dregni. Schumacher commended Nico Allen for taking first place at National History Day in Washington, DC. Lau stated she would write a congratulatory letter to him on behalf of the commission. IV. NEXT MEETING The next HPC meeting will be held on Monday, July 21, 2025 at 7:00 p.m. at the Heritage Rooms, City Hall. V. ADJOURNMENT MOTION: Maxwell moved, seconded by Bowes to adjourn. Motion carried 9-0. The meeting was adjourned at 8:09 p.m. City Council Agenda Cover Memo Date: July 15, 2025 Section: Payment of Claims Item Number: IX. Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (roll call vote). SUMMARY Checks 319048 – 319495 Checks 5000008 - 5000285 Wire Transfers 11497 – 11543 Purchasing Card 11543 ATTACHMENTS Check Register Check Summary City of Eden PrairieCouncil Check Register 7/15/2025 Check Amount Vendor Name Account Description Business Unit Comments 319102 484,500 FOBBE ELECTRIC INC OCS - Other Contracted Services Police Remodel Police Remodel Electrical 5000136 427,318 VISU-SEWER, LLC Improvement Contracts Wastewater Capital Washington Ave Sanitary Line 11523(E)343,651 UKG INC Payroll Taxes Health & Benefits Fund Payroll Taxes PR Ending 06.13.25 11521(E)234,965 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits Fund PERA PR Ending 05.30.25 5000221 223,522 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies 319363 211,907 MINNESOTA DEMOLITION COMPANY LLC OCS - Other Contracted Services Police Remodel Police Remodel Demo 5000228 192,790 MOTOROLA SOLUTIONS INC OCS - Other Contracted Services Police Remodel 25% Pymt Dispatch Radio Consoles 5000192 190,137 GMH ASPHALT CORPORATION Improvement Contracts 2020 Improvement Contracts Improvement Projects - W 70th St 11519(E)164,324 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax May 2025 5000113 162,973 PRECISION UTILITIES Improvement Contracts Water Capital Leak Repair and Water Main Valve Rehab 319262 135,915 AXON ENTERPRISE INC Hardware Maintenance IT Capital Axon Squad & Body camera 1 yr maint 319232 122,135 XCEL ENERGY Electric Various Funds Multi-premise Electric 319374 110,251 MULCAHY NICKOLAUS LLC OCS - Other Contracted Services Police Remodel Police Remodel 319438 96,433 WEIDNER PLUMBING & HEATING CO OCS - Other Contracted Services Police Remodel 319368 95,971 MINNESOTA UTILITIES & EXCAVATING LLC OCS - Other Contracted Services Police Remodel 11543(E)94,745 USB-PURCHASING CARD Various Accounts Various Funds 5000284 85,069 XCEL ENERGY Electric Various Funds 5000144 81,585 XCEL ENERGY Electric Various Funds 5000165 81,377 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 319341 80,830 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS - Other Contracted Services Police Remodel 319421 77,891 SUMMIT FIRE PROTECTION OCS - Other Contracted Services Police Remodel 319449 76,969 MOTOROLA SOLUTIONS INC New Software Police Sworn 319108 76,743 GRANICUS INC Software Maintenance Various Funds 319289 70,538 CORE MECHANICAL SERVICES LLC OCS - Other Contracted Services Police Remodel 319148 66,424 METROPOLITAN COUNCIL Due to Other Governments SAC Fund 319425 63,141 TREE TRUST Landscape Materials Tree Replacement Fund 319235 58,548 ZIEGLER INC Machinery & Equipment Fleet - Park & Rec 319231 49,607 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61) 5000066 47,887 GRAYMONT Chemicals Water Treatment 319237 45,000 SB HOSPITALITY LLC Deposits General Fund 319273 44,416 BOYER FORD TRUCKS Autos Fleet - Park & Rec 319275 44,235 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 5000023 43,100 ARX PERIMETERS Miscellaneous Fencing Consortium 319240 42,750 CORE MECHANICAL SERVICES LLC OCS - Other Contracted Services Police Remodel 5000075 41,128 INDEPENDENT EMERGENCY SERVICES LLC OCS - Other Contracted Services E-911 Program 5000194 39,685 GRAYMONT Chemicals Water Treatment 5000207 38,872 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 319384 37,650 PRECISION UTILITIES OCS - Other Contracted Services Capital Maint. & Reinvestment 319225 37,467 WIESE USA Machinery & Equipment Fleet - Public Works 5000141 37,453 WSB & ASSOCIATES INC OCS - Other Contracted Services Capital Maint. & Reinvestment 5000120 36,573 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 5000096 36,570 MN MECHANICAL SOLUTIONS INC OCS - Equipment / Vehicles Water Supply (Wells) 319325 36,485 HULS BROKERAGE INC Lime Residual Removal Water Treatment 5000076 35,887 INDUSTRIAL PAINTING SPECIALISTS Improvement Contracts Water Capital 5000267 35,453 TOWMASTER INC Autos Fleet - Park & Rec 5000269 34,916 UKG INC Software Maintenance IT Operating 319109 32,705 GRAYMONT Chemicals Water Treatment 5000079 29,841 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 5000252 28,735 SRF CONSULTING GROUP INC Design & Engineering Shady Oak (FCD to Valley View) Check