HomeMy WebLinkAboutCity Council - 08/12/2025Agenda
Eden Prairie City Council Workshop
5:30 p.m. Tuesday, Aug. 12, 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. Eden Prairie Historical Society Update – President Kathie Case
II. Historical Properties Update – Senior Planner Beth Novak-Krebs and Facilities Manager
Rick Clark
Council Chambers
III. Open Podium
IV. Adjournment
Agenda
Eden Prairie City Council Meeting
7 p.m. Tuesday, Aug. 12, 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
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, July 15, 2025
B. City Council Meeting held Tuesday, July 15, 2025
VII. Consent Calendar
A. Clerk’s List
B. Approve second reading of an Ordinance amending City Code section 5.81 relating
to cannabis retail business, adopt Resolution approving summary Ordinance
C. Veridian by Civil Site Group. Approve second reading of an Ordinance for PUD
District Review with Waivers on 0.77 acres, adopt Resolution for Site Plan Review
on 0.77 acres, approve Development Agreement
D. Adopt Resolution authorizing and ratifying the execution of all necessary
CITY COUNCIL MEETING AGENDA
August 12, 2025
Page 2
documents to ensure city participation in all current and future multistate
settlements relating to opioid supply chain participants
E. Approve Pleasant Hill Cemetery and Eden Prairie Cemetery proposed fees and
update fee Resolution
F. Award contract for reconstruction of Holasek Hill Park retaining wall to
Blakeborough Hardscapes
G. Award contract for 2025 Franlo Trail rehabilitation project to BKJ Land CO II DBA
(doing business as) BKJ EXC.
H. Approve standard agreement for contracted services for conversion and
maintenance of native conversion planting areas with Resource Environmental
Solutions, LLC
I. Reject all bids for Water Treatment Plant air compressor upgrade project
J. Approve construction contract for installation of piping network with Minnesota
Mechanical Solutions, Inc.
K. Approve purchase of supervisory control and data acquisition (SCADA) software
from Inductive Automation
L. Approve professional services agreement for installation and programming of the
Water Treatment Plant’s SCADA software with Advanced Engineering and
Environmental Services
M. Authorize purchase of two traffic signal cabinets from Traffic Control Corporation
N. Approve professional services agreement for Plaza Drive street reconstruction
project final design, permitting, and bidding with WSB
O. Award Old Shady Oak storm sewer repair to BKJ Land Co II DBA BKJ Excavating
P. Award Pond 20-24-C sediment removal to American Environmental LLC
Q. Approve purchase of two blazer electric vehicles from North Country GM
R. Approve Eden Prairie Police Department Renovation Project Change Order #2 for
replacement of existing walls not framed to deck with Mulcahy Nickolaus, LLC
S. Award contract for purchase and installation of Eden Prairie Police Department
high-density storage vault shelving to Mid-America Business Systems utilizing
pricing through the Sourcewell cooperative purchasing contract
T. Approve agreement for Eden Prairie Senior Center window replacement with The
Window Guys, LLC
CITY COUNCIL MEETING AGENDA
August 12, 2025
Page 3
U. Authorize execution of a professional services agreement for the Dorenkemper
House addition project preparation of construction documents with MacDonald &
Mack Architects
V. Authorize the City Manager to sign Multiyear Health Plan Agreement with
HealthPartners for employee medical insurance
W. Approve Verizon license agreement amendment
X. Approve petition and special assessment agreement for Meadowcroft Private
Culvert
VIII. Public Hearings and Meetings
A. Aspen Estates by Bill Welch. Approve first reading of an Ordinance for a Zoning
District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on
0.199 acres, adopt Resolution for Preliminary Plat, adopt Resolution for Findings of
Fact in Support of Park Dedication Fees
IX. Payment of Claims
X. Ordinances and Resolutions
A. Approve first reading of an Ordinance amending City Code Section 2.05 relating to
salaries of the Mayor and Council Members
XI. Petitions, Requests, and Communications
XII. Appointments
XIII. Reports
A. Reports of Council Members
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
CITY COUNCIL MEETING AGENDA
August 12, 2025
Page 4
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
Unapproved Minutes
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
Guest Speakers: Finance Manager Tammy Wilson
MEETING AGENDA
Heritage Rooms
I. 2026 – 2027 Budget
Case explained the City’s two year budget cycle. The budget represents the City’s values and
priorities. Getschow noted the preliminary levy is set in September. After the preliminary levy is
set it can only be lowered, not increased. The long-standing practice is to adopt the preliminary
levy as the final levy in December. Getschow described inputs influencing the budget including
the Citywide Work Plan, Council goal session, Quality of Life survey, and financial audit results.
Goals for the 2026 and 2027 budget include providing value to citizens, maintaining the current
strong financial position and bond rating, and sustaining current levels of employee morale and
engagement. Nelson stated the City has many long-tenured exemplary employees. The Council is
appreciative of the staff development City leadership provides. Getschow shared a video
highlighting 2024 Quality of Life survey results.
Getschow explained Citywide budget highlights including investment in and promotion of historic
properties, enhanced community events and increased community engagement, race equity
efforts, and investment in technology and facility maintenance. In Public Works, all street
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July 15, 2025
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maintenance costs have been removed from the General Fund as they are now funded by
franchise fees. Administration has budgeted for 2026 elections. Narayanan asked if election costs
are reimbursed. Getschow confirmed some primary election costs are reimbursed by the State,
however the City bears the majority. Police is budgeting to maintain staffing and enhance
recruitment and training, in addition to the remodel project. Fire has budgeted for the new full
time staffing model.
Gerber explained the Eden Prairie Fire Department (EPFD) standards of cover staffing study was
presented to Council at the July 2024 workshop. The study outlined many positives of the EPFD
and made recommendations to bridge service gaps. One recommendation is staffing all four fire
stations 24 hours a day, seven days per week. The EPFD has continued adding full time staff to
meet this benchmark. Gerber thanked the Council for approving the necessary funding for
additional full time staff, and the Finance and HR teams for their partnership in implementing
staffing. Gerber detailed the internal promotions and explained the new 24 hour shift model. The
EPFD is moving to a four platoon model which will lead to better work life balance, consistency,
and operational effectiveness. A full time EPFD member will work 740 hours less per year
compared to a three platoon model.
Toomey asked Gerber to elaborate on the four platoon model. Gerber confirmed full time
employees will work one 24 hour shift, then have the following three days off. Eventually, the
inspections division will be transitioned out of call response. The EPFD has applied for a Staffing
Adequate Fire and Emergency Services (SAFER) grant for $3.8 million. If awarded, the EPFD will
hire eight full time fire fighters. The grant would pay a portion of their salary for three years.
Gerber thanked the Council for their support of purchasing a new fleet of fire apparatus in 2022.
Five of the trucks have arrived and are expected to be in service by autumn.
Narayanan asked if the City could implement a sales tax and use the proceeds to pay the new fire
fighters salary. Getschow clarified sales tax proceeds can only fund capital regional assets, not
general operations. Case asked if the sale of the old fire truck and the purchase of the new fire
truck occur in the same year. Gerber confirmed the City pays for the truck upon delivery. Toomey
asked how many additional full time firefighters will be hired. Gerber answered 32 additional full
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July 15, 2025
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time firefighters. Getschow added the hiring would occur over six to nine years.
Getschow stated the City will not levy the $400 thousand Capital Improvement Plan dollars next
year due to previous conservative budgeting. Workers Compensation Insurance premiums have
reduced. Utilities costs are expected to decrease due to sustainability initiatives. Health
insurance, a large cost driver, is expected to increase 22 percent in 2026 and 16 percent in 2027.
Getschow lauded Rose for negotiating those increases as the original proposals were much
higher. Wages are expected to increase approximately six percent in 2026 due to additional fire
full time employees and increases in base, merit, and step increases. Narayanan asked if City
wage increases are comparable to surrounding cities, and noted his interest in learning why or
why not. Getschow stated he expects they’re comparable and noted he’ll have a better idea once
other Cities set levies in September. Nelson commented on the excellence of staff work and the
importance of wages matching their worth. Narayanan noted his agreement.
Getschow stated Charges for Services is the second largest source of general fund revenue behind
property taxes. Charges for Services is growing quickly due to Community Center growth after the
COVID pandemic. Licenses and permits is the third largest source of general fund revenue.
Conservative budgeting allows the City to transfer $2 to 3 million from the General Fund to the
Capital Improvement Fund annually. Cable TV revenue has decreased since the peak in 2018.
Narayanan asked the reason for the decrease. Getschow answered individuals are transitioning to
streaming services. Intergovernmental revenue includes school liaison officer revenue and Police
and Fire pension aid. The revenue budget is increasing 7.6 percent between 2025 and 2026.
Getschow next explained the General Fund expenditure budget. Community Development is
remaining flat due to an open position that is not currently being filled. The Police budget is
increasing 11 percent due to a large facilities Internal Service Fund charge from the additional
square footage once the police remodel is complete. Excluding public safety, the City budget is
increasing by 2.1 percent. Getschow described the indirect relationship between the budget and
the Consumer Price Index (CPI).
Getschow displayed the proposed levy and budget for 2026 and 2027. The preliminary General
Fund levy is increasing 5.6 percent, there is no 2026 Capital Improvement Fund levy, and the
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July 15, 2025
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Police remodel debt levy is $493 thousand, a one-time 20 percent increase. The preliminary 2026
levy increase is 5.5 percent. Fiscal disparities is currently unknown. If it remains the same as 2024,
the total levy increase will be 5.8 percent. Case pointed out the synchronicity of the Community
Center pool debt pay off with the issuance of the Police Department Remodel debt. Getschow
added this year’s budget and levy proposal is almost identical to last year.
Getschow noted the market value of City real estate of growing. The tax capacity has decreased
slightly due to lowering commercial property values. Throughout the Twin Cities, falling
commercial property values are resulting in residential properties bearing more tax burden.
While commercial values are down approximately six percent in Eden Prairie, commercial values
in Minneapolis are down approximately 20 percent. Narayanan asked if this means a household
will pay more in taxes compared to last year. Getschow confirmed this is correct.
Getschow explained home values have increased significantly in the last decade. Home values
have increased five percent annually over the past ten years, greater than the City’s annual
average tax levy increase of 4.3 percent. If there were a major recession necessitating a zero
percent levy increase the City could rely on fund balance, eliminate special contracts, freeze
wages, and reduce conferences and training. With a zero percent levy increase, the City tax on a
median valued home would still increase $70 due to falling commercial values. The 2025 tax levy
increase was second lowest of 13 comparable Hennepin County cities. The City expects a similar
result in 2026.
Narayanan asked for clarification on how much a $400 thousand house pays in City tax compared
to surrounding cities. Getschow confirmed a $400 thousand house in Eden Prairie pays the fourth
lowest City tax compared to 18 similar Hennepin County cities. Narayanan asked if a City sales tax
would decrease property taxes. Case discussed the indirect relationship between sales tax and
property tax. Bloomington has both a City sales tax and a higher property tax rate than Eden
Prairie. Nelson pointed out the City’s tax rate has been in the bottom quarter of comparable cities
for the past 20 years, but maintains a high service level.
Case explained the Mayor and Council salaries are tied to the CPI index and increase after
election years. Several surrounding cities are also tied to the CPI index, but have recently passed
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July 15, 2025
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salary increases. The intent is not to make Eden Prairie Council the highest paid compared to
surrounding cities, but to protect the integrity of the position. The current Council Members
won’t be in office forever due to age. Case proposed a one-time one thousand dollar increase to
Council Member pay and two thousand dollar increase to Mayor pay. Narayanan asked the last
time salaries were increased outside of the CPI index. Getschow estimated it was likely around
ten years ago. Case asked for the Council Members’ thoughts. Toomey, Freiberg, and Narayanan
noted their agreement. Nelson noted she is neutral on Council Member salary increasing but
agreed with the Mayor salary increasing.
Council Chambers
II. Open Podium
III. Adjournment
Unapproved Minutes
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
Mayor Case called the meeting to order at 7 p.m. All Council Members were present.
II. Pledge of Allegiance
III. Open Podium Invitation
IV. Proclamations and Presentations
A. American Red Cross lifeguard training award
Markle explained the award recognizes the City of Eden Prairie for being a top
aquatics safety training provider in the United States for the third year in a row.
Recreation Supervisor Nick Remmes provided more details on the City’s
partnership with the American Red Cross.
B. PeopleFest! Week Proclamation
Case read in full a proclamation declaring July 26 through August 3, 2025, as
PeopleFest Week. Case thanked Staff for their work to support Eden Prairie and its
various events.
V. Approval of Agenda and Other Items of Business
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published.
CITY COUNCIL MEETING AGENDA
July 15, 2025
Page 2
Motion carried 5-0.
VI. Minutes
MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the
Council workshop held Tuesday, June 17, 2025, and the City Council meeting held
Tuesday, June 17, 2025, as published. Motion carried 5-0.
VII. Consent Calendar
A. Clerk’s List
B. Approve second reading of Ordinance 12-2025 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 2025-062 requesting regional equipment garage funding from
State of Minnesota in 2026 bonding bill
D. Adopt Resolution 2025-063 approving Tax Increment Financing special legislation
E. Adopt Resolution 2025-064 supporting grant application for housing analysis
related to Comprehensive Plan update
F. Adopt Resolution 2025-065 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
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July 15, 2025
Page 3
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
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
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-T on the
Consent Calendar. Motion carried 5-0.
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 2025-
066 for Planned Unit Development concept review on 0.77 acres
Getschow explained 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.
Getschow pointed out 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
CITY COUNCIL MEETING AGENDA
July 15, 2025
Page 4
between the building and Flying Cloud Drive. There are two drive-thru teller
windows and an ATM.
David Knaeble, Civil Site Group, and Nathan Zywicki, Redmond Company,
introduced themselves as representatives of Veridian Credit Union.
Mr. Zywicki explained the history of the Credit Union. They hope to maintain
their current location while adding the Eden Prairie location. Mr. Zywicki noted
the hours of operation and traffic impacts.
Mr. Knaeble showed the site plan and landscape plan and highlighted various
details. Mr. Zywicki noted highlights of the proposed project, including design
components, and showed renderings of the project.
Case asked if the proposed plan will reuse any of the water-capturing machinery
leftover from the carwash. Mr. Knaeble confirmed the previous equipment will
be removed.
Nelson asked if the renderings reflect the proposed landscaping. Klima stated
the landscaping plans include purple hydrangeas, coneflowers, and other
flowering plants.
Naryanan asked how large the monument sign will be. Mr. Zywicki stated it will
be around 15 feet tall.
Klima explained the site plans depict the location of the sign, but the size of the
signs require a separate approval, which will ensure City regulations are
followed. Getschow pointed out the site plan and renderings reflect a ten-foot-
tall monument sign.
No one wished to address the Council for the public hearing.
MOTION: Freiberg moved, seconded by Nelson, to close the public hearing,
adopt Resolution 2025-066 for a PUD Concept Review on 0.77 acres, approve the
first 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, and authorize the
issuance of an early Land Alteration Permit for Veridian Credit Union at the
request of the developer subject to the conditions outlines in the permit.
Motion carried 5-0.
B. Adopt Resolution 2025-067 granting Conditional Use Permit for Dorenkemper
House
Getschow explained 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. A City resident
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July 15, 2025
Page 5
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.
Getschow stated that 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.
Getschow added 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 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.
Case pointed out that Eden Prairie owns a number of historic buildings. The City
aims to obtain funds by renting out the buildings to offset the ongoing
maintenance.
No one wished to address the Council for the public hearing.
MOTION: Nelson moved, seconded by Narayanan, to close the public hearing
and adopt Resolution 2025-067 approving Conditional Use Permit. Motion
carried 5-0.
IX. Payment of Claims
MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims
as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Nelson, Toomey, and Case voting “aye.”
X. Ordinances and Resolutions
A. Approve first reading of an ordinance amending Section 5.81 relating to cannabis
retail businesses
Klima explained when the City adopted its recent ordinance regarding cannabis
businesses, it included a 1000-foot buffer from schools and 200 feet 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
businesses. All of these maps and property counts were based on
measurements from the property line of school properties.
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July 15, 2025
Page 6
Klima noted the guidance provided by the Office of Cannabis Management
(OCM) included that cities should use a measuring system consistent with the
rest of their 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.
Klima pointed out the 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; six zoned commercial
and 25 zoned industrial, including two that share a property line with Central
Middle School.
Klima stated the 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 SOBs. The City has not received any
registration requests for cannabis retail businesses on properties impacted by
the proposed change.
Case asked if Neuville has seen other cities implementing a similar approach.
Neuville noted the registration scheme is comparable, though some cities are
treating the use as a CUP.
MOTION: Narayanan moved, seconded by Nelson, to approve the first reading of
an Ordinance amending City Code Chapter 5 by defining the measurement of
distances for cannabis retail business buffers. Motion carried 5-0.
XI. Petitions, Requests, and Communications
XII. Appointments
XIII. Reports
A. Reports of Council Members
B. Report of City Manager
CITY COUNCIL MEETING AGENDA
July 15, 2025
Page 7
1. Recent Sustainability Recognitions
Getschow pointed out Eden Prairie was recognized by Minnesota
GreenStep Cities for attaining the program’s highest level of recognition.
Eden Prairie also received the Best of Buildings, Benchmarks, and Beyond
by the State of Minnesota. Additionally, Eden Prairie is one of the first
cities in Minnesota to obtain a solar panel grant for City buildings.
C. Report of Community Development Director
D. Report of Parks and Recreation Director
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 7:43 p.m.
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.A.
Department: Police/Support Unit
ITEM DESCRIPTION
Clerk’s License Application List
REQUESTED ACTION
Approve the licenses listed below
SUMMARY
Gambling/Bingo
Organization: Immanuel Lutheran Church
Place: Immanuel Lutheran Church
16515 Luther Way
Date: September 13, 2025
Gambling/Bingo
Organization: Eden Prairie Chamber of Commerce
Place: Fat Pants Brewing Company
8335 Crystal View Road
Date: September 25, 2025
Gambling/Raffle
Organization: Foundation for EP Schools
Place: 11840 Valley View Road
Date: October 4, 2025
Temporary On-Sale Liquor
Organization: Eden Prairie Community Foundation
Event: Prairie Brewfest
Date: September 6, 2025
Place: Purgatory Creek Park
13001 Technology Drive
(Rain location: SW Station Parking Ramp, 13500 Technology Drive)
Temporary On-Sale Liquor
Organization: Foundation for EP Schools
Event: Eagle Excellence Showcase
Date: October 4, 2025
Place: 11840 Valley View Road
Temporary On-Sale Wine
Organization: Eden Prairie Lions Club
Event: Pax Christi Homecoming Celebration
Date: September 14, 2025
Place: Pax Christi Catholic Church
12100 Pioneer Trail
Temporary On-Sale Wine
Organization: City of Eden Prairie
Event: Wine & Beer Tasting
Date: September 18, 2025
Place: EP City Center Heritage Rooms
8080 Mitchell Road
Temporary On-Sale Wine
Organization: City of Eden Prairie
Event: Wine & Beer Tasting
Date: October 16, 2025
Place: EP City Center Heritage Rooms
8080 Mitchell Road
Temporary On-Sale Wine
Organization: Eden Prairie Lions Club
Event: Immanuel Lutheran Game Night
Date: November 1, 2025
Place: Immanuel Lutheran Church
16515 Luther Way
Temporary On-Sale Wine
Organization: City of Eden Prairie
Event: Wine & Beer Tasting
Date: December 12, 2025
Place: EP City Center Heritage Rooms
8080 Mitchell Road
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.B.
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 and the review process for licenses.
REQUESTED ACTION
Move to:
• Approve the second reading of an Ordinance amending City Code Chapter 5 by defining
the measurement of distances for cannabis retail business buffers and allow for the
issuance of a cannabis retail registration upon preliminary license approval from the
state; and
• Adopt Resolution approving summary ordinance.
SUMMARY
This is the second reading of an ordinance adjusting regulations for cannabis retail businesses.
This amendment clarifies how the 1000 foot buffer from schools and 200 foot buffer from other
cannabis retail businesses is measured. These changes are consistent with earlier Council
discussion.
The ordinance also adjusts the review process for licenses to be consistent with state statute.
ATTACHMENTS
Ordinance
Resolution approving summary ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.81 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.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___2025 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2025 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 12th day of August, 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. __-2025 is lengthy.
B. The text of summary of Ordinance No. __-2025, 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 __-2025 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 _______________, 2025.
_______________________
Ronald A. Case, Mayor ATTEST:
__________________________ David Teigland, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-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: Summary: This ordinance amends Chapter 5, Section 5.81 relating to the measurement of distance
between schools and cannabis retail business, and between cannabis retail business and other cannabis retail business. The amendment also allows the issuance of a cannabis retail registration upon preliminary license approval from the state. 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 Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.C.
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 2,889 sq ft credit union will include a drive-thru on the north side of the building.
The property is located in a commercial area.
REQUESTED ACTION
Move to:
• Approve the 2nd reading of an Ordinance for a PUD District Review with waivers on 0.77
acres
• Adopt a Resolution for a Site Plan Review on 0.77 acres
• Approve the Development Agreement for Veridian Credit Union
SUMMARY
This is the final approval of the Veridian
Credit Union project. The 120-day review
period expires on September 6, 2025.
The has been a minor modification to
the Site Plan since the first reading. The
trash enclosure has been relocated to
address a utility issue. It is located along
the north property line toward the back
of the property (figure to the right).
ATTACHMENTS
Ordinance for PUD with Waivers
Ordinance Summary
Resolution for Site Plan
Development Agreement
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 August 12, 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 12th day of August, 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 GRANTING SITE PLAN APPROVAL
FOR VERIDIAN CREDIT UNION BY DAVID KNAEBLE WHEREAS, David Knaeble, has applied for Site Plan approval of Veridian Credit Union to construct a credit union at 8280 Flying Cloud Drive; WHEREAS, zoning approval for the construction of a credit union was granted by an Ordinance approved by the City Council on August 12, 2025; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 23, 2025 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
July 15, 2025 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to Veridian Credit Union, subject to the Development
Agreement between Veridian Credit Union and the City of Eden Prairie, reviewed and approved by the City Council on August 12, 2025.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of August, 2025.
____________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1, THE PRESERVE COMMERCIAL PARK NORTH 4TH ADDITION, Hennepin County, Minnesota.
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.D.
Department: Rick Getschow, City Manager, Administration
ITEM DESCRIPTION
Opt-in to opioid litigation settlements with Manufacturer Purdue and Manufacturers Alvogen,
Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus, and all future multistate settlement
agreements with opioid supply chain participants.
REQUESTED ACTION
Adopt resolution authorizing and ratifying the execution of all necessary documents to ensure
city participation in all current and future multistate settlements relating to opioid supply chain
participants
SUMMARY
On January 4, 2022, Council approved a resolution to approve and participate in a
Memorandum of Understanding (MOA) between the State of Minnesota and local governments
in Minnesota regarding national settlements with opioid supply chain participants, and to opt-
in to settlements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen
and manufacturer Johnson & Johnson. On April 4, 2023, Council approved a resolution to
support and opt-in to the national opioid settlements with manufacturers Teva and Allergan
and retail pharmacies CVS, Walgreens, and Walmart. Since then, new national opioid
settlements have been reached with Manufacturer Purdue and Manufacturers Alvogen,
Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus.
To participate in any new settlement, the City of Eden Prairie (as well as other cities and
counties across the country) must electronically opt-in to the settlements and execute the
amended MOA. The City Manager has already electronically opted-in to the five settlements
and executed the amended MOA. To avoid the need for additional Council action for future
settlements, the proposed resolution approves participation in not only the most recent
settlements with Manufacturer Purdue and Manufacturers Alvogen, Amneal, Apotex, Hikma,
Indivior, Mylan, Sun, and Zydus, but also provides for approval and participation in any future
multistate settlements.
If Eden Prairie participates, then it may use the opioid settlement funds on a number of pre-
approved uses detailed in the MOA, including: opioid prevention, treatment of use, support of
people in treatment and recovery, connections to care, address the needs of criminal justice for
involved persons, address the needs of the perinatals, caregivers and families with babies with
neonatal opioid withdrawal syndrome. While the MOA sets forth a list of settlement fund uses,
they are not exclusive, and the City has flexibility to modify its preferred abatement approach
as needed.
ATTACHMENTS
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-___ RESOLUTION AUTHORIZING AND RATIFYING THE EXECUTION OF ALL NECESSARY DOCUMENTS TO ENSURE CITY PARTICIPATION IN ALL CURRENT
AND FUTURE MULTISTATE SETTLEMENTS RELATING TO OPIOID SUPPLY CHAIN PARTICIPANTS WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people, have been harmed by misconduct committed by certain entities that engage in the manufacture,
marketing, promotion, distribution, or dispensing of opioids; and
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined with thousands of local governments across the country to file lawsuits against opioid manufacturer and pharmaceutical distribution companies and hold those companies accountable
for their misconduct; and
WHEREAS, by adoption of Resolution No. 2022-13, the Council approved execution of and City participation in the Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA) that provides for the equitable distribution of proceeds to the State of Minnesota and to
individual local governments from settlements in the national opioid litigation; and
WHEREAS, by signing onto the MOA, the state and local governments maximize Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid epidemic, and ensure needed resources reach the most impacted communities; and
WHEREAS, the Council has previously approved City participation in the following national opioid settlements: Distributors McKesson, Cardinal Health, and Amerisource Bergen; Manufacturer Johnson & Johnson; Manufacturer Teva Pharmaceuticals and Allergan; and Retail Pharmacy Chain Walmart, CVS and Walgreens;
WHEREAS, additional settlements have recently been reached with Manufacturer Purdue and Manufacturers Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus; WHEREAS, it is in the best interests of the State of Minnesota and the residents of the
City of Eden Prairie, and the County of Hennepin, that the City participate in all current and future
national opioid litigation settlements. BE IT REOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
1. Participation in the opioid litigation settlements promotes the public health, safety,
and welfare of the residents of the City of Eden Prairie. 2. The City of Eden Prairie supports and opts-in to the national opioid litigation settlements with Manufacturer Purdue and Manufacturers Alvogen, Amneal,
Apotex, Hikma, Indivior, Mylan, Sun, and Zydus, and all future multistate
settlement agreements with opioid supply chain participants, and ratifies the execution of the same by the City Manager.
3. The City Manager is authorized to execute all necessary documents to ensure City of Eden Prairie participation in all current and future multistate settlement agreements, including Participation Agreement(s) and accompanying Release(s),
and the MOA, unless and until such authority is revoked.
ADOPTED by the City Council of the City of Eden Prairie this ____ day of
_______________, 2025.
____________________________ Ronald A. Case, Mayor ATTEST:
____________________________ David Teigland, City Clerk
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.E.
Department: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION
Amend the Fee Resolution for Pleasant Hill and Eden Prairie Cemeteries to add administration
fees to certain fees that are currently charged.
REQUESTED ACTION
Approve the Proposed Fees and update the Fee Resolution for Pleasant Hill Cemetery and Eden
Prairie Cemetery.
SUMMARY
Staff has recently posted a new Cemetery Coordinator position to manage Pleasant Hill and
Eden Prairie Cemeteries. This is a part-time position that will coordinate grave sales, interments
and marker placement. This position will be funded fully from the two cemetery funds and staff
is proposing to add administration fees to some of the charges currently in place to help fund
the position. Currently our fees for interments only account for what our contractor is charging,
even though there is staff time that is needed to coordinate those interments. These fees
would now be more in line with what the actual costs are to complete these services, while still
keeping them similar to other area cemeteries.
ATTACHMENTS
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION AMENDING RESOLUTION NO. 2024-096, REGULATING FEES AND
CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie Amends Fee Resolution No. 2024-096 to add fees and charges for Cemetery Administration as follows:
Ground Thawing: November 1 - April 1
Casket burial $250.00 Cremation burial $125.00 Internment
Casket burial(weekday) $750.00
Casket burial(weekend) $850.00 Cremation burial $550.00 Lot Staking
Staking Fee $50.00
ADOPTED by the City Council of Eden Prairie this 12th day of August, 2025
____________________________ Ronald A. Case, Mayor ATTEST:
____________________________ David Teigland, City Clerk
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.F.
Department: Parks and Recreation – Tyler Menden
ITEM DESCRIPTION
Award contract for the reconstruction of a retaining wall at Holasek Hill Park to Blakeborough
Hardscapes.
REQUESTED ACTION
Move to: Award the contract for the reconstruction of the retaining wall at Holasek Hill Park to
Blakeborough Hardscapes in the amount of $52,980.00
SUMMARY
Holasek Hill Parks retaining wall is in a failing state and needs reconstruction. Over the last
several years the face of the retaining wall has de-graded and is crumbling off. There are
several washouts along the failing wall, some of these will wash into the adjacent street.
Funding for this project comes from Capital Maintenance and Investment.
Bid Summary:
Blakeborough Hardscapes $52,980.00
Sunram Construction Inc. $69,100.00
ATTACHMENTS
Standard Construction Contract
(rev. 6/2024)
Construction Contract
This Contract (“Contract”) is made on the 12th day of August 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blakeborough Hardscapes, a Minnesota business (hereinafter "Contractor") whose business address is 19460 Bernard Ave, 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 Holasek Hill Park Retaining Wall Reconstruction hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to
or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in
effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be
completed by October 31st.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $52,980.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract (rev. 6/2024) Page 2 of 15
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 15
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.
Standard Construction Contract (rev. 6/2024) Page 4 of 15
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract (rev. 6/2024) Page 5 of 15
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
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
Standard Construction Contract (rev. 6/2024) Page 6 of 15
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes §
16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
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
Standard Construction Contract (rev. 6/2024) Page 7 of 15
deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
Standard Construction Contract (rev. 6/2024) Page 8 of 15
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate
Standard Construction Contract (rev. 6/2024) Page 9 of 15
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
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
Standard Construction Contract (rev. 6/2024) Page 10 of 15
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.
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
Standard Construction Contract (rev. 6/2024) Page 11 of 15
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is 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.
Standard Construction Contract (rev. 6/2024) Page 12 of 15
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 13 of 15
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract (rev. 6/2024) Page 14 of 15
EXHIBIT A Proposal/Scope of Work
Standard Construction Contract (rev. 6/2024) Page 15 of 15
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.G.
Department: Parks and Recreation – Tyler Menden
ITEM DESCRIPTION
Award contract for the 2025 Franlo Trail Rehabilitation Project to BKJ Land CO II DBA BKJ EXC.
REQUESTED ACTION
Move to: Award the contract for the 2025 Frano Trail Rehabilitation Project to BKJ Land CO II
DBA BKJ EXC.
SUMMARY
The Franlo Rd. trail rehab starts on Pioneer Trail and ends on Tuscany Way. This is an existing
trail that is in poor condition. The trail will be removed, and new trail will replace it. There will
also be reconstruction of Pedestrian ramps along with other sidewalk repairs. This project is
funded through Capital Maintenance and Reinvestment.
Sealed bids were received on July 17th, 2025, for the 2025 Franlo Trail and Rehabilitation
Project. Six bids were received as shown below. The low bid in the amount of $242,885.90 and
was submitted by BKJ Land CO II DBA BKJ EXC. Staff has reviewed the bids and recommend
awarding the contract for this project to BKJ Land CO II DBA BKJ EXC. in the amount of
$242,885.90.
Bid Summary:
BKJ Land Co II $242,885.90
Asphalt Surface Technologies Corp. $264,719.61
Bituminous Roadways Inc. $266,797.10
Asphalt Specialties Company $271,354.90
New Look Contracting, Inc. $314,833.75
Urban Companies $378,056.50
ATTACHMENTS
Construction Contract Agreement
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.H.
Department: Parks, Recreation, and Natural Resources – Karli Wittner
ITEM DESCRIPTION
As part of the Sustainable Eden Prairie initiative, City staff has continued to identify areas of
City property that are being maintained as mowed turf that could be converted to native prairie
planting areas. These areas primarily serve little purpose as mowed turf or are in locations that
can easily be used as educations plots for native plantings. The sites included in this project are
either current or previous turf areas that will be converted to pollinator friendly habitat. Project
sites include Staring Lake Park, Pheasant Woods Park, Hidden Ponds Trail, Birch Island Park, and
Miller Park. Resource Environmental Solultions provided labor and material costs at $42,727.00.
REQUESTED ACTION
Approve Standard Agreement for Contracted Services with Resource Environmental
Solultions, LLC. in the amount not to exceed $42,727.00 for the conversion and
maintenance of the native conversion planting areas.
SUMMARY
The City sent out a Request for Proposals to five contractors and received quotes from three for
three years to convert 7 turf areas to native planting sites and perform maintenance on a total
of 12 sites. Of the three quotes received, Resource Environmental Solultions, LLC (RES) was the
lowest.
Bid Summary
Natural Resource Service $92,924.00
Resource Environmental Solutions (RES) $42,727.00
Natural Resource Preservation $46,676.21
ATTACHMENTS
Standard Agreement for Contracted Services with Resource Environmental Solultions, LLC.
Page 1 of 20
City of Eden Prairie
Conversions & Maintenance to
Pollinator Prairie
Proposal Submission:
Bids shall be submitted electronically to kwittner@edenprairie.org
before August 5, by 12 pm to be considered.
Project Manager:
Karli Wittner, Forestry & Natural Resources Supervisor
Ph: 952-949-8463
kwittner@edenprairie.org
15150 Technology Drive
Eden Prairie, MN 55344
Page 2 of 20
City of Eden Prairie Requirements for Contract Services
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written
agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision
of services by Contractor for the above ‘City of Eden Prairie Request for Proposals Conversions & Maintenance to
Pollinator Prairie’ hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in
accordance with attached Exhibit A & Exhibit B. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in
full and, accordingly, are deleted and shall not be in effect in any manner.
2.Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and
Contractor sign the contract. The Agreement shall continue for one (1) year with the option of renewal from
year to year except that this Agreement may be terminated at the end of any one (1) year period with sixty
(60) days prior written notice from either party.
3.Obligations of Contractor. Contractor shall conform to the following obligations:
a.Contractor shall provide the materials and services as set forth in Exhibit A & Exhibit B.
b.Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them
as a service contractor, and abide by City’s no smoking policies.
c.Contractor must honor the City’s request to reassign an employee for cause. Cause may include
performance below acceptable standards or failure to present the necessary image or attitude, in the
judgment of the owner, to present a first class operation.
4.City’s Obligations. City will do or provide to Contractor the following:
a.Provide access to City properties as appropriate.
5.Compensation for Services. City agrees to pay the Contractor as listed on ‘‘City of Eden Prairie Request for
Proposals Conversions & Maintenance to Pollinator Prairie" as full and complete payment for the labor,
materials and services rendered pursuant to this Agreement and as described in Exhibit A & Exhibit B.
a.Any changes in the scope of the work which may result in an increase to the compensation due to the
Contractor shall require prior written approval by an authorized representative of the City or by the
City Council. The City will not pay additional compensation for services that do not have prior
written authorization.
b.If Contractor is delayed in performance due to any cause beyond its reasonable control, including
but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or
actions or inactions of City, the time for performance shall be extended by a period of time lost by
reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
6.Method of Payment.
a.Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work
performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims
made to the City.
b.Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed
and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
Page 3 of 20
c.No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7.Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity
of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff
members as necessary to facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City.
8.Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of
its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin
County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without
limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care.
Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time
of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
9.Insurance.
a.General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such
insurance as will protect against claims or loss which may arise out of operations by Contractor or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them
may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of
liability specified in this Paragraph, or required by law.
b.Contractor shall procure and maintain the following minimum insurance coverages and limits of liability
for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall include
coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c.Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01
12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises,
operations, independent contractors, products-completed operations, personal and advertising injury,
Page 4 of 20
and liability assumed under an insured contract (including the tort liability of another assumed in a
business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by
subcontractors.
d.Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage
from any state fund if Employer’s liability coverage is not available.
e.All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an
additional insured.
f.All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability
Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed
operations.
g.All polices shall contain a waiver of subrogation in favor of the City.
h.All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver
of subrogation in favor of the City.
i.All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity
obligations assumed by Contractor under this Agreement.
j.Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and
for a minimum of two (2) years following City’s written acceptance of the Work.
k.It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required
herein.
l.All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be
cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to
the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not
be terminated or non-renewed without ten (10) days’ prior notice to the City.
m.Contractor shall maintain in effect all insurance coverages required under this Paragraph at
Contractor’s sole expense and with insurance companies licensed to do business in the state in
Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by Cityin writing.
n.A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this
Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of
the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be
provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will
not be obligated, however, to review such Certificate of Insurance, declaration page, Rider,
Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies
in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of,
City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o.Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance,
then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and
employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses
of litigation) to the extent necessary to afford the same protection as would have been provided by the
specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of the extent to
which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by
the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including
breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that
if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered
limited only to the extent necessary to comply with that applicable law. The stated indemnity continues
until all applicable statutes of limitation have run.
Page 5 of 20
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 ordamages arising out of the negligent acts of the City, its officers, agents or employees.
11.Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all
materials furnished shall be in accord with the Agreement and shall be free from defects in materials,
workmanship, and operation which appear within a period of one year, or within such longer period as may be
prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The
City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified
period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written
notice and without expense to the City, to repair, replace and in general to perform all necessary corrective
Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE
FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE
DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner
and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way
disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or
nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors
destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such
damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12.Termination.
a.This Agreement may be terminated at any time by either party for breach or non-performance of any
provision of this Agreement in accordance with the following. The party (“notifying party”) who desires
to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall
give the notified party notice in writing of the notifying party’s desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. The notified party
shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon
failure of the notified party to do so, this Agreement shall automatically terminate.
b.Upon the termination of this Agreement, whether by expiration of the original or any extended term
or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after
such termination to remove from City’s premises any and all of Contractor’s equipment and other
property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior
Page 6 of 20
to such termination, the rights and obligations of each party resulting from this Agreement shall cease
upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c.In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment
for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or
insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor,
City may, at its option in addition to any other remedy to which City may be entitled, immediately
terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on
the notice becoming effective.
13.Independent Contractor. Contractor is an independent contractor engaged by City to perform the services
described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the
performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of
Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City.
14.Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless
the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures
of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing
with the American Arbitration Association and the other party. No arbitration or legal or equitable action may
be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time
is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties.
The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15.Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written
consent of the other party.
16.Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by
statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any
violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall
constitute a material breach of this Agreement and entitle the City to immediately terminate this
Agreement.
17.Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have
a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the
Agreement void.
18.Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered
an original.
19.Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover
punitive, special or consequential damages or damages for loss of business.
20.Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to
hire any employee or former employee of Contractor prior to termination of this Agreement and for one
(1) year thereafter, without prior written consent of the former employer in each case.
Page 7 of 20
21.Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without
limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during
the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22.Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the
City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in
conformance with the City's public purpose mission. The entire agreement of the parties is contained
herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions
of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
23.Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24.Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate
against any employee or applicants for employment because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The
Contractor shall post in places available to employees and applicants for employment, notices setting forth
the provision of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work
to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to
comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of
the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25.Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with
this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if
mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage
prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly
addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the
date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence to run one
business day after any such mailing or deposit. A party may change its address for the service of notice by
giving written notice of such change to the other party, in any manner above specified, 10 days prior to the
effective date of such change.
26.Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
27.Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for
herein shall be honored by the City.
28.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held
by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining
provisions of this Agreement.
29.Statutory Provisions.
a.Audit Disclosure. The books, records, documents and accounting procedures and practices of the
Contractor or other parties relevant to this Agreement are subject to examination by the City and either
the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this
Agreement.
Page 8 of 20
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 Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the
functions of the City during performance of this Agreement is subject to the requirements of the Data
Practice Act and Contractor shall comply with those requirements as if it were a government entity. All
subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices
Act compliance language.