Amount Vendor Name Account Description Business Unit Comments 319110 28,527 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 319128 27,452 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 319062 26,832 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 319411 23,814 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 319437 23,414 WATERFRONT RESTORATION LLC OCS - Other Contracted Services Stormwater Non-Capital 319402 22,865 SHADYWOOD TREE EXPERTS INC OCS - Other Contracted Services Tree Removal 319078 22,631 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 5000170 22,043 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 11520(E)21,271 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits Fund 319354 20,516 MACQUEEN EQUIPMENT INC Small Tools Fire 319392 19,502 READY WATT ELECTRIC OCS - Other Contracted Services Emergency Management 319284 19,468 CENTERPOINT ENERGY Gas Various Funds 11532(E)19,291 WEX Health Savings Account Health & Benefits Fund 11502(E)19,291 WEX Health Savings Account Health & Benefits Fund 319334 19,184 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 5000196 19,169 HAWKINS INC Chemicals Water Treatment 11498(E)19,089 BPAS Other Deductions Health & Benefits Fund 319194 18,769 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 319307 18,375 G JOHNSON BUILDERS LLC Loan Receivable TIF-Eden Shores Senior Housing 319142 18,164 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5000162 17,965 BKV GROUP OCS - Other Contracted Services Police Remodel 5000238 17,759 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 5000163 17,709 BOLTON & MENK INC Design & Engineering Willow Creek Street/Utilities 319314 17,275 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor Store 5000283 17,079 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61) 319383 17,055 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor Store 5000167 16,879 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 319441 16,832 WSB & ASSOCIATES INC OCS - Other Contracted Services Capital Maint. & Reinvestment 319355 16,605 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement 319280 16,505 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 319474 16,000 TINTPROS PLATINUMS AUTO WRAPS Capital Under $25,000 Pool Maintenance 319313 15,939 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 319343 15,926 LANO EQUIPMENT INC Capital Under $25,000 Facilities Staff 11507(E)15,785 PAYCHEX Wages & Benefits 494 Corridor Commission 11540(E)15,781 PAYCHEX Wages & Benefits 494 Corridor Commission 319299 15,574 EPFSC County Grants Ice Show 5000243 15,375 RECLAMATION TECHNOLOGIES INC Capital Under $25,000 Ice Arena Maintenance 319426 14,866 TRUNORTH SOLAR LLC OCS - Other Contracted Services Sustainable Eden Prairie 5000217 14,485 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5000036 14,458 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 5000250 13,931 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 319063 13,847 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 5000055 13,700 DON STODOLA WELL DRILLING CO INC OCS - Other Contracted Services Capital Maint. & Reinvestment 319164 13,615 NEW LINE MECHANICAL INC OCS - Other Contracted Services Facilities Capital 319066 13,486 CATALYST GRAPHICS INC Printing Various Funds 5000009 13,380 ELECTRIC PUMP LLC OCS - Equipment / Vehicles Stormwater Collection 5000201 13,378 HOUSTON ENGINEERING INC Design & Engineering Economic Development Fund 319189 13,353 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Wastewater Capital 5000186 12,850 EXCEL LAWN & LANDSCAPE OCS - Lawn Maintenance City Center - CAM 5000040 12,655 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 319461 12,538 JERRY'S ENTERPRISES INC Grading Permits General Fund 319245 12,500 THE HOME DEPOT Accounts Receivable TIF-Eden Shores Senior Housing 5000033 12,177 BOUND TREE MEDICAL LLC EMS Supplies Fire 5000236 12,000 PATCHIN MESSNER DODD & BRUMM OCS - Other Contracted Services Dell Rd (Crestwood to CSAH 61) Check Amount Vendor Name Account Description Business Unit Comments 5000242 11,970 QUALITY COUNTS LLC OCS - Other Contracted Services Engineering 319247 11,935 THE HOME DEPOT Accounts Receivable TIF-Eden Shores Senior Housing 319415 11,579 SSI KEF SLB LLC Electric City Center - CAM 5000199 11,057 HOHENSTEINS INC Liquor Product Received Liquor Funds 5000168 10,682 BRIN GLASS SERVICE OCS - Building City Center - CAM 319270 10,608 BIFFS INC Waste Disposal Park Maintenance 319153 10,350 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health & Benefits Fund 319492 10,327 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health & Benefits Fund 5000073 10,149 HOUSTON ENGINEERING INC Design & Engineering Stormwater Capital 319433 10,000 VERMONT SYSTEMS, INC