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 both the City and Contractor signed this document.
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________ Operations Manager
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20276 Delaware Avenue Jordan, MN 55352
Corporate Headquarters
6575 West Loop South, Suite 300
Bellaire, TX 77401
Main: 713.520.5400
RES, LLC.
Page 1
8/5/2025
Project Information
Quote
Eden Prairie Turf Conversions
PRJ113139
August 5, 2025
Karli Wittner, Forestry and Natural Resources Supervisor
City of Eden Prairie
15150 Technology Road
Eden Prairie, MN 55344
Dear Karli,
Thank you for the opportunity to provide a quote for converting several park turf areas to native pollinator
prairies. Below are costs to complete the work, along with a brief description and schedule of work activities.
These costs do not include prevailing wage rates.
The turf conversion will include site prep using herbicide and tilling, with the goal of killing existing vegetation and
exhausting weed seeds in the soil. Prep herbicide will be completed using a combination of backpacks and ATV
sprayers applying a non-selective herbicide. Roto tilling will be completed using a walk behind tiller or attachment
for a skid steer or tractor. Native seeding will be completed by hand and raked or rolled after seeding.
Management mowing will be completed using a skid steer and front mounted mower or by hand using brush saws.
Spot herbicide will be completed using backpack sprayers.
Although turf conversion to native vegetation is relatively straight forward, the timing of prep and installation is
critical to avoid issues with lawn weed species. For this reason, RES is proposing to complete thorough preparation
prior to installing seed and timing the seeding to ensure the establishment of a cover crop. Establishment of a
cover crop can help in initial weed control and help retain moisture for native seedlings.
Fall 2025 – Prep herbicide
Spring 2026 – Soil prep, follow up prep herbicide, and native seeding
Summer 2026 – Management mowing and spot herbicide
Fall 2026 – Spot herbicide
Spring/Summer 2027 – Management mowing and spot herbicide
Spring/Summer 2028 – Spot herbicide
Sincerely,
Matthew Lasch, Operations Manager
Resource Environmental Solutions (RES)
(952) 210-8452
mlasch@res.us
Chuck Campbell, Project Estimator
Resource Environmental Solutions (RES)
(608) 897-8641
ccampbell@res.us
RES, LLC.
Page 2
8/5/2025
Scope of Work and Estimate
Item Qty Unit Unit Cost Extended
Staring Lake Park
Initial Site Prep Herbicide 0.8 acre $1,160.00 $928.00
Soil Prep 0.8 acre $1,500.00 $1,200.00
Mix 36-712 Seed Installation 0.8 acre $2,290.00 $1,832.00
Maintenance 3 Year $1,810.00 $5,430.00
Pheasant Woods Park
Initial Site Prep Herbicide 0.4 acre $1,980.00 $792.00
Soil Prep 0.4 acre $2,140.00 $856.00
Mix 36-712 Seed Installation 0.4 acre $2,930.00 $1,172.00
Maintenance 3 Year $1,166.00 $3,498.00
Hidden Ponds Trail
Initial Site Prep Herbicide 0.2 acre $2,910.00 $582.00
Soil Prep 0.2 acre $3,120.00 $624.00
Mix 36-712 Seed Installation 0.2 acre $3,910.00 $782.00
Maintenance 3 Year $970.00 $2,910.00
Miller Park
Initial Site Prep Herbicide 1.5 acre $1,000.00 $1,500.00
Soil Prep 1.5 acre $1,340.00 $2,010.00
Mix 36-712 Seed Installation 1.5 acre $2,130.00 $3,195.00
Maintenance 3 Year $2,680.00 $8,040.00
Birch Island Park
Initial Site Prep Herbicide 0.4 acre $1,980.00 $792.00
Soil Prep 0.4 acre $2,140.00 $856.00
Mix 36-712 Seed Installation 0.4 acre $3,220.00 $1,288.00
Maintenance 3 Year $1,480.00 $4,440.00
Total $42,727.00
Additional Line Items As Needed:
Controlled burns acre $2,900.00
Additional mowing/spot mowing acre $510.00
Additional herbicide treatments acre $480.00
Reseeding acre $1,100.00
RES, LLC.
Page 3
8/5/2025
Notes:
1. This quote is valid for 60 days.
2. If the owner/client accepts this quote, the city will provide an agreement for signature.
3. In an emergency, RES shall act in a reasonable manner to prevent personal injury or property damage.
Any change in the Agreement price and/or time resulting from the actions of RES in an emergency
situation shall be equitably adjusted.
4. RES provides a one year guarantee on materials and workmanship. RES warrants that the work shall be
free from material defects not intrinsic in the design or materials required in the Contract Documents, if
any. RES’s warranty does not include remedies for defects or damages caused by normal wear and tear
during normal usage, use for a purpose for which the project was not intended, improper or insufficient
maintenance, modifications performed by the owner or others, or abuse. RES warrants that all materials
shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, if
any, and free from defective workmanship. If within one year the owner does not promptly notify RES of
defective work, the owner waives RES's obligation to correct any defective work as well as the owner's
right to claim a breach of warranty with respect to that defective work.
5. Unless specifically covered in the Contract or in the warranty of another RES Contract for site design on
this project, RES is not responsible for hydrology on the project site. Damage to seeding or planting
installation, or other defective work, that is due to improper hydrology is excluded from any warranty
under this Contract. RES can remedy such damage, subject to additional cost, pursuant to a written
modification of the Contract signed by both parties.
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Agenda
Item Number: VII.I.
Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor
ITEM DESCRIPTION
Reject all bids for the Water Treatment Plant Air Compressor Upgrade Project.
REQUESTED ACTION
Move To: Reject all bids for the Water Treatment Plant Air Compressor Upgrade Project.
SUMMARY
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from two competent regional
contractors for the Water Treatment Plant Air Compressor Upgrade Project. Both bids received
were significantly higher than what was budgeted.
Background Information
$325,000 was the amount budgeted for the water treatment plant upgrade project. Two bids
were received, and the lowest bid was $492,030.00. Due to the significant difference, it is
recommended that all bids be rejected. City staff will reevaluate options for completing this
project in the future.
ATTACHMENTS
None
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Agenda
Item Number: VII.J.
Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor
ITEM DESCRIPTION
Approve Construction Contract with Minnesota Mechanical Solutions, INC. to install piping
network.
REQUESTED ACTION
Move To: Approve construction contract with Minnesota Mechanical Solutions, INC. in the
amount of $33,860.00 to install a piping network starting at the thickening basin and ending at
the Wash Water Recovery Pit.
SUMMARY
The City of Eden Prairie Utilities Division obtained proposals from two competent industrial
Plumbing contractors for installation of a piping network running from the thickening basin to
the wash water recovery pit. Below is the bid tabulation.
• Minnesota Mechanical Solutions $33,860.00
• Magney Construction $37,000.00
Staff recommends acceptance of the proposal in the amount of $33,860.00 to be paid from the
water utility fund.
Background Information
Currently Water Plant staff is experiencing operational challenges due to a partially plugged
pipe underneath concrete, which runs from the thickening basin to the wash water recovery
pit. The installation of a new piping network will increase the flow of water from the thickening
basin to the wash water recovery pit and will alleviate the operational issues that they are
facing.
ATTACHMENTS
Contract
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Agenda
Item Number: VII.K.
Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor
ITEM DESCRIPTION
Approve purchase of Supervisory Control and Data Acquisition (SCADA) software from Inductive
Automation in the amount of $24,102.00.
REQUESTED ACTION
Move To: Approve purchase of SCADA software for the water treatment plant from Inductive
Automation in the amount of $24,102.00.
SUMMARY
Synopsis
The City of Eden Prairie Utilities Division obtained quotes from two SCADA software companies
for the SCADA software upgrade at the water treatment plant. The lowest quote was offered
by Inductive Automation. Staff recommends acceptance of the quote in the amount of
$24,102.00 to be paid from funds in our Capital Improvement Plan.
Background Information
The water treatment plant SCADA system is a system of software and hardware used to
monitor and control plant processes. SCADA systems gather real-time data from sensors and
equipment, enabling operators to monitor and manage processes, and make informed
decisions to improve efficiency and productivity. Upgrading our SCADA software will enhance
security, improve efficiency, and we will be better integrated with modern technologies.
ATTACHMENTS
Recommendation Letter with Bid Summary
Copy of Contract
July 11, 2025
Rick Wahlen
Utilities Operations Manager City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344 RE: Letter of Recommendation Water Treatment Plant SCADA Software Upgrade – Software Procurement City of Eden Prairie, MN Dear Mr. Wahlen, On behalf of the City of Eden Prairie, Advanced Engineering and Environmental Services, LLC (AE2S) reviewed the attached quotes for the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) Software from AVEVA and Inductive Automation. Each quote includes the necessary software licensing to implement the desired SCADA architecture with multiple workstations, redundancy, and data historian, as well as yearly software support. These quotes do not include the programming and startup of the new SCADA software, as that
will be completed separately. The AVEVA software quote is provided as a three-year term, which includes software licensing and yearly
software support. These costs are broken down as $16,842 for year 1, $17,682 for year 2, and $18,564 for year 3. Totaling $53,088 for the first three years.
The Inductive Automation software quote is provided as a single year term. The first year would include software licensing ($20,085) and the first year of software support ($4,017), at a cost of $24,102. Assuming a 5% increase year to year for the software support (TotalCare), the year 2 costs would be approximately $4,218, and the year 3 costs would be approximately $4,429. Totaling $32,749 for the first three years. Based on a review of the quotes, AE2S recommends that the City of Eden Prairie procure the SCADA software from Inductive Automation at a price of $24,102, for the first year. AE2S truly appreciates the opportunity to continue working with you on this very important project for the City of Eden Prairie. Should you have any questions or comments please feel free to contact me. Sincerely, AE2S
Anthony Pittman Lead I&C Specialist
Attachments: AVEVA (GS Systems) Quote #Q29445 Inductive Automation Quote #1380456
(rev. 6/2024)
Contract for Goods and Services
This Contract (“Contract”) is made on the 12th day of August, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Inductive Automation, a SCADA software company (hereinafter “Vendor”) whose business address is 90 Blue Ravine Road, Folsom, CA 95630.
.
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 purchase of SCADA software hereinafter referred to as the “Work”. The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by October 31, 2025. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $24,102.00 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. 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. 6. 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.
Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6
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.)
7. 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.
8. 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. 9. 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. 10. 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. 11. 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.
12. 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
Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former
employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or
remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the 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
Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6
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 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
Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6
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: _______________________________
Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6
EXHIBIT A Quote
Provide the City of Eden Prairie Water Plant with the following: Ignition Custom Package 8.1 - Ignition Platform - OPC UA Server Module - Core Drivers - Symbol Factory - Vision Module - SQL Bridge Module - Tag Historian Ignition Custom Package 8.1 redundant - Ignition Platform - OPC UA Server Module - Core Drivers - Symbol Factory - Vision Module - SQL Bridge Module - Tag Historian TotalCare Support Plan: City of Eden Prairie Term: Jun 17, 2025 - Sep 15, 2026 Includes 90 days of free Post-Sales Support
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.L.
Department: Public Works/Utilities – Joe Dusek
ITEM DESCRIPTION
Approve professional services agreement with Advanced Engineering and Environmental
Services (AE2S) to provide services for installation and programming of new Supervisory Control
and Data Acquisition (SCADA) software.
REQUESTED ACTION
Move to: Approve professional services agreement with AE2S to provide services for
installation and programming of water treatment plant’s new SCADA software.
SUMMARY
The water treatment plant SCADA system is a system of software and hardware used to monitor and
control plant processes. SCADA systems gather real-time data from sensors and equipment, enabling
operators to monitor and manage processes, and make informed decisions to improve efficiency and
productivity. Upgrading our SCADA software will enhance security, improve efficiency, and we will be
better integrated with modern technologies. AE2S is currently managing our existing SCADA system.
ATTACHMENT
Professional Services Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 12th day of August, 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, a Minnesota Limited Liability Company (hereinafter “Consultant”) whose business
address is 6901 East Fish Lake Road, Suite 184, Water Tower Business Place Center, 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 installation and programming services for new SCADA software at water treatment
plant hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (Attached ) in connection with the Work. Exhibit A is intended to be the scope
of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from August 12, 2025 through March 31, 2026 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $265,840.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
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:
Page 11 of 10 (rev. 6/2024)
EXHIBIT A Quote/Proposal/Scope of Services
Advanced Engineering and Environmental Services will provide installation and programming of the water treatment plant’s new SCADA software. It will include the following: SCADA Programming Services
The SCADA Programming Services consist of professional services for SCADA computer hardware and software programming related to the Assignment, including: Coordinate with City on new SCADA computer hardware and architecture requirements,
anticipated to be: One (1) Primary SCADA server, anticipated to be in a new network rack in the main level electrical/networking room, configured as both the primary SCADA application server and the primary SCADA client server.
One (1) Secondary SCADA server, anticipated to be in a new network rack in the main level electrical/networking room, configured as both the secondary SCADA application server and the
secondary SCADA client server.
One (1) Historian SCADA server, anticipated to be in a new network the main level
electrical/networking room, configured using a SQL database to allow both the Primary and Secondary SCADA servers to log historical data.
One (1) data gateway computer to provide historical data transfer from the new Historian SCADA server to the offsite WTP reporting application.
Eight (8) new single monitor workstations, for the following locations: ▪ Utilities Operations Manager’s Office Workstation
▪ Water Plant Supervisor’s Office Workstation ▪ Control Room TV/Projector Workstation ▪ Control Room Desk Workstation #1 ▪ Control Room Desk Workstation #2 ▪ Lunch/Break Room Workstation ▪ West Control Room Workstation
▪ Basin Area Operator’s Workstation • One (1) new multi-monitor workstation, for the Filter Gallery Area Operator’s Workstation
• One (1) existing industrial monitor and computer workstation, for the Chlorine Area Operator’s Workstation • Coordinate with City on new SCADA software architecture requirements, anticipated to be: Inductive Automation Ignition software with Vision visualization, SQL bridge, tag historian, and redundancy.
• Coordinate with City on required software and hardware to be procured for SCADA system: City to provide all required software and hardware for a complete functioning SCADA system.
Support the City with their procurement of required software and hardware by providing list of required software and licensing, and system specification requirements for hardware.
Page 12 of 10 (rev. 6/2024)
• Provide network configuration, SCADA software installation for servers and workstations. City to provide initial computer assembly, operation system installation, and related basic
configuration and setup. � Anticipated that Consultant can bring configured computers back to their facility for offline configuration and testing • Coordinate with City on networking and user account configuration
• Installation and configuration of the latest Ignition software and licensing on the Primary, Secondary, and Historian SCADA servers, ten (10) total workstations.
• Create an entirely new SCADA application with Inductive Automation Ignition software with Vision visualization module. Reuse existing PLC programs and tags (no PLC programming anticipated in this scope). � If changes to the PLC program are desired, Consultant and
City will verify that scope and fee separately. • Existing functionality of instruments and equipment in utility system will not change, including
alarms • New alarms for SCADA server/architecture will be implemented (including server failure, PLC communications failure, etc.), otherwise alarms will be mostly left as is. � Alam
announcement to be implemented by reusing existing facility overhead horn/bell. • The existing WTP SCADA computer system will remain active and usable during transition to new Ignition application, until City approved decommissioning by Consultant. ▪ Historical data will not be transferred between SCADA systems, due to incompatibility of existing database with new database
• SCADA application screen and navigation development and programming in collaboration with City. ▪ Consultant will conduct a kickoff meeting to discuss desired screen layouts and navigation, then provide an initial draft of screens and navigation to be reviewed
with City staff, before continuing to complete screens and navigation of final application. • New application to be initially tested under monitored production with operations staff, using limited number of workstations, with operators using and validating operation on limited
basis to verify functionality. ▪ All workstations will be added into production once new SCADA application and computers are validated by operations staff. • Commission, test, and demonstrate operation of new SCADA servers and workstations. • SCADA system operational training (two (2) - four (4) hour sessions anticipated). • Decommission the existing SCADA server, workstations, and clients when comfortable with new SCADA. • Provide updated system documentation and application backups.
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.M.
Department: Public Works/Engineering – Adam Gadbois
ITEM DESCRIPTION
Authorize purchase of two traffic signal cabinets as part of the Annual Signal Operations and
Improvements (I.C. 25805).
REQUESTED ACTION
Move to: Authorize purchase of two traffic signal cabinets from Traffic Control Corporation
(TCC) for $42,888.00.
SUMMARY
The City owns, operates, and maintains 20 traffic signals. Nine of the signals have cabinets that
are approaching the end of their useful life. The 2025-2034 Capital Improvement Plan provides
an Annual Signal Operations and Improvement project that funds the replacement of aging
traffic signal cabinets, with the goal of replacing two per year.
The replacement schedule is prioritized based on traffic signal maintenance and inspections
completed each year. The two cabinets selected for replacement in 2025 are at the intersection
of Prairie Center Drive and Prairie Lakes Drive (signal 14K) and the intersection of Prairie Center
Drive and Viking Drive (signal 14J). Replacing the cabinets also provides an opportunity to
connect these two signals to an available fiber optic line which will reduce the City’s ongoing
cost for remote connectivity to these signals which are currently connected via cellular. Signals
will also be retrofitted to allow for Flashing Yellow Arrow (FYA) operation where appropriate.
FYA offers benefits both in terms of improved safety and efficiency.
The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture
(CPV). This enables the City to purchase equipment under the terms of contracts already
negotiated by the State of Minnesota. The traffic signal cabinets will be purchased from TCC
using CPV rates as identified in contract number MnDOT 144047.
These costs will be funded by the Transportation Fund as identified in the Annual Signal
Operations and Improvements project in the 2025-2034 CIP.
ATTACHMENT
Attach 1 - TCC Quotes
Number 662743
QUOTATION
Page:1 of 1
5651 MEMORIAL AVENUE
OAK PARK HEIGHTS, MN 55082
PHONE: 651-439-1737
To:11268
EDEN PRAIRIE, CITY OF
8080 MITCHELL RD
ATTN: ACCOUNTS PAYABLE
EDEN PRAIRIE MN 55344 USA
Phone:952-949-8300 Fax:
Quote Date:7/17/2025 Expires:9/15/2025
MAllwood@TCC1.com
651-439-1737Phone:
MATT ALLWOODSalesperson:
Email:
FOB:
Terms:NET 30 BASED ON APPROVED CREDIT
DESTINATION-FRT INCLUDED
Attn:
Email:
Book / Call / Item:
Letting Date:
TRAFFIC SIGNAL CABINETDescription:
Location:PRAIRIE CENTER DR @ PRAIRIE LAKES
MNDOT 144047Contract No:
Part Number / Description Net PriceUnit Price Qty/UM
SIGNAL CABINET- PRAIRIE CENTER DR @
PRAIRIE LAKES
77" ALUMINUM GRAY EXTERIOR WITH ANTI-GRAPHITTI / WHITE
INTERIOR, LEFT SWING HANDLE AWAY FROM LOCK, METAL FILTER,
TS2 ECONOLITE TS2 16 POSITION BACK PANEL ASSEMBLY, ONE
DETECTOR RACK (WITH 16 POSITION PANEL), EXTRA SDLC CABLE FOR
VIDEO/AAPS, 80 POSITIONS FUSE BLOCK, PEDESTRIAN AAPS
INTERFACE TERMINAL BLOCK, SET UP FOR FLASHING YELLOW
ARROW OPERATION
MNDOT CONTRACT ITEMS INCLUDED IN BUILD:
3 - TWO CHANNEL LOOP DETECTORS @ $415 EACH - LINE ITEM #7
16 - LOAD SWITCHES @ $44.00 EACH - LINE ITEM #11
4 - FLASH TRANS RELAYS @ $41.50 EACH - LINE ITEM #15
2 - BUS INTERFACE UNITS @ $390 EACH - LINE ITEM #16
1 - CABINET POWER SUPPLY @ $665 - LINE ITEM #17
1 - FLASHER @ $44.00 - LINE ITEM #14
1.0020,539.00 20,539.00EA
Lead Time 10-12 WEEKS
EXISTING COBALT CONTROLLER AND EDI MMU2 TO BE USED WITH NEW CABINET
FIELD SERVICE
1 TRIP, UP TO 4 HRS ON-SITE, TURN ON ASSISTANCE WITH NEW
TRAFFIC SIGNAL CABINET
1.00700.00 700.00EA
Quote Total:21,239.00
Item Total:21,239.00
Misc Charges and Adjustments:0.00
Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order.
Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com.
Number 662743
QUOTATION
Page:1 of 1
5651 MEMORIAL AVENUE
OAK PARK HEIGHTS, MN 55082
PHONE: 651-439-1737
To:11268
EDEN PRAIRIE, CITY OF
8080 MITCHELL RD
ATTN: ACCOUNTS PAYABLE
EDEN PRAIRIE MN 55344 USA
Phone:952-949-8300 Fax:
Quote Date:7/23/2025 Expires:9/21/2025
MAllwood@TCC1.com
651-439-1737Phone:
MATT ALLWOODSalesperson:
Email:
FOB:
Terms:NET 30 BASED ON APPROVED CREDIT
DESTINATION-FRT INCLUDED
Attn:
Email:
Book / Call / Item:
Letting Date:
TRAFFIC SIGNAL CABINETDescription:
Location:PRAIRIE CENTER DR @ PRAIRIE LAKES
MNDOT 144047Contract No:
Part Number / Description Net PriceUnit Price Qty/UM
SIGNAL CABINET- PRAIRIE CENTER DR @
PRAIRIE LAKES
77" ALUMINUM GRAY EXTERIOR WITH ANTI-GRAPHITTI / WHITE
INTERIOR, LEFT SWING HANDLE AWAY FROM LOCK, METAL FILTER,
TS2 ECONOLITE TS2 16 POSITION BACK PANEL ASSEMBLY, ONE
DETECTOR RACK (WITH 16 POSITION PANEL), EXTRA SDLC CABLE FOR
VIDEO/AAPS, 80 POSITIONS FUSE BLOCK, PEDESTRIAN AAPS
INTERFACE TERMINAL BLOCK, SET UP FOR FLASHING YELLOW
ARROW OPERATION, ONE FIBER BOX & 2 LC-LC JUMPERS
MNDOT CONTRACT ITEMS INCLUDED IN BUILD:
3 - TWO CHANNEL LOOP DETECTORS @ $415 EACH - LINE ITEM #7
16 - LOAD SWITCHES @ $44.00 EACH - LINE ITEM #11
4 - FLASH TRANS RELAYS @ $41.50 EACH - LINE ITEM #15
2 - BUS INTERFACE UNITS @ $390 EACH - LINE ITEM #16
1 - CABINET POWER SUPPLY @ $665 - LINE ITEM #17
1 - FLASHER @ $44.00 - LINE ITEM #14
1.0020,949.00 20,949.00EA
Lead Time 10-12 WEEKS
EXISTING COBALT CONTROLLER AND EDI MMU2 TO BE USED WITH NEW CABINET
FIELD SERVICE
1 TRIP, UP TO 4 HRS ON-SITE, TURN ON ASSISTANCE WITH NEW
TRAFFIC SIGNAL CABINET
1.00700.00 700.00EA
Quote Total:21,649.00
Item Total:21,649.00
Misc Charges and Adjustments:0.00
Pricing does not include applicable sales taxes. If order is to be exempt sales tax, documentation must be provided at time of order.
Additional terms may apply. Review our full Terms & Conditions of Sale at www.trafficcontrolcorp.com.
City Council Agenda Cover Memo
Date: August 12,2025
Section: Consent Calendar
Item Number: VII.N.
Department: Public Works/Engineering – Patrick Sejkora
ITEM DESCRIPTION
Approve agreement with WSB to provide design, permitting, and bidding services for the Plaza
Drive Reconstruction Project.
REQUESTED ACTION
Move to: Approve Professional Services Agreement with WSB for Plaza Drive Street
Reconstruction Project Final Design, Permitting, and Bidding
SUMMARY
The Plaza Drive Reconstruction project is identified in the 2025-2034 Capital Improvement Plan
and consists of reconstruction of a portion of Plaza Drive experiencing excessive settling. Plaza
Drive is currently included within the 2026 Pavement Management Project. However,
preliminary geotechnical evaluations have found areas of poor road subgrade in the vicinity of a
culvert owned and operated by the Minnesota Department of Transportation. The weight of
existing roadway is causing this material to settle around the culvert over time, creating an
uneven road. This project will evaluate stabilization options and reconstruct the small portion
of roadway and prevent long-term settling.
The Professional Services Agreement with WSB includes design, permitting, bidding, and
geotechnical exploration and has a not-to-exceed cost of $64,860.00. The project is funded by
the Stormwater Utility Fund
ATTACHMENT
Attach 1 – Professional Services Agreement – WSB Plaza Drive
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 12th day of August, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB LLC, a Minnesota corporation (hereinafter “Consultant”) whose business address is 540 Gateway Blvd, Burnsville, MN 55337.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Plaza Drive Street Reconstruction Project Final Design, Permitting, and Bidding hereinafter referred to as the “Work”. The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Letter Dated July 31, 2025) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from August 12, 2025 through June 30, 2026 the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 64,860.00 for the services as described in
Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
Page 2 of 10 (rev. 6/2024)
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 10 (rev. 6/2024)
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
Page 4 of 10 (rev. 6/2024)
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
Page 5 of 10 (rev. 6/2024)
$100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity
Page 6 of 10 (rev. 6/2024)
obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than
the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Page 7 of 10 (rev. 6/2024)
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance
with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted
Page 8 of 10 (rev. 6/2024)
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 10 (rev. 6/2024)
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the
Page 10 of 10 (rev. 6/2024)
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this
Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing
any of the functions of the City during performance of this Agreement is subject to the
requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
Mayor City Manager
CONSULTANT
By: Its:
Monica Heil
Sr. VP, Municipal
Page 11 of 10 (rev. 6/2024)
EXHIBIT A Quote/Proposal/Scope of Services
G:\.Clients All\Eden Prairie\Proposals\2025 _Plaza Drive Design and Bidding\WSB Final Design_Bidding Plaza Drive_07312025.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM July 31, 2025
Mr. Carter Schulze City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Re: Proposal to Provide Professional Services Plaza Drive Street Reconstruction Project Final Design, Permitting, and Bidding
Dear Mr. Schulze,
On behalf of WSB we are pleased to submit this proposal to provide engineering services to the city. Specifically, our services will include topographic survey, preparation of the project Preliminary Engineering Report, final design and bidding support for the 2026 Plaza Drive Street
Reconstruction Project. WSB's familiarity with the project area and its requirements will help ensure delivery of a successful project.
PROJECT UNDERSTANDING
The length of Plaza between Valley View Road and Prairie Center Drive is currently scheduled in the CIP for pavement management work in 2026. The pavement areas near MnDOT-owned
12’x6’ box culvert (Bridge No. 97279X) that drains a wetland north of Plaza Drive under 212 have experienced some significant settling and will require some amount of soil correction and lightweight fill to provide a long-term solution to the settling. The rest of Plaza will be milled and overlayed though a separate City Contract. The scope of this project includes: Soil correction with light weight fill and geotextile fabric, geofoam blocks, or rammed aggregate reinforcement based up recommendations from geotechnical engineer, placement of a new base course pavement section, spot repairs to the curb and gutter, spot sidewalk replacement as required. Storm sewer, box culvert, and other utilities are assumed to remain in place with this project
Mr. Carter Schulze July 31, 2025 Page 2
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PROJECT SCOPE OF SERVICES
Task 1 – Project Management and Meetings (Estimated Fee $4,040) Project management will be performed throughout the course of the project. The following subtasks are included as part of Project Management: 1.1 Attend 2 project meetings with City staff at 60%, and 90% draft submittals. This will include developing agendas, preparing handouts/graphics, and completing minutes as necessary. 1.2 Regular communication with the client and management of the staff and budget.
Deliverables: Two (2) meetings with the client, open and responsive communication
throughout the project. Task 2 – Topographic Survey (Estimated Fee $7,164) WSB will complete the topographic survey for the identified reconstruction project area. Initially, survey controls will be set up for the project area followed immediately by the topographic survey of the existing conditions within the road right-of-way. Topographic survey will include 200 feet of adjacent roadways that abut the project area. Storm sewer structures will include measure downs and rim elevations. Sanitary sewer will include rim elevations, only. All hydrants and exposed valves will also be surveyed. An attempt will be made to locate and survey all lot corners within the project area and parcel base maps will be reviewed for consistency with found property pins. It is also proposed to complete the Gopher State One Call locate request for maps as a part of the topographic survey work.
Deliverables: Processed topographic survey data. Task 3 – Wetland Boundary Delineation (Estimated Fee $3,546) The project proposes reconstruction a portion of plaza drive with at least one downgradient wetland. All wetlands and surface water features will be delineated and characterized within the defined review limits. The following subtasks are proposed: 3.1 Onsite wetland boundary delineation, wetland delineation report, and TEP approval of the boundary. 3.2 MnRAM assessment of delineated wetlands will be completed to determine appropriate buffer areas required by the project.
Deliverables: Wetland boundary delineation, Wetland Delineation Report, and
Boundary/Type Approval
Mr. Carter Schulze July 31, 2025 Page 3
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Task 4 – Geotechnical Analysis (Estimated Fee $7,752) We recommend collecting two additional geotechnical borings as part of this scope of work to
supplement the Braun Intertec “2026 CIP Project Geotechnical Report” dated October 17, 2024 to better understand the existing site conditions within the project area and limits of soil correction. WSB will obtain two (2) soil borings – one each side of the culvert to depths of 14. 5 feet to evaluate structural suitability. The following subtasks are included as part of geotechnical analysis:
4.1 Two (2) standard penetration borings to depths of 14.5 foot each (avoids MDH grout sealing and sealing record) 4.2 Perform soil classification, laboratory testing (unit weight, % fines, moisture content, organic content), and prepare boring logs
4.3 Scope includes Rig fees, mileage, consumables, traffic control (arrow board and signage only), Contact Gopher State One Call for marking of public utilities, and
ROW permits. 4.4 Provide a geotechnical report with recommendations for lightweight fill thickness or alternative design and design for pavements around the box culvert area.
Deliverables: Geotechnical Report with two (2) boring logs. Task 5 – Permitting Coordination (Estimated Fee $9,042) This task consists of coordinating and obtaining the required permits for the proposed improvements. 5.1 MnDOT ROW/Drainage Alteration Permit – We assume that a MnDOT right of way
and utility permit will be required for work on the frontage road and modification of fill over the MnDOT Box culvert. MnDOT permits typically take a minimum of 60-90 days to receive approval. We assume one submittal would be included with this scope of work.
5.2 Riley Purgatory Bluff Creek Watershed District (RPBCWD) – We anticipate needing a permit for erosion control and wetland buffers. A stormwater management plan will
be submitted to demonstrate compliance with district requirements. Our scope includes one round of watershed comments, and we expect the new or reconstructed impervious area will be under 0.5 acre. 5.3 WCA/USACE Wetland Permitting – This proposal assumes that wetland impacts, or
replacement plans will not be required for this project. If additional work is required beyond this scope, WSB can provide those services on a time and materials basis
following written approval from the city. 5.4 MPCA NPDES Construction Permit – The total disturbed area of the project is anticipated to be less than 1 acre. Therefore a SWPPP and NDPES Construction Permit are not included in this scope of work.
Deliverables: Necessary Permitting Documentation for MnDOT and RPBCWD. This task
does not include any necessary permit application fees, these will be passed on to the City if
applicable.
Mr. Carter Schulze July 31, 2025 Page 4
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Task 6 – Plans, Specifications, and Bidding Assistance (Total Estimated Fee: $33,316) This task consists of completing construction plans, specifications, and bidding documents for the
Plaza Drive Reconstruction Project. This includes all necessary improvements, subgrade preparation and lightweight fill amendments. We assume all underground utilities will remain in place as part of our recommended roadway section design. WSB will facilitate a Utility Coordination Meeting for the project as part of this task. Plans are anticipated to include cover sheet, details, removals, street reconstruction plan, restoration and erosion control plan. A plan and cost estimate submittal to the city will occur and 60%, and 90% design. At each submittal a
virtual review meeting will be held with the city to review comments and plan progress. This scope assumes answering questions during the bid process to help facility the understanding of the construction expectations, it is assumed that the City will facilitate the bid
opening. This task does include tabulating bids and recommending a bid for award.
6.1 Prepare 60%, 90% draft construction plans, specifications, and updated cost estimate. 6.2 Finalize construction plans, specification, and bidding documents based on feedback from City staff.
6.3 Bid tabulation.
Deliverables: Draft Plans, Final Plans, Specifications, and Bid/quote Documents.
PROJECT SCHEDULE
The remaining project schedule is anticipated to take approximately 10 months, with the following
general timeframes and milestones.
Award Design Contract ........................................................................ August 2025 Kick off Meeting with City Staff ............................................................ August 2025 Field data collection (Survey) ........................................................ September 2025 60% Plans Complete........................................................ October-November 2025 Submit Required Permits ............................................................... November 2025 Final Construction Document Complete ........................................... February 2026 Bids Due ................................................................................................... April 2026 Begin Construction ................................................................................... May 2026 PROPOSED FEES
The cost to provide the scope of services outlined in this proposal will be billed hourly, based on our current hourly rates. We are proposing to complete the 2026 Plaza Drive Street Reconstruction Project design and bidding for a not-to-exceed fee of $64,860.
Mr. Carter Schulze July 31, 2025 Page 5
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The proposed scope and fee presented herein represents our complete understanding of the
project based on site visits and discussions with you. If the scope of services is acceptable to City
of Eden Prairie, WSB will draft a Professional Services Agreement for execution by both parties. If
you have any questions or concerns, please feel free to contact me at 952.388.4188 or
walms@wsbeng.com.
Once again, we appreciate the opportunity to submit this proposal and look forward to working with
you and your staff. Sincerely,
WSB
Bill Alms, PE Monica Heil, PE
Senior Project Manager Vice President of Municipal Services
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.O.
Department: Public Works/Engineering – Patrick Sejkora
ITEM DESCRIPTION
Approve construction contract agreement with BKJ Land Co II dba BKJ Excavating for Old Shady
Oak Storm Sewer Repair.
REQUESTED ACTION
Move to: Award Contract for the Old Shady Oak Storm Sewer Repair in the amount of
$22,071.00 to BKJ Land Co II dba BKJ Excavating.
SUMMARY
Two quotes were received on Friday August 1, 2025:
• BKJ Excavating - $22,071.00
• Precision Utilities - $33,557.50
In early July, City Utilities staff identified a sinkhole had formed within Old Shady Oak Road.
Inspection revealed that the existing corrugated polyethylene pipe is damaged and the storm
sewer needs replacement to ensure unobstructed conveyance of stormwater runoff and
prevent further damage to Old Shady Oak Road. The pipe will be replaced with a reinforced
concrete pipe and the street and manhole structures will be repaired.
The project is funded by the Stormwater Utility Fund.
ATTACHMENT
Attach 1 – Construction Contract Agreement
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and BKJ Land Co II dba BKJ Excavating a Minnesota corporation, hereinafter referred to as the “CONTRACTOR.”
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: IC: 24809 – Old Shady Oak Storm Sewer Repair
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 $22,071.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.P.
Department: Public Works/Engineering – Patrick Sejkora
ITEM DESCRIPTION
Approve construction contract agreement with American Environmental, LLC for Pond 20-24-C
Sediment Removal.
REQUESTED ACTION
Move to: Award Contract for the Pond 20-24-C Sediment Removal in the amount of $64,550.00
to American Environmental, LLC.
SUMMARY
Two quotes were requested and one received on Friday August 1, 2025. American
Environmental’ s quote was in the amount of $64,550.00.
Pond 20-24-C is a constructed sediment forebay near Braxton Drive and Rogers Road that is
intended to prevent stormwater pollutants from the City’s storm sewer system from reaching
the wetland 20-24-A. The forebay has reached a sediment level that requires maintenance. Due
to gardens and other improvements around the forebay, access for traditional excavation
equipment is challenging. To limit the disturbance and restoration of private property, hydro-
vactor excavation via vac trucks will be utilized to remove the sediment and restore the
treatment capacity of the forebay.
The project is funded by the Stormwater Utility Fund.
ATTACHMENT
Attach 1 – Construction Contract Agreement
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this ___ day of ______________ 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and American Environmental, LLC 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: 24812 – Pond 20-24-C Sediment Removal
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 $64,550.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.Q.
Department: Public Works/Fleet Services – Scott Riley
ITEM DESCRIPTION
Approval purchase of two (2) available 2025 Chevrolet Blazer EV PPV units for Police to be upfit
as Patrol Vehicles in 2026.
REQUESTED ACTION
Move to: Approve the purchase of two (2) Chevrolet Blazer EV PPV’s that have become
available from North Country GM at a cost of $54,201.42 per unit for the 2026 Replacement
Schedule. These two vehicles were ordered by the vendor as extras in 2025 and have become
available at a lower cost per vehicle than the original 2025 contracted price of $61,995.82.
SUMMARY
During vehicle replacement cycles, Fleet Services encourages departments to look at
sustainable options that meet their operational needs. The Police Department has been one of
the top collaborators when it comes to the use of fully electric vehicles for their operations,
recently having put a Blazer EV in-service as a Patrol Unit and two more currently awaiting
upfitting as 2025 replacements. The feedback on the vehicle has been positive and direction to
move forward with the purchase of two or three more as 2026 replacements has been
endorsed by PD. Fleet Services was contacted by North Country GM about purchasing two
available Blazer EV PPV units they had left over from their 2025 lot buy. These vehicles are
being offered at lower than State Contract pricing and available for immediate delivery.
Police have six Patrol Units scheduled to be replaced in 2026, and these vehicles will be slotted
as 2026 replacements. Upfitting will take place in late 2026 to coincide with the completion of
the new police station which has the infrastructure to support charging all of PD’s electric
vehicles. Early purchasing of the vehicles will ensure we have the vehicles at a lower cost and
eliminate the potential for manufacturing delays from General Motors.