New Software Recreation Admin 319255 9,693 ALTERNATIVE BUSINESS FURNITURE INC 11516(E)9,521 U.S. BANK - I-494 PURCH. CARD 319171 9,288 PHILLIPS WINE AND SPIRITS INC 319407 9,051 SHOWCASE STRIPING SERVICES INC 319124 9,000 IRON MALTESE ATHLETICS 319064 8,874 CAPITOL BEVERAGE SALES LP 5000253 8,861 STANTEC CONSULTING SERVICES INC 5000051 8,681 DG MINNESOTA CS 2021 LLC 5000087 8,529 MARTIN MARIETTA MATERIALS 319054 8,518 ARTISAN BEER COMPANY 319381 8,425 PHILLIPS WINE AND SPIRITS INC 5000124 8,413 STREICHERS 11497(E)8,275 BPAS 319068 8,223 CEMSTONE PRODUCTS COMPANY 319272 8,221 BOUND TREE MEDICAL LLC 319081 8,179 CRANE ENGINEERING SALES LLC 5000256 8,124 STREICHERS 319301 7,985 EXCEL LAWN & LANDSCAPE 319344 7,903 LEAGUE MN CITIES INS TRUST WC 319319 7,707 HINTERLAND CSG LLC 319199 7,528 STANTEC CONSULTING SERVICES INC 319467 7,508 THE HOME DEPOT 5000156 7,500 BADGER STATE INSPECTION LLC 5000261 7,349 TARGETSOLUTIONS LEARNING, LLC 5000152 7,189 ARTISAN BEER COMPANY 319196 6,846 SRF CONSULTING GROUP INC 319445 6,625 LAURA COFFMAN 5000022 6,508 ARTISAN BEER COMPANY 5000239 6,505 PICHA GREENHOUSE 319154 6,500 MINNESOTA NATIVE LANDSCAPES 319414 6,336 SSI KEF SLB LLC 5000010 6,196 MACQUEEN EQUIPMENT INC 11530(E)6,158 HEALTHPARTNERS 319222 6,126 VISUSEWER 5000107 6,113 PHILLIPS WINE AND SPIRITS INC 5000041 6,055 CEMSTONE PRODUCTS COMPANY 5000237 6,049 PAUSTIS & SONS COMPANY 5000271 6,039 VAN PAPER COMPANY 319370 5,950 MN TACTICAL OFFICERS ASSOCIATION 319329 5,900 INNOVATIVE GRAPHICS 319410 5,884 SOBANIA COMMUNITY SOLAR 319283 5,792 CEMSTONE PRODUCTS COMPANY 319432 5,413 VERIZON WIRELESS 5000035 5,366 BRAUN INTERTEC CORPORATION Check Amount Vendor Name Account Description Business Unit Comments 319276 5,360 BREAKTHRU BEVERAGE MN WINE & SPIRITS 319115 5,307 HENNEPIN COUNTY TREASURER 319465 5,207 SHORT ELLIOTT HENDRICKSON INC 319380 5,178 PFM ASSET MANAGEMENT LLC 319257 5,145 ARTISAN BEER COMPANY 5000015 5,100 WEBBER RECREATIONAL DESIGN INC 319470 5,000 FREE AND EASY BAND 319350 4,958 LOGIS 5000126 4,950 TRUE NORTH CONTROLS 319491 4,947 MADISON NATIONAL LIFE INSURANCE CO INC 319141 4,939 MADISON NATIONAL LIFE INSURANCE CO INC 319481 4,916 CHARLES SPEIKERS 319050 4,860 A TO Z RENTAL 319114 4,846 HEALTHPARTNERS 319458 4,843 EDINA/EDEN PRAIRIE EXPLORERS 11499(E)4,823 HEALTHPARTNERS 319095 4,810 ERICKSON ENGINEERING COMPANY LLC 319136 4,719 LETS CORP 319097 4,660 EXCEL LAWN & LANDSCAPE 319133 4,599 LAW ENFORCEMENT LABOR SERVICES INC. 5000157 4,500 BAKER TILLY ADVISORY GROUP 319268 4,490 BEN OTTO ELECTRIC LLC 319300 4,474 ETHANOL PRODUCTS LLC 319321 4,472 HOHENSTEINS INC 319442 4,463 XCEL ENERGY 5000138 4,401 WINE MERCHANTS INC 5000218 4,400 MARTIN MARIETTA MATERIALS 5000021 4,396 ANCOM COMMUNICATIONS INC 5000110 4,355 POMP'S TIRE SERVICE INC 11517(E)4,312 HEALTHPARTNERS 319317 4,298 HEALTHPARTNERS OCCUPATIONAL MEDICINE 5000072 4,245 HOHENSTEINS INC 319234 4,235 XIGENT SOLUTIONS LLC 319296 4,217 ELEMENT MATERIALS TECHNOLOGY 319267 4,106 BELLBOY CORPORATION 319165 4,077 NEWCASTLE SYSTEMS INC 319087 4,056 EAGLE WINDOW DISTRIBUTING CO. OF MN 319360 4,052 METRO SALES INCORPORATED* 5000215 4,035 MACDONALD & MACK ARCHITECTS LTD 319160 4,017 MUNTERS CORP. 5000052 4,000 DIGITAL ACCESSIBILITY BY WECO 319396 3,991 REVOLUTIONARY SPORTS, LLC 5000219 3,900 MARTIN-MCALLISTER 319156 3,878 MINNESOTA VALLEY ELECTRIC COOPERATIVE 319298 3,872 EMERGENCY TECHNICAL DECON 5000279 3,863 WINEBOW 319246 3,809 THE HOME DEPOT 319147 3,798 METRO SALES INCORPORATED* 319116 3,776 HOHENSTEINS INC 5000197 3,736 HENNEPIN COUNTY TREASURER 5000159 3,694 BELLBOY CORPORATION 319422 3,681 SYMETRA LIFE INSURANCE COMPANY 319417 3,661 STANTEC CONSULTING SERVICES INC 11534(E)3,573 WEX Check Amount Vendor Name Account Description Business Unit Comments 319440 3,529 WM CORPORATE SERVICES INC 319249 3,516 A TO Z RENTAL CENTER 319333 3,500 JASON COTTEN 319221 3,492 VINOCOPIA 5000231 3,410 NATIONAL BUSINESS FURNITURE 319253 3,410 ADVANTAGE PROPERTY MAINTENANCE INC 5000086 3,401 M-R SIGN CO INC 319059 3,397 BELLBOY CORPORATION 319349 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 319409 3,322 SITEONE LANDSCAPE SUPPLY, LLC 319058 3,319 AVOLVE SOFTWARE 319197 3,300 ST CROIX ENVIRONMENTAL INC 5000200 3,297 HOME DEPOT CREDIT SERVICES 319052 3,155 AMERICAN RED CROSS 11514(E)3,116 INVOICE CLOUD INC 319239 3,103 SCOTT COUNTY 319377 3,053 OUTDOOR ENVIRONMENTS INC 319472 3,000 MAIDEN ENTERTAINMENT LLC 319469 3,000 BLUE HAZARD 319100 2,887 FIRE SAFETY USA INC 319227 2,858 WINE MERCHANTS INC 319206 2,799 SYMBOLARTS 5000178 2,771 CLEAR RIVER BEVERAGE CO 319256 2,762 AMERICAN RED CROSS 319203 2,759 STREICHERS 319379 2,692 PAUSTIS & SONS COMPANY 319137 2,689 LHB INC 319175 2,656 PRESCRIPTION LANDSCAPE 5000222 2,625 METRO ELEVATOR 5000259 2,617 SYMBOLARTS 319367 2,600 MINNESOTA ROADWAYS CO 319366 2,600 MINNESOTA NATIVE LANDSCAPES 319126 2,562 JEFFERSON FIRE & SAFETY INC 5000278 2,553 WINE MERCHANTS INC 319192 2,550 SOCCER SHOTS 5000048 2,537 CORE & MAIN 5000018 2,534 ADVANCED ENGINEERING & ENVIROMENTAL SERV 5000176 2,520 CERTIFIED APPLIANCE RECYCLING 319264 2,518 BARNUM GATE SERVICES INC 5000169 2,516 CAMFIL USA INC 319274 2,498 BREACHING TECHNOLOGIES INC 5000105 2,485 PAUSTIS & SONS COMPANY 319061 2,451 BOUND TREE MEDICAL LLC 319258 2,439 ARVIG 5000011 2,430 PRECISION UTILITIES 319342 2,426 KRISS PREMIUM PRODUCTS INC 5000234 2,402 NORTHLAND PETROLEUM SERVICE INC 319069 2,399 CENTERPOINT ENERGY 319067 2,378 CDW GOVERNMENT INC. 319266 2,371 BCM ONE 319286 2,359 CLEAR RIVER BEVERAGE CO 319219 2,353 VESSCO INC 5000047 2,343 CONCRETE CUTTING AND CORING 319259 2,332 ASPEN MILLS Check Amount Vendor Name Account Description Business Unit Comments 5000172 2,305 CEMSTONE PRODUCTS COMPANY 11542(E)2,271 PERA 11509(E)2,271 PERA 5000118 2,257 SITEONE LANDSCAPE SUPPLY, LLC 11536(E)2,205 WEX 5000039 2,192 BRYAN ROCK PRODUCTS INC 5000262 2,190 TGA OF CENTRAL HENNEPIN COUNTY 319149 2,100 MHSRC/RANGE 5000275 2,085 WALL TRENDS INC 319168 2,020 PAUSTIS & SONS COMPANY 5000164 2,015 BOUND TREE MEDICAL LLC 5000135 1,954 VINOCOPIA 5000281 1,872 WM CORPORATE SERVICES INC 319306 1,870 FLYING CLOUD TRANSFER STATION 4553 5000102 1,817 NORTH PINE AGGREGATE, INC 11531(E)1,792 WEX 5000266 1,780 TMS JOHNSON 5000193 1,763 GRAINGER 319080 1,707 COREMARK METALS 5000093 1,700 MIDWEST AQUA CARE INC 319228 1,688 WINEBOW 319312 1,636 GREAT LAKES COCA-COLA DISTRIBUTION 5000088 1,625 MAVERICK WINE LLC 319182 1,613 REILLY DILLON 5000150 1,593 ANCOM COMMUNICATIONS INC 5000065 1,585 GRAINGER 319074 1,584 CLEAR RIVER BEVERAGE CO 319254 1,578 AIRGAS USA LLC 5000225 1,572 MINNESOTA FIRE SERVICE CERTIFICATION BOA 5000202 1,558 HYDRO-VAC INC 319352 1,524 LYNDALE PLANT SERVICES 5000115 1,510 RISE RIGHT LLC 319471 1,500 ANNIE MICHELLE MACK 319358 1,492 MENARDS 5000181 1,488 DAKOTA SUPPLY GROUP INC 319205 1,485 SUMMER LAKES BEVERAGE LLC 5000258 1,452 SUMMER LAKES BEVERAGE LLC 319443 1,440 YORKTOWN OFFICES 5000043 1,428 CLEAR RIVER BEVERAGE CO 5000056 1,406 DUNSMORE ASPHALT INC 5000112 1,403 PRECISE MRM LLC 5000277 1,388 WINE COMPANY, THE 5000089 1,386 MEDICINE LAKE TOURS 5000213 1,386 LEGACY GYMNASTICS 319223 1,380 WALL TRENDS INC 319294 1,375 ECM PUBLISHERS INC 5000147 1,369 AMERICAN RED CROSS 5000063 1,369 GENERAL REPAIR SERVICE 319236 1,368 ZOLL MEDICAL CORPORATION 319173 1,360 POPE DOUGLAS SOLID WASTE MANAGEMENT 319439 1,318 WINE MERCHANTS INC 319090 1,308 EH WACHS 5000137 1,300 VORTEX ONE CORPORATIONS 5000050 1,300 D H EXCAVATING Check Amount Vendor Name Account Description Business Unit Comments 5000082 1,275 LANDBRIDGE ECOLOGICAL 5000083 1,270 LEAST SERVICES COUNSELING 5000091 1,254 MENARDS 5000127 1,243 ULINE 319226 1,240 WINE COMPANY, THE 319101 1,226 FLEETPRIDE INC 319423 1,215 SYSCO WESTERN MINNESOTA 5000230 1,213 MTI DISTRIBUTING INC 319161 1,200 NAC 5000245 1,187 RISE RIGHT LLC 5000028 1,162 BELLBOY CORPORATION 319122 1,152 INNOVATIVE GRAPHICS 5000179 1,150 COOPERATIVE ENERGY FUTURES 319150 1,150 MIDWEST AQUA CARE INC 5000276 1,143 WARNING LITES 5000125 1,140 TACTICAL SOLUTIONS INC 5000054 1,137 DOMACE VINO LLC 5000214 1,078 M-R SIGN CO INC 5000090 1,058 MEGA BEER 319290 1,053 COREMARK METALS 319143 1,042 MARCO INC 319151 1,038 MILLS AFTERMARKET ACCESSORIES INC 319279 1,006 BUILDING CONTROLS GROUPS 5000123 976 STEEL TOE BREWING LLC 319376 975 NORDIC AUTO GLASS LLC 5000175 973 CENTURYLINK 319071 973 CENTURYLINK 319144 970 MARTIN MARIETTA MATERIALS 319388 970 PRYES BREWING COMPANY 5000272 953 VENN BREWING COMPANY 11537(E)951 WEX 5000058 941 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 11535(E)934 WEX 319382 926 PITNEY BOWES 319318 919 HENNEPIN COUNTY TREASURER 5000038 916 BROTHERS FIRE PROTECTION 319088 915 EARL F ANDERSON 5000189 913 FIRE SAFETY USA INC 319167 912 PALADIN TECHNOLOGIES 319398 906 RISE RIGHT LLC 5000270 900 USA SECURITY 319072 888 CINTAS CORPORATION 319309 884 GLACIAL RIDGE GROWERS 5000248 882 SHAMROCK GROUP, INC - ACE ICE 319490 875 INTERNATIONAL UNION OF OPERATING 319489 875 INTERNATIONAL UNION OF OPERATING 319193 868 SOLUTION BUILDERS 5000042 867 CENTERPOINT ENERGY 319395 860 REINDERS INC 5000146 854 AMERICAN KARATE STUDIO INC 319212 850 THINKG DIGITAL SIGNS 5000180 840 CUMMINS SALES AND SERVICE 319328 835 INDIGO SIGNWORKS, INC. 319320 834 HLS OUTDOOR Check Amount Vendor Name Account Description Business Unit Comments 319269 831 BERRY COFFEE COMPANY 5000008 821 CINTAS CORPORATION 5000097 820 MODIST BREWING COMPANY 5000067 810 GREAT LAKES COCA-COLA DISTRIBUTION 319119 810 IDEAL SERVICE INC 5000216 803 MACQUEEN EQUIPMENT INC 319436 795 WALL TRENDS INC 5000198 794 HLS OUTDOOR 