ATTACHMENTS
North Country GM Spec and Quote Form
BOB OHARA NORTH COUNTRY GM 218-349-8955
2025 CHEVROLET BLAZER EV PPV
Marked,unMarked and SSV
MODELS
Battery, 12V/60AH, 680 ENCCA
AC Charging, 19 kW capable
Charge port, illuminated
Propulsion, performance two-
motor AWD
MN CONTRACT # 242639
APPENDIX A
BOB OHARA NORTH COUNTRY GM 218-349-8955
Battery, Ultium
Propulsion, 105 kWh
Battery Rated
Energy, 190 kW DC
fast charging
capable
Police specific content includes (GM code -9C1): • Full underbody
skid plates
• Police-rated tires with black steel wheels
• Brembo brakes for superior stopping power
• Police specific front seats designed to accommodate duty belts
and wearable gear
• Un-programmed steering wheel buttons for upfitters to connect
“Push to Talk” functions for dept radios and fingertip operation of
emergency equipment
• Police level electrical loads with upfitter1 wiring harnesses
• Standard upfitter vehicle module which can provide1 necessary
signals and communication to your aftermarket equipment
• Standard Rearview Camera mirror2
• Standard Center Console Delete to make it easy to add your
aftermarket1 police specific center console
• Vinyl flooring
• Law enforcement lighting options such as spotlamp, dome lights
Basic Years: 3 Basic Miles/km:
36,000 Corrosion Years (Rust-
Through): 6 Corrosion Years: 3
Corrosion Miles/km (Rust-
Through): 100,000 Corrosion
Miles/km: 36,000
Hybrid/Electric Components
Years: 8 Hybrid/Electric
Components Miles/km:
100,000 Roadside Assistance
Years: 8 Roadside Assistance
Miles/km: 100,000
BOB OHARA NORTH COUNTRY GM 218-349-8955
DEPARTMENT : EDEN PRAIRIE PD ADDRESS
CONTACT NUMBER: CITY, ZIP
EMAIL:
2025 BLAZER EV AWD "x" IN YELLOW CELLS
3GNKDFRL0 SS163781 & 3GNKDFRL1 SS163806 OPTION REQUESTED
ALL OPTIONS TOTAL PRICE WILL CALCULATE
Option
Price
VEHICLE
SPEC
PPV
UNMARKE
D
VEHICLE
SPEC PPV MARKED
Base Starting Price does not include any options $52,797.00 $50,185.00
AIR CONDITIOING Dual-zone Automatic Climate Control STD X STD X STD
Dual Level Charge Cord, dual-mode, portable 120-volt (1.4 kW) and 240-volt (7.7 kW)
capability, swappable NEMA 5-15 and NEMA 14-50 plugs with SAE J1772 vehicle
connection
495.00 --
4 Tires, 265/50R20, all-season Firestone Firehawk Pursuit blackwall STD X STD X STD
Rear Camera Mirror includes (CWA) Rear Camera Mirror Washer STD X STD X STD
9C1 Identifier for Marked Police Package Vehicle includes (DLE) front console delete, (BG9)
Black rubberized vinyl floor covering and (EPT) Black Cloth front/Vinyl rear seating
STD -X STD
THIS ALL NEW POLICE VEHICLE HAS MANY STANDARD FEATURES THAT IF AVAILABLE ARE EXTRA COST ON OTHER POLICE UNITS
REMOTE START, KEYLESS OPEN AND START with SMARTPHONE APP
8 WAY POWER DRIVERS SEAT wPOWER LUMBAR, 6 WAY POWER PASSENGER SEAT w/POWER LUMBAR
MIRRORS,POWER HEATED AND REMOTE CONTROL and POWER FOLDING w/DRIVERS SIDE AUTO DIMMING
REAR CAMERA MIRROR ALLOWS REAR VISION WITH PARTIONS INSTALLED
BREMBO FRONT PERFORMANCE BRAKES
BOB OHARA NORTH COUNTRY GM 218-349-8955
5W4
Special Service Package includes (PHY) 22" machined-face aluminum wheels with
carbon flash painted pockets, (QHN) 275/40R22 all-season self-sealing blackwall
tires, (JBO) non-asbestos organic brake lining and (JCF) FNC brake rotor. When
equipped, this option removes the pursuit rating.(Late availability. Requires (9C3)
Identifier for Detective Police Package Vehicle.)
1,353.15 -N/A
9C3
Identifier for Detective Police Package Vehicle includes (D06) retail floor console with
armrest, (B30) color-keyed carpeting in occupant area and (EKV) Black Cloth front/rear
seating
STD X STD -
MF1 Transmission, none (electric drive unit) (STD)STD X X
PSC
Dual Level Charge Cord, dual-mode, portable, 120-volt (1.4 kW) and 240-volt (7.7 kW)
capability, swappable NEMA 5-15 and NEMA 14-50 plugs with SAE J1772 vehicle
connection (STD)
STD X STD X STD
URW
Audio System, 17.7" diagonal advanced color LCD display with Google built-in
compatibility (select service plan required, terms and limitations apply), including
navigation capability, connected apps, personalized profiles for each driver's settings,
Natural Voice Recognition and Phone Integration
STD X STD X STD
6J8
White Left/White Right Whelen LED ION Lamp Package two ION light heads mounted on
each exterior corner (Not available with SEO (6J9, 6JE, 6JG) Whelen LED ION Lamp
Packages.)
1,891.50 --
6J9
Red Left/Red Right Whelen LED ION Lamp Package two ION light heads mounted on
each exterior corner (Not available with SEO (6J8, 6JE, 6JG) Whelen LED ION Lamp
Packages.)
1,891.50 --
6JE
Blue Left/Blue Right Whelen LED ION Lamp Package two ION light heads mounted on
each exterior corner (Not available with SEO (6J8, 6J9, 6JG) Whelen LED ION Lamp
Packages.)
1,891.50 --
6JG
Red Left/Blue Right Whelen LED ION Lamp Package two ION light heads mounted on
each exterior corner (Not available with SEO (6J8, 6J9, 6JE) Whelen LED ION Lamp
Packages.)
1,891.50 -X $1,891.50
BOB OHARA NORTH COUNTRY GM 218-349-8955
7X3 Spotlamp, left-hand, LED 776.00 -X $776.00
T53 Lamps alternate flashing Red & Blue rear compartment lid warning (visible when liftgate
is open) and controlled by momentary liftgate mounted switch or ground wire
548.05 -X $548.05
UTQ Calibration, keyless remote panic button and exterior lights/horn disable 48.50 -X $48.50
6C7 Lighting Red and white LED auxiliary dome lamp is located on headliner between front ro 164.90 -X $164.90
"6E2
Fleet Calibration provides a single key and calibration with a specific code that is
common to the driver door lock of the entire Blazer EV fleet with the same code. Key
code is an alternate to SEO (6E8) Fleet Calibration. Includes (AU7) common fleet key
(Requires (AMF) Remote Keyless Entry Package. Not available with SEO (6E8) complete
vehicle fleet common key.
24.25 --
"6E8
Fleet Calibration provides a single key and calibration with a specific code that is
common to the driver door lock of the entire Blazer EV fleet with same code. Key code is
an alternate to SEO (6E2) Fleet Calibration. Includes (AU7) common fleet key (Requires
(AMF) Remote Keyless Entry Package. Not available with SEO (6E2) complete vehicle
fleet common key.)
24.25 --
"6E5 Switches, rear window inoperative (rear windows can only operate from driver's
position)55.29 -X $55.29
"6N5 Door locks and handles inside rear doors inoperative (doors can only be opened from
outside)60.14 -X $60.14
6J3 Wiring, grille lamps and siren speaker circuit 89.24 -X $89.24
6J4 Wiring, horn and siren circuit 53.35 -X $53.35
WX7 Wiring, auxiliary speaker. For upfitter connection to front door and windshield speakers 58.20 -X $58.20
AMF Remote Keyless Entry Package includes 4 additional transmitters, NOTE: programming
of remotes is at customer's expense. Programming remotes is not a warranty expense 72.75 -X $72.75
AU7 Key common, fleet (Included and only available with SEO (6E2) or SEO (6E8) complete
vehicle fleet common key.)48.50 --
CG9 Floor covering, color-keyed carpeting in occupant area (Requires (9C3) Identifier for
Detective Police Package Vehicle.)STD X STD -
DD7 Floor covering, Black rubberized vinyl (with plastic capped access covers) (Requires
(9C1) Identifier for Marked Police Package Vehicle.STD -X STD
BOB OHARA NORTH COUNTRY GM 218-349-8955
9G8
Headlamps, Daytime Running Lamps and automatic headlamp control delete deletes
standard Daytime Running Lamps and automatic headlamp control features, also
disables automatic interior courtesy lighting
48.50 -X $48.50
R1A LPO, All-weather floor liners, front and rear (Replaces standard floor mats.)213.14 --
CTT Hitch Guidance (Included and only available with (V92) trailering provisions incl WV92 --
PZ8 Hitch View (Included and only available with (V92) trailering provisions.)incl WV92 --
V92 Trailering provisions, wiring includes (CTT) Hitch Guidance and (PZ8) Hitch View 48.50 --
SDE LPO, Trailer hitch, removable includes (VLG) trailer hitch closeout panel, LPO 868.15 --
VLG Closeout panel, LPO 0.00 lbs 0.00 lbs W/A VLG LPO, Trailer hitch, closeout panel
(Included and only available with (SDE) trailer hitch, LPO.)48.50 --
5T4
Special paint, Victory Red WA 9260 (SEO Paints are not available to order at this time.
May require extended lead time. Requires SEO (TGK) special paint solid. Required with
Victory Red special paint WA-9260.)242.50
--
TGK SPECIAL PAINT COLORS N/C --
9V7 Special Paint DARK BLUE METALLIC n/a at start of production 242.50 --
9W5 Special Paint SILVER ICE METALLIC n/a at start of production 242.50 --
G7C Red Hot N/C --
GA0 Riptide Blue Metallic N/C --
GAN Galaxy Gray Metallic N/C --
GAZ Summit White N/C --
GBA Black N/C X N/C X N/C
GNK Radiant Red Tintcoat (Extra Cost)480.15 --
GJ1 Sterling Gray Metallic N/C --
KERR Ship throught to Kerr for Spotlights and Lighting 150.00 x $150.00 x $150.00
-
TOTAL FOR VEHICLE WITH OPTIONS IDENTIFIED: per unit TOTAL $52,947.00 $54,201.42
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.R.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Approve Change Order #2 – Wall Reconstruction for Eden Prairie Police Department Renovation
REQUESTED ACTION
Approve Change Order #2 with Mulcahy Nickolaus, LLC in the amount of $30,421.00 for
replacement of existing walls not framed to deck as part of the Eden Prairie Police Department
Renovation Project.
SUMMARY
As part of the Eden Prairie Police Department Renovation, several existing walls originally
specified to remain were discovered to be inadequately constructed. Some walls were not
framed to the underside of the structural deck, lacked proper insulation, or did not provide
necessary sound separation, particularly in rooms such as conference areas.
This change order includes demolition of those walls and installation of new, full-height framed
walls built to current standards. The work was reviewed in the field with the architect and
documented under RFI #46.
The costs associated with this change order will be covered by the project’s construction
contingency.
ATTACHMENTS
Change Order #2 with Mulcahy Nickolaus, LLC
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DATE:
BY (Signature)
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.S.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Eden Prairie Police Department – High-Density Storage and Weapons Vault Shelving
REQUESTED ACTION
Move to: Award a contract to Mid-America Business Systems in the amount of $169,646.01 for
the purchase and installation of high-density storage and weapons vault shelving for the Eden
Prairie Police Department, utilizing pricing through the Sourcewell cooperative purchasing
contract #110923-SPC.
SUMMARY
Minnesota Statutes Section 471.345, subdivision 15, permits the City to contract for the
purchase of supplies, materials, or equipment without regard to competitive bidding
requirements when the purchase is made through a cooperative purchasing agreement. The
City is a member of Sourcewell a Minnesota service cooperative that competitively bids and
awards purchasing contracts to benefit its members.
The City will utilize Sourcewell Contract #110923-SPC with Mid-America Business Systems, an
authorized vendor for Spacesaver high-density storage systems, to furnish and install custom
shelving in the Police Department’s property/evidence storage areas and weapons vault.
This purchase supports the facility improvements underway at the Eden Prairie Police
Department and was planned as part of the overall project scope. The proposal reflects Police
Department input and includes both boxed and loose storage configurations to optimize space
and functionality.
Total project cost is $169,646.01, including materials, installation, and shipping.
ATTACHMENTS
Standard Contract for Goods and Services with Mid-America
(rev. 6/2024)
Contract for Goods and Services
This Contract (“Contract”) is made on the 12th day of August, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Mid-America Business Systems and Equipment, Inc., a Minnesota Corporation (hereinafter “Vendor”) whose business address is 2500 Broadway St NE, Ste 100
Minneapolis, MN 55413. .
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 purchase and install of high density Spacesaver storages hereinafter referred to as the “Work”.
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by August 2026.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $169,646.01 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 (to be determined) 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]
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.
Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 9
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 9
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 9
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
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.
Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 9
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: _______________________________
Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 9
EXHIBIT A Quote/Proposal/Scope of Work
Standard Contract for Goods and Services (rev. 6/2024) Page 7 of 9
Standard Contract for Goods and Services (rev. 6/2024) Page 8 of 9
Standard Contract for Goods and Services (rev. 6/2024) Page 9 of 9
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.T.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Window Replacement at the Eden Prairie Senior Center
REQUESTED ACTION
Approve the attached agreement with The Window Guys, LLC in the amount of $78,000 for the
replacement of windows at the Eden Prairie Senior Center.
SUMMARY
As part of the 2025 Capital Improvement Plan, Facilities solicited competitive proposals for the
full replacement of existing original windows at the Senior Center, which are over 30 years old
and have significantly deteriorated in performance.
Three bids were received:
Bidder Amount
The Window Guys, LLC $78,000
Minneapolis Glass $80,826
Brin Glass $87,600
The Window Guys submitted the lowest responsive proposal, utilizing ProVia full-frame vinyl
windows. The new windows are expected to provide a substantial improvement in thermal
performance and energy efficiency compared to the original windows, which were single-pane
and have exceeded their service life.
ATTACHMENTS
Agreement for Contracted Services with the Window Guys
(rev. 6/2024)
Agreement for Contract Services
This Contract (“Contract”) is made on the 12th day of August, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and The Window Guys LLC, a Minnesota Company (hereinafter “Vendor”) whose business address is 202 N Cedar Ave Suite 1 Owatonna, MN 55060.
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 removal of old and installation of new windows, trim and sill work 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. All Work under this Contract shall be provided,
performed and/or completed by November 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
Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 11
necessary image or attitude, in the judgment of the owner, to present a first class operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor.
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 $78,000 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.
Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 11
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 11
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City.
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
Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 11
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
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 11
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 11
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 11
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 11
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 11
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 11
EXHIBIT A Quote/Proposal/Scope of Work
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.U.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Construction Documents for Dorenkemper House Addition
REQUESTED ACTION
Authorize execution of a professional services agreement with MacDonald & Mack Architects in
the amount of $29,296 for the preparation of construction documents for the Dorenkemper
House addition project.
SUMMARY
The City of Eden Prairie is preparing to adaptively reuse the historic Dorenkemper House. This
project includes the addition of a small ADA-compliant restroom and mechanical room, as well
as structural and mechanical upgrades to support future use.
To move the project forward, the City solicited proposals from three qualified architectural
firms to provide full construction documents (plans and specifications), including mechanical
and structural engineering services. The following proposals were received:
Firm Total Proposal Amount
MacDonald & Mack $29,296
Edward Farr Architects $61,397
AWH Architects $29,500
After reviewing all submissions, staff recommends MacDonald & Mack Architects based on
their extensive historic preservation experience, competitive pricing, and familiarity with the
Dorenkemper House and previous work performed during the conceptual planning phase.
The scope of work includes:
• Construction documents for bidding and permitting
• Structural upgrades
• HVAC and electrical improvements
• Coordination with City staff and consultants
Funding for the project comes from the Economic Development fund.
ATTACHMENTS
Standard Agreement for Professional Services with Macdonald & Mack
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 12th day of November, 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 MacDonald & Mack Architects, a Minnesota Corporation (hereinafter “Consultant”) whose business address is 400 4th Street, Suite 712
Minneapolis, MN 55415.
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 hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A dated July 21, 205 in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from August 12th 2025 through May 1st 2026
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $29,296 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
Page 2 of 11 (rev. 6/2024)
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 11 (rev. 6/2024)
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been paid. 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
Page 4 of 11 (rev. 6/2024)
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
Page 5 of 11 (rev. 6/2024)
$100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the indemnity
Page 6 of 11 (rev. 6/2024)
obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than
the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Page 7 of 11 (rev. 6/2024)
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional liability insurance. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents
or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions
by either party. Unless the parties agree otherwise, the mediation shall be in accordance
with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted
Page 8 of 11 (rev. 6/2024)
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Page 9 of 11 (rev. 6/2024)
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the
Page 10 of 11 (rev. 6/2024)
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination of this
Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing
any of the functions of the City during performance of this Agreement is subject to the
requirements of the MGDPA and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
Mayor City Manager
CONSULTANT
By: Its:
Page 11 of 11 (rev. 6/2024)
EXHIBIT A Quote/Proposal/Scope of Services
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.V.
Department: Administration – Alecia Rose, Administrative Services/HR Director
ITEM DESCRIPTION
Multiyear Health Plan Agreement
REQUESTED ACTION
Authorize City Manager to sign Multiyear Health Plan Agreement with HealthPartners for
employee medical insurance.
SUMMARY
The City issued a request for proposal for employee medical insurance coverage effective
January 1, 2026. Medica, HealthPartners, Blue Cross Blue Shield (BCBS), Public Employees
Insurance Program (PEIP) submitted qualified proposals for medical insurance. Aetna, Allina,
Minnesota Healthcare Consortium (MHC), United Healthcare (UHC) and Sourcewell declined to
quote.
Proposed rates for the first year ranged from a 48% increase to a 21.4% increase. Rate caps for
the second year were given by HealthPartners (16.5%) and Medica (15%). City staff worked
with Arthur J. Gallagher, Inc (insurance consultants) and an employee wellness committee in
selecting HealthPartners as the best medical insurance proposal.
ATTACHMENTS
Multiyear Health Plan Agreement
1.1
1.2
Table 1 Guaranteed Rates
Plan Year Plan Year Plan Year Plan Year Plan Year
2026 2027 2028 2029 2030
OA $2000-80% NE HSA Enhanced - Open Access
Single $1,002.18 $1,167.54 $1,167.54 $1,167.54 $1,167.54
Single + 1 $2,004.40 $2,335.13 $2,335.13 $2,335.13 $2,335.13
Family $2,380.19 $2,772.92 $2,772.92 $2,772.92 $2,772.92
This AGREEMENT is made by and between HealthPartners, Inc. a Minnesota nonprofit corporation
("HealthPartners") and City Of Eden Prairie ("Client"), together "the Parties", and is effective as of January 1, 2026 ("Effective Date") ("the Agreement").
WHEREAS, the Parties desire to enter into a mutually beneficial long term relationship which will bring
stability and predictability to the costs of providing high quality health care benefits to the Client’s employees
and dependents, and
WHEREAS, Client has released a request for proposal contemplating a multi-year agreement and
HealthPartners has responded to such request (“Proposal”), and
WHEREAS, in exchange for such a long term relationship, HealthPartners is willing to offer guaranteed
rates to Client and Client is willing to remain contracted with HealthPartners for the term of the Agreement
and
Multiyear Health Plan Agreement
Plan Offering. HealthPartners shall provide for the time period specified (“Plan Years”), the
health plan coverage (“Product” or “Products”) as described in the HealthPartners Proposal of
5/22/2025 under the terms of this Agreement. In the event a particular Product is no longer
offered, a comparable Product in terms of benefit design will be offered upon renewal with
appropriate actuarial values of any benefit changes applied to the Guaranteed Rates as
described in Section 1.2.
Guaranteed Rates. HealthPartners guarantees, for the Plan Years described in the Proposal,
the rates for all Products as follows, or the standard HealthPartners renewal calculation for all
Products, whichever is more favorable to Client:
RECITALS
WHEREAS, each Party has independently determined that this Agreement is in its best interests and each
Party is committed to a successful implementation of the terms and conditions expressed in this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows;
ARTICLE 1
HEALTHPARTNERS DUTIES
7/24/2025 Page 1 of 5
OA $1000-80% E HRA Enhanced - Open Access
Single $1,160.44 $1,351.91 $1,351.91 $1,351.91 $1,351.91
Single + 1 $2,320.92 $2,703.87 $2,703.87 $2,703.87 $2,703.87
Family $2,756.06 $3,210.81 $3,210.81 $3,210.81 $3,210.81
NationalONE Empower HSA $5000-100%
Single $908.79 $1,058.74 $1,058.74 $1,058.74 $1,058.74
Single + 1 $1,817.61 $2,117.52 $2,117.52 $2,117.52 $2,117.52
Family $2,158.38 $2,514.51 $2,514.51 $2,514.51 $2,514.51
1.3
a.
b.
c.
1.4
2.1
2.2
2.3 Contribution and Participation. Client shall:
a. maintain the current employer premium and fund contribution strategy,
The actuarial value of any new or increased eligibility or benefit mandated by law or
regulation or other change to Product features required by law shall result in a
corresponding change to the Guaranteed Rates.