5000153 792 ASPEN MILLS 5000255 787 STEEL TOE BREWING LLC 5000100 778 MTI DISTRIBUTING INC 5000260 773 SYSCO WESTERN MINNESOTA 319086 771 DOMACE VINO LLC 319104 760 GLOBAL RESERVE LLC 319121 744 INDELCO PLASTICS CORP 319347 741 LIBATION PROJECT 5000128 726 UNMAPPED BREWING CO 5000190 724 GARTNER REFRIGERATION & MFG INC 5000104 720 OLSEN CHAIN & CABLE 5000223 720 MINNESOTA AIR INC 5000020 715 ALLEN'S SERVICE INC 5000241 714 PRYES BREWING COMPANY 319157 711 MODIST BREWING COMPANY 319176 709 PROPIO LS LLC 319304 708 FIRE SAFETY USA INC 319464 704 SCHMIDT, MATT 319386 703 PRINCIPAL FINANCIAL GROUP 5000019 700 AL & ALMA'S SUPPER CLUB AND CHARTERS 5000029 699 BERGMAN LEDGE LLC 5000014 699 STREICHERS 5000017 692 ABM EQUIPMENT LLC 319401 685 S&S WORLDWIDE INC 5000077 685 INSIGHT BREWING COMPANY LLC 11511(E)681 WEX 5000131 680 URBAN LAND INSTITUTE 5000184 655 ELECTRIC PUMP LLC 319204 654 SUBURBAN CHEVROLET 319278 650 BUCKNER JESSE 319130 649 KIESLER POLICE SUPPLY INC. 319251 648 ACME TOOLS 319260 647 ASPEN WASTE SYSTEMS INC. 319198 635 STABLE PATH HOA 319336 627 JSW EMBROIDERY & TACKLE TWILL 319459 624 EICHMAN NATHAN 319131 617 KREMER SERVICES LLC 319170 615 PETERSON COUNSELING AND CONSULTING LLC 5000174 614 CENTURYLINK 5000149 613 ANCHOR PAPER COMPANY 5000024 610 ASPEN MILLS 5000061 609 FIRE SAFETY USA INC 319210 603 THE ADVENT GROUP 5000158 602 BARREL THEORY BEER COMPANY 319200 602 STEEL TOE BREWING LLC 5000244 602 REVOLUTIONARY SPORTS, LLC Check Amount Vendor Name Account Description Business Unit Comments 319473 600 TOTAL ENTERTAINMENT/KIDSDANCE PROD. 319332 600 JAMES SHULTZ 319055 597 ASCENTEK, INC 319084 576 DALE GREEN COMPANY, THE 5000106 569 PDCM/DDP 319103 567 GERTENS 5000226 566 MINNESOTA VALLEY ELECTRIC COOPERATIVE 5000220 560 MENARDS 319184 559 SCHMIDT, MATT 319145 558 MENARDS 5000103 555 NOVACARE REHABILITATION 319303 554 FASTSIGNS 319091 554 ELECTRIC PUMP LLC 5000114 550 RICHFIELD PRINTING INC 319166 549 OPENDOOR LABS INC 5000285 548 ZIEGLER INC 5000264 543 THE OASIS GROUP 319211 543 THE OASIS GROUP 5000187 542 FASTENAL COMPANY 319187 536 SHAMROCK GROUP, INC - ACE ICE 11515(E)533 INVOICE CLOUD INC 5000057 532 ELECTRIC PUMP LLC 319123 525 INSIGHT BREWING COMPANY LLC 319430 521 VAN PAPER COMPANY 319263 516 BACK CHANNEL BREWING COLLECTIVE LLC 319177 516 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 319281 515 CARRANE JEFF 5000078 512 JASPER ENGINEERING & EQUIPMENT COMPANY 11503(E)508 WEX 5000031 508 BITTY KITTY BRIGADE 5000116 500 SHADYWOOD TREE EXPERTS INC 319451 500 SCOTT GORDHAMER 319105 500 GORDHAMER SCOTT 11522(E)500 UKG INC 5000027 497 BARREL THEORY BEER COMPANY 5000183 474 EARL F ANDERSON 319295 473 EICHMAN NATHAN 5000171 468 CDW GOVERNMENT INC. 5000274 466 VINOCOPIA 5000081 465 KELE INC 319169 464 PDCM/DDP 5000032 460 BLOOMINGTON, CITY OF 5000109 458 PIRTEK BURNSVILLE 319444 456 ZIEGLER INC 319431 445 VENN BREWING COMPANY 319056 444 ASPEN MILLS 319291 444 DIVERSE BUILDING MAINTENANCE 5000246 443 RIVERS EDGE CONCRETE 319460 442 JENNA DOBROVOLNY 5000268 440 TWIN CITY SEED CO 319092 438 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 5000071 435 HEADFLYER BREWING 319243 435 PETTY CASH-POLICE DEPT 5000132 434 VAN PAPER COMPANY Check Amount Vendor Name Account Description Business Unit Comments 5000140 433 WOODEN HILL BREWING COMPANY LLC 5000263 431 THE ADVENT GROUP 319265 425 BARREL THEORY BEER COMPANY 5000139 421 WINEBOW 5000210 421 JOHNSTONE SUPPLY 319159 420 MUEHLBAUER, THOMAS G 319111 418 H M CRAGG CO 319297 415 ELM CREEK BREWING COMPANY 319385 415 PREMIUM WATERS INC 5000122 412 ST CROIX LINEN LLC 319375 405 NAC 5000160 400 BERGMAN LEDGE LLC 319057 400 AT & T 319387 397 PROPIO LS LLC 319049 395 56 BREWING LLC 5000117 394 SHAMROCK GROUP, INC - ACE ICE 319435 393 VINOCOPIA 319106 391 GORRILLA KIRA 319302 390 FACTORY MOTOR PARTS COMPANY 319406 382 SHAMROCK GROUP, INC - ACE ICE 5000142 378 THE ADVENT GROUP 319424 378 THE ADVENT GROUP 319174 376 PREMIUM WATERS INC 5000155 374 BACK CHANNEL BREWING COLLECTIVE LLC 5000068 370 GREATAMERICA FINANCIAL SVCS 5000182 366 DOMACE VINO LLC 319096 360 ESTRINE, ROBERT 319488 357 FREIBERG MARK 319181 356 RED BULL DISTRIBUTING COMPANY INC 319179 350 QUIGLEY JONATHAN JR 5000211 342 LAKE COUNTRY DOOR LLC 319077 337 COMCAST 319051 336 ACEK9 319271 332 BIG STATE INDUSTRIAL SUPPLY INC 319282 331 CDW GOVERNMENT INC. 319351 325 LUPULIN BREWING COMPANY 319140 325 LUPULIN BREWING COMPANY 319120 321 INBOUND BREW CO 5000247 320 SAWALL, CASEY 319495 318 PROP - PR 5000204 315 IDEAL SERVICE INC 319107 311 GRAINGER 5000111 310 PRAIRIE ELECTRIC COMPANY 5000133 307 VESTIS SERVICES LLC 319138 306 LIBERTY TIRE SERVICES LLC 5000069 305 GYM WORKS 5000249 300 SOCIABLE CIDER WERKS LLC 319202 300 STILLER JACLYN 5000240 300 PIRTEK BURNSVILLE 11525(E)300 WEX 319207 297 T-MOBILE 5000016 295 4IMPRINT 5000025 293 ASSURED SECURITY 319073 292 CLAREY'S SAFETY EQUIPMENT Check Amount Vendor Name Account Description Business Unit Comments 5000173 290 CENTERPOINT ENERGY 319186 287 SCOTT BAANEUD 319391 284 R & R SPECIALTIES OF WISCONSIN INC 319292 284 DODGE OF BURNSVILLE 319485 284 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 319305 283 FLEETPRIDE INC 319229 281 WM MUELLER AND SONS INC 5000046 281 COMCAST 5000026 280 BACK CHANNEL BREWING COLLECTIVE LLC 319457 278 DELTA DENTAL 319353 276 M-R SIGN CO INC 5000251 274 SPS COMPANIES 319125 269 J H LARSON COMPANY 319082 269 CUB FOODS EDEN PRAIRIE 319220 265 VESTIS SERVICES LLC 5000212 264 LANO EQUIPMENT INC 11518(E)264 VANCO SERVICES 5000282 264 WM MUELLER AND SONS INC 319070 257 CENTURYLINK 319316 256 HACKAMORE BREWING COMPANY LLC 319224 256 WEE NIKKI 5000154 254 SVL 319277 253 BTR OF MINNESOTA 5000265 253 TIMESAVER OFF SITE SECRETARIAL INC 319419 253 STEEL TOE BREWING LLC 319346 251 LEONARD, MICHELLE 5000227 250 MONTGOMERY BREWING COMPANY LLC 319048 250 10,000 FOOT VIEW 5000053 250 DIRECTV 319447 249 ANNIKA HANBERG 319327 248 INBOUND BREW CO 319416 247 ST CROIX LINEN LLC 319218 245 VENN BREWING COMPANY 11533(E)243 WEX 319216 240 TWIN CITIES TRANSPORT & RECOVERY 5000254 238 STAPLES ADVANTAGE 5000119 233 SMALL LOT MN 5000273 230 VESTIS SERVICES LLC 319434 230 VESTIS SERVICES LLC 319215 229 TRANSUNION RISK & ALTERNATIVE DATA 5000059 227 FACTORY MOTOR PARTS COMPANY 11527(E)223 WEX 5000224 218 MINNESOTA CLAY CO. USA 5000101 217 NATIONAL BUSINESS FURNITURE 5000062 216 FREEZIAC 319480 213 COMCAST 319476 213 COMCAST 11512(E)211 WEX 5000012 209 SHI CORP 319293 207 DOMACE VINO LLC 5000085 204 LIBERTY TIRE SERVICES LLC 319373 204 MR CUTTING EDGE 5000030 202 BIFFS INC 5000206 200 JIM DOUGHERTY Check Amount Vendor Name Account Description Business Unit Comments 319462 200 PRESNELL EDWARD M JR 5000203 197 I-STATE TRUCK CENTER 5000280 191 WINSUPPLY EDEN PRAIRIE MN CO 11506(E)190 OPTUM HEALTH 319241 190 US POSTMASTER - HOPKINS 5000185 189 ELM CREEK BREWING COMPANY 319326 188 I-STATE TRUCK CENTER 319208 183 TAYLOR RUDER 319455 182 BROOKS JARED 319413 182 SPS COMPANIES 319134 181 LAWRENCE ALBERTS 319357 180 MEGA BEER 5000257 180 SUBURBAN CHEVROLET 5000130 180 URBAN GROWLER BREWING COMPANY LLC 319453 180 BOARD OF WATER & SOIL RESOURCES 11501(E)180 WEX 319389 178 QUALITY PROPANE 319378 178 PAFFY'S PEST CONTROL 319213 172 TIMESAVER OFF SITE SECRETARIAL INC 5000235 170 OLSEN CHAIN & CABLE 319427 170 TWIN CITY SEED CO 5000034 170 BOYER TRUCKS 319261 169 ASTLEFORD EQUIPMENT COMPANY INC 5000074 168 INBOUND BREW CO 319053 167 ANNETTE M O'CONNOR 5000092 167 METROPOLITAN FORD 5000233 167 NOKOMIS SHOE SHOP 319394 162 RED BULL DISTRIBUTING COMPANY INC 319288 160 CORE & MAIN 319252 160 ADAMS PEST CONTROL INC 319188 157 SHANE ROTH 11529(E)154 US BANK - PAYMODE 319331 153 J H LARSON COMPANY 319093 153 EPA AUDIO VISUAL INC 5000161 152 BIFFS INC 319118 150 HP MINNESOTA I LLC 5000070 150 HACKAMORE BREWING COMPANY LLC 319400 150 SAMARA SISKIND ROBERTS 319399 150 RIVER CITY JAZZ ORCHESTRA 319393 150 REBECCA KANE 319340 150 KELLY MCBURNETTE-ANDRONICOS 319338 150 JUST FRIENDS BIG BAND 319322 150 HOKE, DONNA 319315 150 GROS, MELINDA 319310 150 GOOD NEWS BIG BAND 319308 150 GENESIS JAZZ ORCHESTRA 319285 150 CHUCK LINDERKAMP 319250 150 ACME JAZZ COMPANY 319098 149 FACTORY MOTOR PARTS COMPANY 319356 147 MARZI WANOUS 5000195 147 HACKAMORE BREWING COMPANY LLC 5000084 147 LIBATION PROJECT 5000177 146 CINTAS CORPORATION #470 319139 140 LRS PORTABLES OF MINNESOTA Check Amount Vendor Name Account Description Business Unit Comments 319420 139 STELLAR WILDLIFE SOLUTIONS 319330 138 INSIGHT BREWING COMPANY LLC 319085 133 DAXKO LLC 5000013 125 STAPLES ADVANTAGE 5000145 124 AM CRAFT SPIRITS SALES & MARKETING 319152 123 MINNESOTA ICE SCULPTURES LLC 319371 122 MONTGOMERY BREWING COMPANY LLC 319201 122 STERICYCLE INC 11524(E)121 WEX 11505(E)121 WEX 5000229 120 MPX GROUP, THE 5000205 120 INSIGHT BREWING COMPANY LLC 319113 119 HAYEN, LINDA 319287 119 COMCAST 319408 118 SHRED RIGHT 319217 116 UNMAPPED BREWING CO 319324 115 HOSE PROS, INC 319248 115 A TO Z RENTAL 11500(E)115 WEX 5000045 114 COMCAST 319135 114 LEAGUE MN CITIES INS TRUST WC 319323 114 HORIZON COMMERCIAL POOL SUPPLY 319365 113 MINNESOTA EQUIPMENT 319468 113 SHAMROCK GROUP, INC - ACE ICE 319180 113 REBECCA BAER 319155 110 MINNESOTA TROPHIES & GIFTS 5000098 110 MPX GROUP, THE 319482 110 CHC CREATING HEALTHIER COMMUNITIES 319065 110 CARLSTON, BRANDON 319191 109 SMALL LOT MN 5000049 109 CUSTOM HOSE TECH 319475 103 COMCAST 319456 102 CONCRETE CUTTING AND CORING 11538(E)100 WEX 5000044 99 COMCAST 319477 97 COMCAST 319185 93 SCHUETTE STEVE 5000232 91 NEW FRANCE WINE COMPANY 319429 90 USTA NORTHERN 319230 90 WOODEN HILL BREWING