Any enrollment change of 10% or more from initial enrollment, whether due to expansion,
merger, acquisition, sale, reduction in force or other reason, may result in a revision to the
Guaranteed Rates, at the sole discretion of HealthPartners. If upon such enrollment
change, HealthPartners revises the Guaranteed Rates for any Plan Year(s) the Client may
terminate the Agreement and such termination will not be an Early Termination or Breach,
by either Party, under Section 3.2. HealthPartners has no obligation to honor the revised
guaranteed rates prepared for Client in response to the enrollment change. If the Client
does not terminate the Agreement under this provision, then the Guaranteed Rates and
Rate Differentials tables will be amended.
ARTICLE IICLIENT DUTIES
Adjustments. Notwithstanding the above, the following exceptions and adjustments apply to
the Guaranteed Rates described in Section 1.2:
The actuarial value of any new or increased premium taxes, industry fees, excise taxes,
research fees, or any other government or regulatory assessments, or other taxes as a
result of any change in law or regulation, including but not limited to, the Affordable Care
Act of 2010 or other state or federal health care reform legislation, shall result in a
corresponding change to the Guaranteed Rates.
Renewals. HealthPartners shall release a standard renewal calculation prior to the end of each
Plan Year.
Master Group Contract. This Agreement is subject to all the terms and conditions of the fully
insured Master Group Contract issued separately upon acceptance of the Client’s application
for coverage.
Sole Carrier. Client shall remain directly contracted with HealthPartners on a fully insured
basis as the sole carrier offered to any and all Client employees for any medical benefit
offering, during the term of this Agreement.
7/24/2025 Page 2 of 5
b.
c. meet the current participation guidelines, and
d.
2.4
3.1
3.2
Table 2 Standard Rates
Plan Year Plan Year Plan Year Plan Year Plan Year
2026 2027 2028 2029 2030
OA $2000-80% NE HSA Enhanced - Open Access
Single $1,062.31 $1,237.59 $1,237.59 $1,237.59 $1,237.59
Single + 1 $2,124.66 $2,475.24 $2,475.24 $2,475.24 $2,475.24
Family $2,523.00 $2,939.30 $2,939.30 $2,939.30 $2,939.30
OA $1000-80% E HRA Enhanced - Open Access
Single $1,230.07 $1,433.02 $1,433.02 $1,433.02 $1,433.02
Single + 1 $2,460.18 $2,866.10 $2,866.10 $2,866.10 $2,866.10
Family $2,921.42 $3,403.46 $3,403.46 $3,403.46 $3,403.46
NationalONE Empower HSA $5000-100%
Single $963.32 $1,122.26 $1,122.26 $1,122.26 $1,122.26
Single + 1 $1,926.67 $2,244.57 $2,244.57 $2,244.57 $2,244.57
Family $2,287.88 $2,665.38 $2,665.38 $2,665.38 $2,665.38
Term. This Agreement applies to the Plan Years as shown in Section 1.2, for a total
Guaranteed Rate period of 24 months.
maintain the current Product offerings. Plans with a benefit value within 5% of the current
plan or plans’ benefit value (determined using HealthPartners' value calculator) satisfy
this Product maintenance requirement. Plan changes with a benefit value difference of 5%
or less will be rated based on the value of such benefit change,
Authority. Client represents and warrants that it has full authority under law and its governanc
requirements to enter into this Agreement. By executing this Agreement below, Client intends
for HealthPartners to rely on the authority of the signatory to this Agreement to bind the Client
to the terms of this Agreement.
ARTICLE III
TERM, TERMINATION AND BREACH
Early Termination or Breach. In the event Client terminates this Agreement prior to the
completion of the last Plan Year or fails to comply with any of the terms of this Agreement or
the Master Group Contract described in Section 2.3, Client shall pay to HealthPartners the Rate
Differentials as shown in Table 3 (i.e., the difference between the Guaranteed Rates of Table 1
and the Standard Rates of Table 2), times the last month’s enrollment times the number of
months remaining to the completion of the last Plan Year.
fulfill HealthPartners coverage requirements of the Master Group Contract regarding
Product offerings.
7/24/2025 Page 3 of 5
Table 3 Rate Differentials
Plan Year Plan Year Plan Year Plan Year Plan Year
2026 2027 2028 2029 2030
OA $2000-80% NE HSA Enhanced - Open Access
Single $60.13 $70.05 $70.05 $70.05 $70.05
Single + 1 $120.26 $140.11 $140.11 $140.11 $140.11
Family $142.81 $166.38 $166.38 $166.38 $166.38
OA $1000-80% E HRA Enhanced - Open Access
Single $69.63 $81.11 $81.11 $81.11 $81.11
Single + 1 $139.26 $162.23 $162.23 $162.23 $162.23
Family $165.36 $192.65 $192.65 $192.65 $192.65
NationalONE Empower HSA $5000-100%
Single $54.53 $63.52 $63.52 $63.52 $63.52
Single + 1 $109.06 $127.05 $127.05 $127.05 $127.05
Family $129.50 $150.87 $150.87 $150.87 $150.87
3.3
3.4
a.
b.
4.1
Group Size. In the event federal or state law requires community rating for groups of a
particular size and Client’s group size falls within such parameters, upon the effective date of
such change as applied to Client, this Agreement will be terminated and appropriate
replacement products and rates will be offered, in accordance with current law.
ARTICLE IV
THIRD PARTIES
Client Due Diligence. Client has received advice and counsel from a third party consultant,
which the Client separately selected and retained, as part of its due diligence in the process of
selecting a carrier for the Plan Years covered in this Agreement. Client acknowledges that
such third party consultant is not an agent of HealthPartners and is an independent advisor not
selected by HealthPartners.
Client informs HealthPartners of its intent to change to a self-insured arrangement and
signs letter agreement stating this intent 180 calendar days prior to the Plan Year renewal,
and
Client enters into a mutually agreed upon self-insured arrangement with a HealthPartners
affiliate and concludes a signed administrative services agreement at least 120 calendar
days prior to the Plan Year renewal.
Waiver. In the event state or federal law requires the Client to terminate this Agreement, HealthPartners may waive some or all of the Rate Differentials, in its sole discretion.
HealthPartners shall waive the Rate Differentials in the event:
7/24/2025 Page 4 of 5
5.1
Accepted and agreed to, with an Effective Date as noted first above
HealthPartners, Inc.
Signature Date
Tony Andersen
Vice President, Underwriting
City Of Eden Prairie
Signature Date
Name
Title
Governing Law, Jurisdiction, and Venue: This Agreement shall be governed by and
interpreted under Minnesota law. Any lawsuit arising directly or indirectly out of this
Agreement shall be brought in a court of competent jurisdiction located in the state of
Minnesota.
ARTICLE V
MISCELLANEOUS
7/24/2025 Page 5 of 5
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.W.
Department: Community Development / Planning
Julie Klima / Sarah Strain
ITEM DESCRIPTION
First Amendment to Communications Facilities License Agreement near 6233 Baker Road
REQUESTED ACTION
Move to:
• Adopt the Resolution for the First Amendment to the Communications Facilities
License Agreement.
SUMMARY
Verizon Wireless currently operates a Communications Facility mounted onto the Baker Road
water tower, located south of Lifetime Fitness at 6233 Baker Road. The current License
Agreement expires on August 31, 2025. Verizon Wireless has determined that they do not want
to enter into a new license agreement at this location. They have found a new location for their
equipment. However, they need approximately one (1) year to construct the new equipment
and decommission the current equipment on the Baker Road water tower. To facilitate this
transition, Verizon is requesting a one (1) year extension to their current license agreement,
commencing September 1, 2025 and expiring on August 31, 2026.
Staff recommends approval of the Amendment.
ATTACHMENTS
Resolution for the First Amendment to the Communications Facilities License Agreement
First Amendment to Communication Facilities License Agreement dated August 12, 2025
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-____ A RESOLUTION AMENDING A COMMUNIOCATION FACILITIES LICENSE AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF EDEN
PRAIRIE, MINNESOTA WHEREAS, Verizon entered into a Communication Facilities License Agreement with the City of Eden Prairie, approved by City Council on August 18, 2015; and
WHEREAS, the original license agreement between The City of Eden Prairie and
Verizon will soon be expiring after the full 10 years of the license agreement; and WHEREAS, Verizon has requested an amended license agreement to extend the length of the term of the license agreement by one calendar year; and
WHEREAS, this first amendment would allow for the continued location of telecommunications equipment on public utility facilities on City-owned property which is in the interest of the public; and
WHEREAS, the City Council has reviewed said request at a public meeting on August
12, 2025. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the new First Amendment to the Communication
Facilities License Agreement between the City of Eden Prairie and Verizon Wireless is
approved. ADOPTED by the City Council of the City of Eden Prairie this 12th day of August, 2025.
_________________________ Ronald A. Case, Mayor
ATTEST: ________________________
David Teigland, City Clerk
MIN Ashton
MDG: 5000182595
FIRST AMENDMENT TO COMMUNICATION FACILITIES LICENSE AGREEMENT THIS FIRST AMENDMENT TO COMMUNICATION FACILITIES LICENSE AGREEMENT (the “First Amendment”) is made and shall be effective as of ,
2025 (the “Effective Date”), between the City of Eden Prairie, a Minnesota municipal corporation
(“Licensor”) and Cellco Partnership d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Licensee”), (each a “Party” and collectively referred to as “the Parties”).
RECITALS WHEREAS, Licensor and Licensee are parties to that certain Communication Facilities License Agreement dated August 18, 2015, which allows for Licensee’s maintenance of communications facilities on the Property (the “2015 License”). The 2015 License expires on August 31, 2025; and
WHEREAS, the Parties desire to amend the 2015 License to extend the Term of the 2015 License for one additional year. NOW, THEREFORE, in consideration of the foregoing Recitals which are incorporated
herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. EXTENDED TERM. The 2015 License is amended by inserting the following paragraph after the last item in Paragraph 19
An additional one (1) year term, commencing September 1, 2025, shall be granted
with the following annual license fee, to be paid in equal monthly installments:
Year 11 (2025-2026) $51,365.60
2. Other than as specifically amended herein, all other terms and conditions of the 2015 License shall remain in full force and effect. Where there is conflict between the terms of the 2015 License and this First Amendment, the terms of this First Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 8F25203E-0C7E-4BF5-A1DD-8F00FAFA7C03
MIN Ashton
MDG: 5000182595
IN WITNESS WHEREOF the Parties have executed this First Amendment effective as of the date and year first above written.
LICENSOR: City of Eden Prairie, a Minnesota municipal corporation
By: __________________________________ Ronald A. Case Its: Mayor
Date:
AND By: ___________________________________ Rick Getschow
Its: City Manager Date:
Docusign Envelope ID: 8F25203E-0C7E-4BF5-A1DD-8F00FAFA7C03
MIN Ashton
MDG: 5000182595
LICENSEE: Cellco Partnership d/b/a Verizon Wireless
By: _________________________________ Name: _________________________________
Its: _________________________________
Date: ________________
Docusign Envelope ID: 8F25203E-0C7E-4BF5-A1DD-8F00FAFA7C03
Associate Director, Network Real Estate
Jeffrey Armour
Aug 1, 2025
Certificate Of Completion
Envelope Id: 8F25203E-0C7E-4BF5-A1DD-8F00FAFA7C03 Status: Completed
Subject: MIN ASHTON/Package Id : 2107415/Approval to execute 1 AUG 25/AD signatory
Source Envelope:
Document Pages: 3 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 Joseph Guyer
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC+01:00) Amsterdam, Berlin, Bern, Rome, Stockholm, Vienna
Joseph.Guyer@VerizonWireless.com
IP Address: 140.108.1.15
Record Tracking
Status: Original
8/1/2025 5:47:08 PM
Holder: Joseph Guyer
Joseph.Guyer@VerizonWireless.com
Location: DocuSign
Signer Events Signature Timestamp
Jeffrey Armour
jeffrey.armour@verizonwireless.com
Associate Director, Network Real Estate
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 69.78.1.237
Sent: 8/1/2025 5:56:28 PM
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Signed: 8/1/2025 6:11:00 PM
Electronic Record and Signature Disclosure:
Accepted: 6/2/2022 7:28:07 PM
ID: 19621efc-46fa-4b50-9c93-788e431512d8
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CW
craig.walkenhorst@verizonwireless.com
Security Level: Email, Account Authentication
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Sent: 8/1/2025 5:56:26 PM
Viewed: 8/1/2025 5:59:42 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
ED
emily.dockham@verizonwireless.com
Security Level: Email, Account Authentication
(None)
Sent: 8/1/2025 5:56:26 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
FB
fboucek@ginsbergjacobs.com
Security Level: Email, Account Authentication
(None)
Sent: 8/1/2025 5:56:27 PM
Electronic Record and Signature Disclosure:
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Carbon Copy Events Status Timestamp
JP
jplante@jplanteconsulting.com
Security Level: Email, Account Authentication
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Sent: 8/1/2025 5:56:27 PM
Viewed: 8/1/2025 5:57:14 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/1/2025 5:56:27 PM
Certified Delivered Security Checked 8/1/2025 6:10:53 PM
Signing Complete Security Checked 8/1/2025 6:11:00 PM
Completed Security Checked 8/1/2025 6:11:00 PM
Payment Events Status Timestamps
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City Council Agenda Cover Memo
Date: August 12, 2025
Section: Consent Calendar
Item Number: VII.X.
Department: Public Works/Engineering – Carter Schulze, City Engineer
ITEM DESCRIPTION
Approve Petition and Special Assessment Agreement for the Meadowcroft Private Culvert
replacement in conjunction with the Dell Road Street and Utility Improvements, I.C. 17-5990
REQUESTED ACTION
Move to: Approve Petition and Special Assessment Agreement for the Meadowcroft
Private Culvert replacement in conjunction with the Dell Road Street and Utility
Improvements, I.C. 17-5990
SUMMARY
On February 6, 2024, the City Council accepted a petition from the owners of five properties in
the Meadowcroft neighborhood for City replacement of a private culvert in connection with the
Dell Road Project. This petition and special assessment agreement supersedes the previously
received petition due to an increase in the estimated construction costs to replace the private
culvert that carries Riley Creek under the Meadowcroft driveway. The petition represents 100%
of the neighborhood properties that would be assessed for the culvert replacement.
The bid solicitation for the Dell Road Improvements includes a bid alternate for the private
culvert replacement. The bids will be opened on August 28, 2025. Once staff identifies the
lowest responsible bidder that it will recommend to the Council, the amount of the bid
alternate for the private culvert will be shared with the petitioners. The proposed agreement
provides that the alternate will be accepted, and the culvert work will be included in the
project, only upon the consent of all of the petitioners.
ATTACHMENT
Agreement
PETITION AND SPECIAL ASSESSMENT AGREEMENT
Dell Road Project – Meadowcroft Private Culvert
This Petition and Special Assessment Agreement (“Agreement”) is made as of August 12,
2025, between the City of Eden Prairie, a Minnesota municipal corporation (“City”) and Margaret
Ann Doyle, as trustee of the Margaret Ann Doyle Revocable Trust u/a/d December 14, 2012, as
amended (the “Doyle Trust”), Paul A. Pihl, married to Katie Pihl (“Pihl”), David Lin and Kendra
Kubiak, married to each other (“Lin and Kubiak”), Steven E. Brown and Joanne G. Brown, married
to each other (the “Browns”), and Timothy L. Anderson and Karen M. Anderson, Trustees of the
Timothy & Karen Anderson Living Trust dated April 10, 2018 (the “Anderson Trust”). The Doyle
Trust, Pihl, Lin and Kubiak, the Browns, and the Anderson Trust will be collectively referred to in
this Agreement as the “Petitioners.”
RECITALS
A. The Doyle Trust is the fee owner of real property located at 9924 Dell Road, Eden Prairie,
Hennepin County, Minnesota, 55437, legally described as: Lot 1, Block 1 and Outlot A,
Doyle Estates (“Doyle Property”).
B. Pihl is the fee owner of real property located at 9966 Dell Road, Eden Prairie, Hennepin
County, Minnesota, 55437, legally described as: Lot 1, Block 1, Meadowcroft (“Pihl
Property”).
C. Lin and Kubiak are the fee owners of real property located at 9958 Dell Road, Eden Prairie,
Hennepin County, Minnesota, 55437, legally described as: Lot 2, Block 1, Meadowcroft
(“Lin-Kubiak Property”).
D. The Browns are the fee owners of real property located at 9950 Dell Road, Eden Prairie,
Hennepin County, Minnesota, 55437, legally described as: Lot 3, Block 1, Meadowcroft
(“Brown Property”).
E. The Anderson Trust is the fee owner of real property located at 9942 Dell Road, Eden
Prairie, Hennepin County, Minnesota, 55437, legally described as: Lot 4, Block 1,
Meadowcroft (“Anderson Property”).
F. The Doyle Property, Pihl Property, Lin-Kubiak Property, Brown Property, and Anderson
Property will be referred to in this Agreement each individually as a “Property” and
collectively as the “Properties”.
G. The Properties enjoy shared access to the public right-of-way of Dell Road through a
private driveway (“Driveway”) that crosses over Riley Creek. Riley Creek passes through
a culvert located on the Doyle Property under the driveway (“Private Culvert”). The Private
Culvert is failing and is in need of replacement.
H. The City is currently undertaking a project to reconstruct and improve Dell Road (the
“Project”). The Petitioners have requested that the City replace the Private Culvert as part
2
of the Project (the “Private Culvert Improvements”) and specially assess the Properties for
the entire cost of such replacement.
I. On January 16, 2024, Petitioners submitted to the City a 100% Petition for Local
Improvements pursuant to Minn. Stat. § 429.031, subd. 3, requesting that the City
undertake the Private Culvert Improvements and waiving their rights to object to special
assessments levied for such work in an amount not to exceed $188,000 (the “Original
Petition”). The Eden Prairie City Council accepted the Petition and ordered that the Private
Culvert Improvements be incorporated into the plans and specifications for the Project.
J. As the plans and specifications were being developed, the City and its consulting engineer
determined that the Private Culvert Improvements would cost more than the original
estimate of $188,000. The current cost estimate for the Private Culvert Improvements is
$525,000.00, which amount includes the estimated cost of the actual work and other
indirect costs and fees incurred or charged by the City relating to the Private Culvert
Improvements, including engineering, testing, financing, and administrative fees .
K. The Petitioners expressed concern about this new estimate and requested that the City bid
the Private Culvert Improvements as an alternate for the Project and provide Petitioners
with the opportunity to withdraw the Petition if the competitively bid cost of the Culvert
Improvements is not acceptable to Petitioners.
L. The City will open bids for the Dell Road Project on August 28, 2025 and the contract is
anticipated to be awarded by the City Council on September 16, 2025.
M. The City is agreeable to Petitioners’ proposal, subject to receipt of a new petition and the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, City and Petitioners
agree as follows:
1. 100% Petition. Pursuant to Minn. Stat. § 429.031, subd. 3, Petitioners again petition the
City to proceed with the Private Culvert Improvements in connection with the Project and
to assess the entire cost of the Private Culvert Improvements equally against the Properties
as described in Exhibit A (the “Petition”). The City hereby receives and accepts this
Petition.
2. Right to Withdraw Petition. The City has included the Private Culvert Improvements as
a bid alternate in the bid solicitation for the Project. City staff will open the bids on August
28, 2025 and will recommend that the Council award the contract to the lowest responsible
bidder, as required by law. After staff has determined the lowest responsible bidder that it
will recommend to the Council, the City Engineer will inform Petitioners of the amount of
the bid alternate for the Private Culvert Improvements in the selected bid. Petitioners will
have until 12:00 pm on September 9, 2025, to notify the City Engineer as provided in
Paragraph 2 either:
3
a. That they consent to the City proceeding with accepting the bid alternate and
including the Private Culvert Improvements as part of the Project pursuant to
the Petition; or
b. That they do not want the City to proceed with the Private Culvert
Improvements and are withdrawing the Petition.
If all of the Petitioners provide consent to proceed, the City will accept the bid alternate
and the Private Culvert Improvements will be constructed as part of the Project. If one or
more Petitioners do not provide consent and elect to withdraw the Petition, the City will
reject the bid alternate and the Private Culvert Improvements will not be constructed as
part of the Project.
3. Form of Notice. To give notice to the City Engineer as required by Paragraph 2, the
owner(s) of each Property must separately provide written notice to the City Engineer by
12:00 pm on September 9, 2025. This written notice may be provided by email to
cschulze@edenprairie.org or may be mailed or hand delivered to the City Engineer at 8080
Mitchell Road, Eden Prairie, MN 55344, so that it is received by the deadline. The failure
of any or all of the Petitioners to provide the required notice by 12:00 pm on
September 9, 2025 will be deemed to be a withdrawal of the entire Petition, even if
other Petitioners have provided consent to proceed.
4. Special Assessment Agreement. If Petitioners inform the City that they wish to proceed
with the Culvert Improvements, the following provisions will apply:
a. The Petitioners consent to the levying of special assessments against the Properties in
the amount of $525,000.00, as specified for each Property on Exhibit A. The actual
cost to be assessed against each Property for the Private Culvert Improvements shall
be determined in the same manner as reported in the Feasibility Report prepared with
respect to these improvements. If the accepted bid amount for the Private Culvert
Improvements is greater than $525,000, Petitioners agree to execute an amendment
to this Agreement to reflect their consent to the assessment of the higher amount.
b. The City’s assessment records for the Properties will show the assessment against each
parcel as a “pending assessment” until levied.
c. Petitioners waive notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter
approved and levied.
d. Petitioners concur that the benefit to each Property by virtue of the Private Culvert
Improvements to be constructed exceeds the amount of the assessment to be levied
against the Properties. The Petitioners waive all rights they have by virtue of
Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the
assessments, or the procedures used by the City in apportioning the assessments and
hereby release the City, its officers, agents, and employees from any and all liability
related to or arising out of the imposition or levying of the assessments.
4
e. The terms and conditions of this Paragraph 4 shall be effective immediately upon
Petitioners’ notice to the City Engineer as provided in Paragraph 2 that they wish to
proceed with the Private Culvert Improvements.
f. This Agreement may not be terminated or amended except in writing executed by all
parties hereto, provided however upon the levying of the special assessments
contemplated by this Paragraph 4, the City may upon request of the owner of the
Property affected and as approved by the City Engineer, without the necessity of
further City Council approval, unilaterally prepare and provide to the owner for
recording a document releasing any Property so levied from this Agreement.
g. This Agreement constitutes a lien on each Property in the amount of $105,000.00,
as described in Exhibit A, until such time as the special assessments referred to
above are levied.
EXECUTED AS OF THE DATE FIRST WRITTEN ABOVE.
5
CITY OF EDEN PRAIRIE
____________________________________
Ronald A. Case, Mayor
____________________________________
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by
Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the City.
Notary Public
6
DOYLE TRUST
____________________________________
Margaret Ann Doyle, Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by
Margaret Ann Doyle, as trustee of the Margaret Ann Doyle Revocable Trust u/a/d December 14,
2012, as amended, on behalf of the trust.
Notary Public
7
PIHL
____________________________________
Paul A. Pihl
____________________________________
Katie Pihl
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by
Paul A. Pihl and Katie Pihl, married to each other.
Notary Public
8
LIN AND KUBIAK
____________________________________
David Lin
____________________________________
Kendra Kubiak
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by
David Lin and Kendra Kubiak, married to each other.
Notary Public
9
BROWNS
____________________________________
Steven E. Brown
____________________________________
Joanne G. Brown
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by
Steven E. Brown and Joann G. Brown, married to each other.
Notary Public
10
ANDERSON TRUST
____________________________________
Timothy L. Anderson, Trustee
____________________________________
Karen M. Anderson, Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by
Timothy L. Anderson and Karen M. Anderson, Trustees of the Timothy & Karen Anderson Living
Trust dated April 10, 2018, on behalf of the trust.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
11
EXHIBIT A
Special Assessment Amount by Property
Owner PID No. Legal Description Assessment
Amount
Doyle Trust 3011622440012 Lot 1, Block 1, Doyle Estates $105,000.00
Pihl 3011622430013 Lot 1, Block 1, Meadowcroft $105,000.00
Lin and Kubiak 3011622430014 Lot 2, Block 1, Meadowcroft $105,000.00
Browns 3011622430015 Lot 3, Block 1, Meadowcroft $105,000.00
Anderson Trust 3011622430016 Lot 4, Block 1, Meadowcroft $105,000.00
City Council Agenda Cover Memo
Date: August 12, 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 construct a 15-unit assisted living and memory care facility.
The building is proposed as a 10,761 square-foot single-story structure. The property is located
east of Aztec Drive across from Caliber Collision. The site consists of two parcels totaling 1.1 acres.
The parcels are currently undeveloped. There are residential uses to the east, office uses to the
north and commercial uses to the west and south.
REQUESTED ACTION
Move to close the public hearing and:
• Approve the 1st reading of an Ordinance for a zoning district change from I-2 to RM-2.5
on 0.908 acres and from Rural to RM-2.5 on 0.199 acres.
• Adopt a Resolution for a Preliminary Plat combining two parcels into one lot on 1.1
acres.
• Adopt a Resolution for Findings of Fact in Support of Park Dedication Fees.
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
• Authorize the issuance of an early Land Alteration Permit for Aspen Estates Assisted Living
and memory care at the request of the Developer subject to the conditions outlined in the
permit.
SUMMARY
The property is guided Medium Density Residential in Aspire 2040, which allows a density of 5
to 14 units per acre. The proposed density is 13.6 units per acre.
The larger parcel is currently zoned I-2 and the smaller parcel to the south is zoned Rural. The
applicant is requesting to rezone both parcels to RM-2.5, which allows a maximum density of
17.4 units per acre. The proposed density of the project is consistent with both the guiding and
proposed zoning.
The applicant is proposing a preliminary plat to combine the two parcels into one single lot.
Based on the traffic memo, traffic impact from the proposed use is minimal. According to the
data, there could be 42 daily trips. This would include staff, deliveries, and visitors. There is no
direct traffic connection to the residential property to the east.
The building is designed to resemble a single-family home. The building includes dormers to
visually minimize the large roof structure, a covered ‘porch’ area at the building entrance
oriented toward Aztec Drive, and window style and placement similar to single-family homes.
The front yard will be landscaped, and a side-loaded garage and parking will be located on the
south side of the building. These design elements are intended to appeal to potential residents
and blend into the existing residential characteristics. The building materials for this project
include stone, glass, fiber cement siding, some wood trim and some metal. Each facade
complies or exceeds the building material standards.
To minimize the visual impact of the project, the applicant has provided a landscape buffer
along the east property line, adjacent to existing residential. The plan includes a mix of
deciduous and evergreen shrubs which grow 7 to 15 feet tall;
The applicant is required to pay cash park fees. A resolution adopting Findings of Fact in
support of the park dedication fees is attached. The details will be covered in the Development
Agreement.
The applicant held a neighborhood meeting on Wednesday, May 28, 2025. The invite to the
meeting was sent to 57 addresses and 4 people attended the meeting. According to the
applicant, the attendees are supportive of the project. One of the couples in attendance live on
the east side of the subject property and share a lot line with the project. They wanted more
information about the trees that will remain and the plantings being proposed along the east
property line.
The Planning Commission held a public hearing on July 14, 2025 and voted 5-0 to recommend
that the City Council approve the project. There were no public comments at the public
hearing.
ATTACHMENTS
Ordinance for Zoning District Change
Resolution for Preliminary Plat
Resolution for Findings of Fact in Support of Park Dedication Fees
Planning Commission Staff Report
Planning Commission Minutes
ASPEN ESTATES ASSISTED LIVING AND MEMORY CARE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. _-2025
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Rural and I-2 Zoning Districts and be placed in the RM-2.5 Zoning District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and I-2 Zoning District and shall be included hereafter in the RM-2.5 Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of ________, 2025, entered into between Aspen Estates Realty, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12th day of August, 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
LEGAL DESCRIPTION
Zoning district change of following parcel from I-2 to RM-2.5 Lot 1, Block 2, Aztec Drive Addition Hennepin County, Minnesota
Abstract Property Zoning district change of following parcel from Rural to RM-2.5 The South 60 feet of the North 260 feet of the West 585 feet of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, EXCEPT road.
Abstract Property
ASPEN ESTATES ASSITED LIVING AND MEMORY CARE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. -2025
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located east of Aztec Drive from the Rural and I-2 Zoning Districts to the RM-2.5 Zoning District. Exhibit A, included with this
Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
_______________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 2025.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF ASPEN ESTATES FOR BILL WELCH
BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel(s) legally described in Exhibit A attached, named Aspen
Estates for Bill Welch dated June 27, 2025, and consisting of 1.1 acres into one lot, a copy of
which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for a Zoning District change, approval of a Site Plan Review, approval of Findings of Fact in Support of Park Dedication Fees and approval of the Development Agreement.
ADOPTED by the Eden Prairie City Council on the 12th day of August, 2025.
___________________________ Ronald A. Case, Mayor ATTEST:
__________________________ David Teigland, City Clerk
EXHIBIT A
Preliminary Plat
Legal Description Prior to Final Plat
Parcel A Lot 1, Block 2, Aztec Drive Addition Hennepin County, Minnesota
Abstract Property Parcel B
The South 60 feet of the North 260 feet of the West 585 feet of the Northwest
Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 23, Township 116 North, Range 22 West, Hennepin County, Minnesota, EXCEPT road. Abstract Property
Legal Description After the Final Plat Lot 1, Block 1, Aspen Estates
Hennepin County, Minnesota
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR ASPEN ESTATES ASSISTED LIVING AND MEMORY
CARE WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a
reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in
accordance with the schedule to be set by resolution of the Council;
WHEREAS, the Aspen Estates Assisted Living and Memory Care project includes subdivision of property pursuant to City Code Chapter 12 and construction of a 10,761 square foot care facility (the “Project”);
WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use of the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $5,500 per unit,
which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its August 12, 2025 meeting and further reviewed the Project at its September 16, 2025 meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication for the Aspen Estates Assisted Living and Memory Care project:
1. The Project does not include available land that is suitable for parkland. The land areas outside of the developable area include a roadway, commercial development and residential development.
2. The Project includes the construction of a 10,761 square foot care facility with residents and employees that are expected to use the City’s public park and trail systems.
3. The Project is directly connected to public trails and sidewalks providing access to parks and open spaces, further increasing the likelihood that residents and employees of the Project will use the City’s trails, parks, and open spaces.
4. Residents and employees may walk or bicycle to work using the public trails.
5. The Eden Prairie Pedestrian and Bike Plan recommends a shared use path along Flying
Cloud Drive in the future, which will expand the options for walking or biking.
6. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including the residents and employees of the Project.
7. The need for parkland created by the Project is roughly proportional to the cash park fee
amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City to improve City park and recreational facilities that are likely to be used by residents and employees of the Project.
ADOPTED by the City Council of the City of Eden Prairie this 12th day of August, 2025.
___________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
Planning Commission Agenda Staff Report
Date: July 14, 2025
Location: East of Aztec Drive
Subject: Aspen Estates Assisted Living and Memory Care
From: Beth Novak-Krebs, Senior Planner
Applicant: Bill Welch
Review period
expires:
October 23, 2025
ITEM DESCRIPTION
The applicant is requesting approval to construct a 15-unit assisted living and memory care facility.
The building is proposed as a 10,761 square foot single-story structure. The property is located east of
Aztec Drive across from Caliber Collision. The site consists of two parcels equaling 1.1 acres. The parcels
are currently undeveloped. There are residential uses to the east, office uses to the north and
commercial uses to the west and south.
REQUESTED ACTIONS
• Zoning District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on 0.199 acres
• Preliminary Plat to combine two parcels into one lot on 1.1 acres
• Site Plan Review on 1.1 acres
BACKGROUND
COMPREHENSIVE PLAN AND ZONING
The property is guided Medium
Density Residential in Aspire 2040,
which allows a density of 5 to 14 units
per acre. The proposed density is 13.6
units per acre.
The larger parcel is currently zoned I-2
and the smaller parcel to the south is
zoned Rural. The applicant is
requesting to rezone both parcels to
RM-2.5, which allows a maximum
density of 17.4 units per acre. The
proposed density of the project is
consistent with both the guiding and
proposed zoning.
Project Site
Staff Report – Aspen Estates Assisted Living and Memory Care July 14, 2025 Page 2 SITE PLAN
The front of the building, including
the primary building entrance, will
face Aztec Drive. Parking and
access to the site will be located on
the southern end of the property.
A single stall garage is located on
the south side of the building along
with a secondary building
entrance. In the back of the
building, the applicant is proposing
a fenced outdoor area for the
residents. This area includes a
patio, walking path and raised
planters.
PRELIMINARY PLAT
The applicant is proposing a
preliminary plat to combine the
two parcels into one single lot. The
larger parcel is a platted lot (Lot 1,
Block 2, Aztec Drive Addition). The
smaller parcel is an unplatted parcel. Since one of the drainage and utility easements, associated
with the existing platted lot, would cut across the proposed new lot, the applicant is proposing to
vacate all the existing drainage and utility easements on the current plat and provide new drainage
and utility easements through the new platting process. The applicant has submitted an application
to vacate the easements.
TRAFFIC STUDY
Based on the traffic memo, traffic impact from the proposed use is minimal. The trip generation
information provided by the applicant anticipates approximately 3 trips during the AM peak hour
and 4 trips during the PM peak hour. According to the data, there could be 42 daily trips. This would
include staff, deliveries, and visitors. There is no direct traffic connection to the residential property
to the east.
PARKING
The project requires 9 parking stalls and the site plan includes 9 parking stalls. The parking is located
at the south end of the site near the side entrance into the building and the garage.
SIDEWALKS
There is an existing sidewalk along the east side of Aztec Drive from Anderson Lakes Parkway to just north of the subject property. The applicant is proposing to install a sidewalk in the Aztec Drive right-of-way from the end of the existing sidewalk south to the easternmost driveway belonging to the property at 9051 Flying Cloud Drive. This extends the sidewalk to within approximately 300 feet
of Flying Cloud Drive. The Eden Prairie Pedestrian and Bike Plan recommends a shared use path
along Flying Cloud Drive in the future expanding the options for walking or biking.
Staff Report – Aspen Estates Assisted Living and Memory Care July 14, 2025 Page 3 BUILDING ARCHITECTURE AND MATERIALS
The building is designed to resemble a single-family home. The building includes dormers to visually
minimize the large roof structure, a covered ‘porch’ area at the building entrance oriented toward
Aztec Drive, window placement similar to single-family homes, building placement providing for a
landscaped front yard, a side loaded garage and parking on the side of the building. These design
elements are intended to appeal to potential residents and blend into the existing residential
characteristics. The single-family homes to the east on Cold Stream Lane are all two-stories built in
the mid-2000’s. The homes are setback at least 30 feet with well-established landscaped front
yards. Some of the homes have dormers.
The building materials for this project include stone, glass, fiber cement siding, some wood trim and
some metal. Each facade complies with the building material standards.
Staff Report – Aspen Estates Assisted Living and Memory Care July 14, 2025 Page 4 USABLE OPEN SPACE
The proposed use requires 2,250 square feet of usable open space. The plan as proposed complies
with this requirement. There is a library and gathering space inside the building and a large fenced
open space in back of the building with a patio, walking path, grass area and raised planter beds.
WETLAND
A small wetland has been identified to the south of this property. The wetland buffer and the
structure setback from the wetland does not impact this property.
DRAINAGE/STORMWATER MANAGEMENT
The site’s stormwater management is provided by two basins. The largest of these basins is intended
to infiltrate stormwater runoff, thereby preventing stormwater pollutants and excess runoff from
being directed to downstream water resources. Stormwater management meets City requirements.
UTILITIES
Sanitary sewer and water are readily available for connection to the proposed project. An existing
water line is located just beyond the northwest corner of the property. An existing sanitary sewer
line runs through the 20-foot-wide drainage and utility easement along the north property line.
LANDSCAPING AND TREE REPLACEMENT PLAN
The project requires 33 caliper inches of landscaping. The plan as proposed exceeds the
requirements. The plan includes a landscape buffer along the west property line, foundation
plantings, and trees throughout the site.
The applicant has provided a landscape buffer along the east property line. The plan includes a mix
of deciduous and evergreen shrubs. The plan includes groupings of Nannyberry Viburnum, which
grows up to 15 feet tall; Miss Kim Lilac, which grows up to 7 feet tall; and Technito Arborvitae, which
grows up to 10 feet tall.
The proposed project requires 242 caliper inches of tree replacement. The plan includes 56 caliper
inches for tree replacement. To comply with City Code, the applicant is required to pay a fee in-lieu
of tree replacement for the remaining caliper inches.
INCLUSIONARY HOUSING
The configuration and design of the project does not meet the applicability standards of the
Inclusionary Housing ordinance. Therefore, the project is exempted from the inclusionary housing
requirements.
SUSTAINABILITY
In the project narrative, the applicant listed several sustainable features that will be incorporated
into this project:
• Rain garden
• Native plantings
• High efficiency mechanical equipment, occupancy sensors, and green sensitive building
materials.
Staff Report – Aspen Estates Assisted Living and Memory Care July 14, 2025 Page 5 PARK FEES
Although the larger parcel was platted along with the Caliber Collision property, park fees were only
paid on the Caliber Collision lot. Since park fees have not been paid for the larger lot and the smaller
parcel has never been platted, payment of cash park fees is required for this project. The
Development Agreement will include language regarding payment of park dedication fees.
AIRPORT
The property is located within Safety Zone C as designated in the Flying Cloud Airport Zoning
Ordinance adopted by the Flying Cloud Airport Joint Airport Zoning Board (JAZB) on April 10, 2019.
The allowable construction height limits of the JAZB far exceed the proposed structure heights and
the construction equipment heights of this project, but the applicant will be required to submit
information documenting that an Airport Zoning Permit is not necessary. The property is also
located within the airport buffer zone requiring noise attenuation. The Development Agreement will
address disclosure of information regarding Flying Cloud Airport, interior noise mitigation, and the
airport zoning permit.
SIGNS
The site plan shows a monument sign near the driveway into the site. This sign will require a
separate application for a sign permit and must comply with City Code requirements.
LIGHTING
The lighting plan includes a pole light along the driveway and one near the parking stalls, wall
sconces on the garage and at the side door, lighted bollards, and recessed lights in the front entrance
and the patio area. The lighting as proposed is compliant with City Code.
NEIGHBORHOOD MEETING AND RESIDENT INPUT
The applicant held a neighborhood meeting on Wednesday, May 28, 2025. The invite to the meeting
was sent to 57 addresses and 4 people attended the meeting. According to the applicant, the
attendees are supportive of the project. One of the couples in attendance live on the east side of
the subject property and share a lot line with the project. They wanted more information about the
trees that will remain and the plantings being proposed along the east property line.
STAFF RECOMMENDATION
Recommend approval of the following requests:
• Zoning District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on 0.199
acres
• Preliminary Plat to combine two parcels into one lot on 1.1 acres
• Site Plan Review on 1.1 acres
CONDITIONS OF APPROVAL
This is based on plans dated June 27, 2025 and the following conditions:
1. Prior to the 1st reading by the City Council, the applicant must:
A. On all the plan sheets, label the two parking stalls at the end of the parking lot as
“Future Parking.”
B. Show the new location of the trash enclosure on all the plan sheets and label it.
Staff Report – Aspen Estates Assisted Living and Memory Care July 14, 2025 Page 6
2. Prior to release of the final plat, the applicant must:
A. Obtain approval to vacate easements
B. Pay connection fees.
C. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees
completion of all public improvements equivalent to 125% of the cost of the
improvements.
D. Provide copies of legal documents, either in Association format or private covenant
and agreement format to be approved by the City that shall address the following:
• Describe the long term private maintenance or replacement agreement for the
retaining walls.