COMPANY LLC 319112 90 HARRY SCHOTTENFELD 319463 89 RENEE HEGGELMAN 319418 88 STAPLES ADVANTAGE 11541(E)87 PAYCHEX 11508(E)87 PAYCHEX 319372 87 MOTTL-SAUMWEBER, CALLIE 319146 87 MEREDITH KATE 319158 82 MTI DISTRIBUTING INC 319450 82 ANTANETTE JOHNSON 5000151 80 ARCHETYPE SIGNS 319364 80 MINNESOTA DEPT OF HEALTH 319397 78 REXFORD ZACHARY 319076 76 COMCAST 5000191 76 GLOBAL RESERVE LLC Check Amount Vendor Name Account Description Business Unit Comments 319339 75 KALI O'MALLEY 5000037 75 BROADWAY AWARDS 319311 74 GRAINGER 319209 72 TEDI MASON 319428 70 UPS 319348 69 LINDAHL, DAVID 319132 69 LATOYA BURRELL 319178 67 QUALITY PROPANE 5000148 66 AMERICAN SOLUTIONS FOR BUSINESS 319337 65 JUDY CASTRIOTTA 319089 63 ECM PUBLISHERS INC 319162 62 NELSEN JOHN 319466 60 STREHL SOPHIE 11513(E)60 WEX 5000121 59 SRF CONSULTING GROUP INC 319163 58 NELSON, ROBIN 319361 55 METROPOLITAN FORD 319190 54 SITEONE LANDSCAPE SUPPLY, LLC 319478 51 COMCAST 319390 50 QUIGLEY JONATHAN JR 319094 50 ERIC KALKOF 319099 42 FASTENAL COMPANY 5000143 42 WILSON, TAMMY 5000134 38 VESTIS SERVICES LLC 11528(E)38 WEX 11510(E)35 WEX 319127 35 JENNA SANDER 319479 34 COMCAST 319075 34 COMCAST 319484 33 EDEN PRAIRIE CRIME PREVENTION FUND 319483 33 EDEN PRAIRIE CRIME PREVENTION FUND 319454 32 BOHNSACK, SUE 319242 32 BCA - MNJIS 11526(E)31 WEX 319214 27 TOLL GAS AND WELDING SUPPLY 319362 24 MINNESOTA CLAY CO. USA 319183 23 ROCKEY, JOSH 11539(E)23 WEX 319195 23 SPOK, INC. 11504(E)20 MONEY MOVERS INC 319345 19 LEONARD KELLY 5000094 18 MINNESOTA TROPHIES & GIFTS 5000064 15 GLACIAL RIDGE GROWERS 5000095 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 319079 13 CONCRETE CUTTING AND CORING 5000129 12 UPS 5000060 12 FERRELLGAS 319487 11 EDEN PRAIRIE FOUNDATION 319486 11 EDEN PRAIRIE FOUNDATION 319452 11 ALISSA PICHA 319083 10 CULLIGAN BOTTLED WATER 5000099 9 MRI SOFTWARE LLC 319494 8 NCPERS GROUP LIFE INSURANCE 319493 8 NCPERS GROUP LIFE INSURANCE Check Amount Vendor Name Account Description Business Unit Comments 5000188 5 FIFTH THIRD BANK NA 319060 3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 6,988,961 Report Total City of Eden Prairie Council Check Summary 7/15/2025 Division Description Amount 000 General Total 107,671 304 Senior Board Total 84 100 City Manager Total 7,523 308 E-911 Total 41,696 101 Legislative Total 6,124 314 Special Investigations Total 57 102 Legal Counsel Total 43,845 315 Economic Development Total 17,066 110 City Clerk Total 1,280 376 TIF-Eden Shores Senior Housing Total 55,668 111 Customer Service Total 4,053 445 Cable PEG Total 13,988 112 Human Resources Total 635 502 Park Development Total 73,757 113 Communications Total 34,561 509 CIP Fund Total 128,467 114 Benefits & Training Total 12,315 513 CIP Pavement Management Total 35,117 130 Assessing Total 1,219 526 Transportation Fund Total 15,727 131 Finance Total 1,227 539 2020 Improvement Projects Total 196,983 132 Housing and Community Services Total 303 541 Dell Rd (Crestwood to CSAH 61) Total 75,670 133 Planning Total 285 542 Willow Creek Street/Utilities Total 16,974 136 Public Safety Communications Total 9,692 543 Police Remodel Total 1,482,454 137 Economic Development Total 456 544 Shady Oak (FCD to Valley View) Total 13,525 138 Community Development Admin. Total 227 Total Capital Pojects Fund 2,167,232 150 Park Administration Total 826 151 Park Maintenance Total 75,575 601 Prairie Village Liquor Total 198,502 153 Organized Athletics Total 458 602 Den Road Liquor Total 402,685 154 Community Center Total 34,577 603 Prairie View Liquor Total 219,471 155 Beaches Total 1,226 605 Den Road Building Total 2,070 156 Youth Programs Total 22,255 701 Water Enterprise Fund Total 793,326 157 Special Events Total 14,869 702 Wastewater Enterprise Fund Total 449,483 158 Senior Center Total 4,397 703 Stormwater Enterprise Fund Total 93,556 159 Recreation Administration Total 13,720 Total Enterprise Fund 2,159,093 160 Therapeutic Recreation Total 483 162 Arts Total 5,995 800 SAC 67,095 163 Outdoor Center Total 504 802 494 Commuter Services Total 56,604 164 Park Rental Facilities Total 60 807 Benefits Fund Total 720,549 168 Art Center Total 3,632 809 Investment Fund Total 5,178 180 Police Sworn Total 163,979 811 Property Insurance Total 7,903 184 Fire Total 126,950 812 Fleet Internal Service Total 243,098 186 Inspections Total 537 813 IT Internal Service Total 273,960 200 Engineering Total 36,924 814 Facilities Capital ISF Total 13,615 201 Street Maintenance Total 45,107 815 Facilities Operating ISF Total 37,794 202 Street Lighting Total 161,947 816 Facilities City Center ISF Total 82,813 Total General Fund 945,437 817 Facilities Comm. Center ISF Total 129,374 818 Dental Insurance Total 15,292 301 CDBG Total 214 820 Fencing Consortium Total 44,716 303 Cemetery Operation Total 1,970 Total Internal Svc/Agency Funds 1,697,990 312 Recycle Rebate Total 2,520 322 Local Affordable Housing Aid Total 14,490 Report Total 6,988,961 804 100 Year History Total 14 Total Special Revenue Fund 19,209 City Council Agenda Cover Memo Date: Section: July 15, 2025 Ordinances and Resolutions Item Number: X.A. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION Proposed ordinance amending City Code Section 5.81 relating to the measurement of distances for cannabis retail business buffers. REQUESTED ACTION Move to: •Approve the first reading of an Ordinance amending City Code Chapter 5 by defining the measurement of distances for cannabis retail business buffers. SUMMARY When the City adopted its recent ordinance regarding cannabis businesses, it included a 1000’ buffer from schools and 200’ from other cannabis retail sites for cannabis retail businesses. There were several presentations shared with the Council that outlined metrics, such as, the location of properties that would be impacted by applying a buffer and the number of properties that would remain available, outside of the buffers, for cannabis retail business. All of these maps and property counts were based on measurements from the property line of school properties. The guidance provided by the office of cannabis management (OCM) included that cities should use a measuring system consistent with the rest of its ordinances for any buffers. Eden Prairie utilizes buffers for liquor licenses and sexually oriented businesses (SOB). Buffers for liquor licenses are measured from door to door and SOB buffers are measured from property line to property line. Taking guidance from OCM, when preparing the ordinance for cannabis, staff included language to measure buffers from door to door consistent with liquor licenses, primarily because that measurement is utilized with the most frequency. City staff has become aware of examples of properties that are beyond the 1000 foot buffer when measured from the door of a school to the door of a potential retail business but that share a common property line with a school property. The measurement from door to door, inadvertently added 31 additional buildings eligible for cannabis retail; 6 zoned commercial and 25 zoned industrial, including 2 that share a property line with Central Middle School. This situation seems to be inconsistent with the direction expressed by the Council in its discussion on buffers and schools. As a result, staff has prepared a code amendment that would revise the measurement of buffers to be measured from property line to property line consistent with the information shared with the Council through its discussions on potential use of buffers and consistent with buffer measurement for SOB’s. The City has not received any registration requests for cannabis retail businesses on properties impacted by the proposed change. In the examples below, the orange buffer reflects 1000 feet from the property line, the blue buffer is 1000 feet from the school building. Central Middle School State Statutes were recently amended to allow a local government to issue a retail registration when an applicant has a state license or preliminary license approval. The reason for this change is so that an applicant can potentially “lock in” a retail registration if registrations are limited before incurring the final expenses of getting a full license. City Code currently requires a full state license before the City will issue a retail registration. The City Attorney recommends amending City Code to include this preapproval language to be consistent with state law. ATTACHMENTS Ordinance Tassel Site 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 5.81 RELATING TO CANNABIS RETAIL BUSINESSES; 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 5.81, Subdivision 3, Subsection C, Item 3.a, is hereby amended by adding the phrase “or preliminary license approval” after the word “license”. Section 2. City Code Chapter 5, Section 5.81, Subdivision 5, Subsection A, Item 3, is hereby deleted in its entirety and replaced with the following: 3. Measurement. The measurement of distance in this section will be determined by a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the parcel on which the cannabis retail business is to be located to the nearest point of the property line of the parcel on which the school or existing cannabis retail business is located. Section 3. 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 4. 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 15th day of July, 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. ATTEST: _________________________________ _________________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the ____ day of ______________, 2025.