• Insertion of language in the documents that relinquishes the City of Eden Prairie
from maintenance or replacement of the retaining walls.
3. 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 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.
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. Make a cash payment for Tree Replacement as provided by City Code.
M. Obtain a building permit for retaining wall construction from the City for any
retaining walls greater than four feet in height.
N. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125%
of the cost of the land alteration.
O. Obtain confirmation from the City that an Airport Permit is not required.
P. Provide proof that the Inspection and Maintenance Agreement for Private
Stormwater Facilities has been recorded.
4. Prior to building permit issuance for the property, the applicant must:
A. Pay the appropriate cash park fees.
B. Provide recorded copies of any private covenants and agreements to the City
following recording of the final plat.
Staff Report – Aspen Estates Assisted Living and Memory Care July 14, 2025 Page 7 5. 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.
E. Complete implementation of the approved exterior materials and colors plan.
F. Install all the features that are intended to meet the Usable Open Space
requirement.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JULY 14, 2025 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice Chair Duncan called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Pieper, Sherwood, Kirk, and Weber were absent.
III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Farr to approve the agenda. MOTION
CARRIED 5-0.
IV. MINUTES
MOTION: Farr moved, seconded by Taylor to approve the minutes of June 23, 2025
amended to clarify the word “the” on page three to “there” (Item V). MOTION
CARRIED 5-0.
V. PUBLIC HEARINGS
A. ASPEN ESTATES ASSISTED LIVING AND MEMORY CARE (2025-04)
• Zoning District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on 0.199 acres
• Preliminary Plat to combine two parcels into one lot on 1.1 acres
• Site Plan Review on 1.1 acres
PLANNING COMMISSION MINUTES July 14, 2025
Page 2
Bill Welch displayed a PowerPoint and detailed the application. This would be a
locked-down assisted living and memory care facility to prevent any (rare)
wandering by the residents. This facility would offer a higher level of care with a resident-to-staff ratio (1:5). The concept was to have the residents living mostly in the living room and
kitchen, rather than in isolated rooms. Welch displayed exterior views of the
single-level, 11,000 square foot facility. The materials would be hardy board and white stone. An exterior circular walking path and an interior walking track would be provided, along with raised planters in back, shaded areas, and back exterior garbage. Resident rooms would have their own heat and air conditioning via
individual thermostats. There would also be tiled bathrooms and showers.
The site would offer nine parking spots and one garage spot. The site was located north of TGK Auto and east of Caliber Collision on Aztec
Drive. There was residential to the east and to the north, single-level office suites.
Welch displayed the preliminary plat and explained the project was combining two lots. He displayed the site plan and stated the project would add sidewalk along the west side of the property. There would be a stormwater holding pond on the west side of the property. Welch displayed the landscaping plan showing the
tree planting and the entire line of shrubs to be added at the request of
neighboring homeowners. Welch stated he had notified 60 neighbors, and one couple attended the public meeting. They were very supportive. Welch added he had met with the HOA
President who also notified neighbors and very supportive as well.
Taylor asked for and received confirmation there would be physical therapy in addition to the amenities listed. Welch stated a variety of therapies and approaches would be used, including mental and physical therapies and exercise
programs. He envisioned the facility as a landing spot for outside services, such as
the Blue Stone organization, which would visit on site. In addition, there would be a full-time, 24/7 on-site nurse, LPNs, and other staff. Sivilay asked if the units could accommodate two residents, rather than one
resident. Welch replied there would be 13 single units and two double-occupancy units. Sivilay asked how many staff there would be and if the families visiting would have to park on street. Welch replied there would be 25-30 rotating staff (some full time, some part time) and never more than six staff onsite at one time: three caregivers, the chef, a licensed administrator, and the nurse.
Barnhart presented the staff report. The application asked for a single-story 15-unit assisted living facility with 13 single-occupancy rooms and two rooms offering double occupancy. The Zoning Ordinance change was consistent with the
PLANNING COMMISSION MINUTES July 14, 2025
Page 3
Comprehensive Plan. There would be no connection to the residential
neighborhoods to the west and the northeast. The building materials employed
would be stone, glass, and fiber cement and wood trim, and also met the Zoning Code. The development met the Zoning Code, and no waivers were requested. The
density, landscaping and setbacks were in compliance and the parking exceeded
the parking requirement. (The garage space parking had not been counted as parking.) Visitors could park on Aztec Drive for parties, holidays, and other visits. Staff recommended approval.
Farr asked for and received confirmation the building had a sprinkler system and
that the Fire Department approved of the access. Barnhart replied staff collaborated closely with the Fire Department. Farr asked if the line of shrubs was an extra, voluntary buffer. Barnhart replied the city always looks for a maximum amount of screening in these infill projects. The applicant added a row of shrubs
to facilitate this.
MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 5-0.
Farr stated this project was a great infill opportunity and commended the
architect’s work. Sivilay concurred, saying the development blended in well with the rest of the neighborhood. Taylor complimented the scale of the facility which would provide more personal care. Duncan agreed with these comments.
MOTION: Farr moved, seconded by Grote to recommend approval of the
Planned Unit Zoning District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to RM-2.5 on 0.199 acres; Preliminary Plat to combine two parcels into one lot on 1.1 acres; and Site Plan Review on 1.1 acres as recommended by the staff report dated July 14, 2025. Motion carried 5-0.
PLANNERS’ REPORT MEMBERS’ REPORTS
VI. ADJOURNMENT MOTION: Taylor moved, seconded by Grote to adjourn. Motion carried 5-0. The meeting was adjourned at 7:28 p.m.
City Council Agenda Cover Memo
Date: August 12, 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 319496 - 319601
Checks 5000286 - 5001081
Wire Transfers 11544 - 11679
Purchasing Card 11632
ATTACHMENTS
Check Register
Check Summary
City of Eden Prairie
Council Check Summary
8/12/2025
Divison Description Amount Divison Description Amount
000 General Total 80,407 601 Prairie Village Liquor Total 166,610
100 City Manager Total (2,390) 602 Den Road Liquor Total 316,390
101 Legislative Total 7,897 603 Prairie View Liquor Total 235,432
102 Legal Counsel Total 38,240 605 Den Road Building Total 3,401
110 City Clerk Total 1,430 701 Water Enterprise Fund Total 857,118
111 Customer Service Total 3,332 702 Wastewater Enterprise Fund Total 507,765
112 Human Resources Total 939 703 Stormwater Enterprise Fund Total 79,411
113 Communications Total 20,926 Total Enterprise Fund 2,166,127
114 Benefits & Training Total 9,593
130 Assessing Total 1,728 316 WAFTA Total 66
131 Finance Total 2,479 802 494 Commuter Services Total 68,446
132 Housing and Community Services Total 37,444 806 SAC Agency Fund 22,365
136 Public Safety Communications Total 6,124 807 Benefits Fund Total 2,036,770
137 Economic Development Total 54 811 Property Insurance Total 4,290
150 Park Administration Total 3,197 812 Fleet Internal Service Total 114,412
151 Park Maintenance Total 142,399 813 IT Internal Service Total 325,611
153 Organized Athletics Total 1,764 814 Facilities Capital ISF Total 49,108
154 Community Center Total 25,463 815 Facilities Operating ISF Total 150,414
155 Beaches Total 978 816 Facilities City Center ISF Total 75,119
156 Youth Programs Total 32,932 817 Facilities Comm. Center ISF Total 105,412
157 Special Events Total 31,571 818 Dental Insurance Total 28,114
158 Senior Center Total 2,768 820 Fencing Consortium Total 24
159 Recreation Administration Total 13,667 Total Internal Svc/Agency Funds 2,980,150
160 Therapeutic Recreation Total 899
162 Arts Total 34,594 Report Total 14,934,938
163 Outdoor Center Total 2,108
168 Art Center Total 3,848
180 Police Sworn Total 121,473
184 Fire Total 102,544
186 Inspections Total 5,359
200 Engineering Total 68,518
201 Street Maintenance Total 143,380
202 Street Lighting Total 83,412
Total General Fund 1,029,078
301 CDBG Total 20,150
303 Cemetery Operation Total 7,101
312 Recycle Rebate Total 270
322 Local Affordable Housing Aid Total 68,658
804 100 Year History Total 2,322
Total Special Revenue Fund 98,501
304 Senior Board Total 400
308 E-911 Total 839
314 Special Investigations Total 1,556
315 Economic Development Total 1,778,027
445 Cable PEG Total 850
502 Park Development Total 821
509 CIP Fund Total 4,260,492
512 CIP Trails Total 22,195
513 CIP Pavement Management Total 580,167
526 Transportation Fund Total 17,835
539 2020 Improvement Projects Total 7,094
541 DELL RD (CRESTWOOD TO CSAH 61) To 18,657
542 Willow Creek Street/Utilities Total 2,415
543 Police Remodel Total 1,554,244
544 Shady Oak (FCD to Valley View) Total 415,489
Total Capital Projects Fund 8,661,082
City of Eden Prairie
Council Check Register
8/12/2025
Amount Vendor Name Account Description Business Unit Comments3,180,000 MACQUEEN EQUIPMENT INC Autos Capital Maint. & Reinvestment New Fire Trucks stock C040355
811,551 MACQUEEN EQUIPMENT INC Autos Capital Maint. & Reinvestment New Skeeters stock C040350 and other equipment
573,325 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Remodel
461,334 PARAVEL TIF Payment TIF-Paravel/Castle Ridge 1st Half TIF Payment
396,352 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee Aug 2025
395,048 HEALTHPARTNERS Insurance Health & Benefits JULY25 PREMIUMS
369,010 VALLEY PAVING INC OCS-Other Contracted Services Shady Oak (FCD to Valley View)Shady Oak Road improvements
361,537 UKG INC Payroll Taxes Health & Benefits Garnishments/Payroll Taxes PR Period Ending 06.27.25
358,117 UKG INC Payroll Taxes Health & Benefits Garnishments/Payroll Taxes PR Period Ending 07.11.25
343,512 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 1st Half TIF Payment
322,940 CORRECTIVE ASPHALT MATERIALS LLC Surface Seal Streets Pavement Surface Seal Project 2025
310,895 ELLIE MULTIFAMILY PROPERTY LLC TIF Payment TIF-Ellie Apartments 1st Half TIF Payment
243,235 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 06.27.25
242,177 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Period Ending 06.13.25
230,177 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel Police Remodel Project
214,133 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 1st Half TIF Payment
200,141 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies
188,700 TYLER TECHNOLOGIES INC Software Maintenance IT Operating Tyler New World Annual Maintenance '25
185,250 WEX Health Savings Account Health & Benefits HSA PPE 06.27.25
158,073 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax June 2025
155,191 CURB MASTERS INC Pavement Rehab Streets Pavement Pavement and Trails Rehab
139,181 CLAREY'S SAFETY EQUIPMENT Other Assets Capital Maint. & Reinvestment Fire Rescue Tools
133,154 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel Police Remodel Project
132,495 RENEW TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st Half TIF Payment
131,457 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza 1st Half TIF Payment
127,667 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel Police Remodel Project
126,925 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital Well 10 Rehab
123,975 CORE MECHANICAL SERVICES LLC OCS-Other Contracted Services Police Remodel Police Remodel Project
119,961 REPUBLIC SERVICES #894 OCS-Other Contracted Services Street Maintenance Drop Off Day Contract with Republic
115,377 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st Half TIF Payment
109,032 PETERSON COMPANIES OCS-Other Contracted Services Police Remodel EPPD Renovation Fencing
107,021 SUPER SET FLOORING & TILE LLC OCS-Other Contracted Services Police Remodel EPPD Renovation Flooring
93,673 USB-PURCHASING CARD Various Various Funds
84,277 LOGIS LOGIS IT Operating
79,334 XCEL ENERGY Electric Street Lighting
76,475 MINNESOTA UTILITIES & EXCAVATING LLC OCS-Other Contracted Services Police Remodel
70,644 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Water Capital
65,057 A PLUS SEALCOATING LLC Pavement Rehab Streets Pavement
64,991 APADANA ENERGY LLC OCS-Other Contracted Services Sustainable Eden Prairie
62,521 HYDROCORP Improvement Contracts Water Capital
55,813 SRF CONSULTING GROUP INC Design & Engineering Shady Oak (FCD to Valley View)
53,201 INNOVATIVE HIGH PERFORMANCE COATINGS LLC OCS-Equipment/Vehicles Wastewater Collection
48,721 SOUTH METRO PUBLIC SAFETY TRAINING FACIL OCS-Other Contracted Services Public Safety Training Facility
48,407 GRAYMONT Chemicals Water Treatment
46,220 XCEL ENERGY Electric Various Funds
44,175 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel
42,026 STREET SMART RENTAL Machinery & Equipment Capital Maint. & Reinvestment
36,438 WSB & ASSOCIATES INC Design & Engineering Various Funds
35,987 HULS BROKERAGE INC Lime Residual Removal Water Treatment
35,514 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
35,000 WATERMARK TITLE AGENCY OCS-Other Contracted Services Local Affordable Housing Aid
33,897 VOYA Deferred Compensation Health & Benefits
33,716 VOYA Deferred Compensation Health & Benefits
33,695 RAINBOW TREECARE OCS-Other Contracted Services Tree Disease
33,570 VOYA Deferred Compensation Health & Benefits
Amount Vendor Name Account Description Business Unit Comments32,839 HENNEPIN COUNTY TREASURER OCS-Other Contracted Services Police Sworn
31,958 PROP OCS-Other Contracted Services Local Affordable Housing Aid
30,892 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
30,796 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
29,643 XCEL ENERGY Electric Various Funds
29,046 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
27,474 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal
27,427 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
27,410 DINIUS FENCE LLC OCS-Other Contracted Services Capital Maint. & Reinvestment
26,679 H&R CONST CO OCS-Other Contracted Services Capital Maint. & Reinvestment
26,644 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police
23,902 GRAYMONT Chemicals Water Treatment
23,877 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
23,604 CENTERPOINT ENERGY Gas Various Funds
23,324 MINNESOTA NATIVE LANDSCAPES OCS-Other Contracted Services Park Maintenance
22,422 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds
22,141 METROPOLITAN COUNCIL Due to Other Governments SAC
22,065 BPAS Health Savings Account Health & Benefits
22,034 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
21,922 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds
21,916 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds
21,086 GOODPOINT TECHNOLOGY INC Pavement Rehab Streets Pavement
20,806 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
20,686 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits
20,465 WEX Health Savings Account Health & Benefits
20,237 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
19,885 W W GOETSCH ASSOCIATES INC R&M Supplies-Other Water Treatment
19,867 CUSTOMIZED FIRE RESCUE TRAINING INC Reimbursable Training Fire
19,745 GOOSE CREW LLC OCS-Other Contracted Services Stormwater Non-Capital
19,595 HOUSTON ENGINEERING INC Design & Engineering Trails
19,000 BADGER STATE INSPECTION LLC OCS-Equipment/Vehicles Water Supply (Wells)
18,973 WEX Health Savings Account Health & Benefits
18,655 SEBCO INC OCS-Other Contracted Services Various Funds
18,619 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
18,176 WALL TRENDS INC OCS-Building Various Funds
18,051 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor Store
17,373 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds
17,263 STREICHERS Clothing & Uniforms Police Sworn
17,055 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor Store
17,047 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds
16,765 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds
16,700 PINNACLE DESIGN & REMODELING LLC OCS-Other Contracted Services Local Affordable Housing Aid
16,610 WATERFRONT RESTORATION LLC OCS-Other Contracted Services Stormwater Non-Capital
16,387 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds
15,994 PURE FILTRATION LLC R&M Supplies-Other Water Treatment
15,863 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
15,765 PAYCHEX Payroll 494 Corridor Commission
15,762 PAYCHEX Payroll 494 Corridor Commission
15,683 GRAYMONT Chemicals Water Treatment
15,461 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds
15,422 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds
15,352 CHASE Credit Card/Bank Fees Various Funds
15,229 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating
15,219 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds
15,072 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds
15,026 ESS BROTHERS & SONS INC R&M Supplies - Other Wastewater Collection
14,805 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds
14,534 BOUND TREE MEDICAL LLC OCS-Equipment/Vehicles Fire
14,399 HOOTSUITE Dues & Subscriptions Liquor Funds
Amount Vendor Name Account Description Business Unit Comments13,855 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds
13,685 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal
13,680 HAWKINS INC Chemicals Water Treatment
13,545 TWO TEACHERS CONSTRUCTION Accounts Receivable TIF-Eden Shores Senior Housing
13,353 BADGER METER Telephone Water Metering
13,200 CARD CONNECT Credit Card/Bank Fees Various Funds
13,040 PARIS PAINTING LLC OCS-Other Contracted Services Facilities Capital
13,000 RIGHTLINE DESIGN LLC OCS-Other Contracted Services Communications
12,824 BIFFS INC Waste Disposal Park Maintenance
12,705 EXCEL LAWN & LANDSCAPE OCS-Lawn Maintenance Various Funds
12,500 THE HOME DEPOT Accounts Receivable TIF-Eden Shores Senior Housing
12,220 HAWKINS INC Chemicals Water Treatment
12,175 HOHENSTEINS INC Liquor Product Received Liquor Funds
11,817 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement
11,786 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds
11,619 HAWKINS INC Chemicals Water Treatment
11,500 TWIN CITY HARDWARE OCS-Other Contracted Services Facilities Capital
11,260 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds
11,160 CENTERPOINT ENERGY Gas Water Treatment
10,933 ST. PAUL PORT AUTHORITY Deposits General Fund
10,433 BMC HELIX INC Software Maintenance IT Operating
10,375 PROP OCS-Other Contracted Services Housing and Community Service
10,353 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health & Benefits
10,271 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating
10,160 SUMMIT FIRE PROTECTION OCS-Safety Various Funds
10,150 LIBERTY COMFORT SYSTEMS OCS-Other Contracted Services Rehab
10,078 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Stormwater Capital
9,956 ZIEGLER INC
9,778 MACQUEEN EQUIPMENT INC
9,720 SSI KEF SLB LLC
9,625 SENIOR COMMUNITY SERVICES
9,500 SONUS INTERIORS INC
9,455 WALL TRENDS INC
8,918 SLAMHAMMER SOUND CO, INC
8,761 STANTEC CONSULTING SERVICES INC
8,640 INTIME SERVICES INC
8,618 MVP CRICKET LLC
8,464 PHILLIPS WINE AND SPIRITS INC
8,321 CONSTRUCTION RESULTS CORPORATION
8,288 PEARSON BROTHERS INC
8,216 CAPITOL BEVERAGE SALES LP
8,055 AERG GTS PHASE 1 LLC
7,897 BRIDGEWATER BANK
7,712 BRAUN INTERTEC CORPORATION
7,638 HENNEPIN COUNTY TREASURER
7,601 STREICHERS
7,569 BREAKTHRU BEVERAGE MN WINE & SPIRITS
7,505 ELIZABETH RIVARD
7,500 BADGER STATE INSPECTION LLC
7,264 HAMMER COMMUNITY SOLAR LLC
7,239 PHILLIPS WINE AND SPIRITS INC
7,129 DG MINNESOTA CS 2021 LLC
6,988 BRAUN INTERTEC CORPORATION
6,956 CITY OF EDEN PRAIRIE
6,713 CATALYST GRAPHICS INC
6,703 MARTIN MARIETTA MATERIALS
6,686 DUSTBUSTER'S PAVEMENT SWEEPING, LLC
6,645 VAN PAPER COMPANY
6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION
Amount Vendor Name Account Description Business Unit Comments6,472 ARTISAN BEER COMPANY
6,458 HORIZON COMMERCIAL POOL SUPPLY
6,250 SOJOURNER PROJECT INC.
6,233 HEALTHPARTNERS
6,218 SOUTHERN ALUMINUM MANUFACTURING ACQUISIT
6,193 HLS OUTDOOR
6,146 HEALTHPARTNERS
6,020 GENUINE PARTS COMPANY
5,970 UNITED STATES CONFERENCE OF MAYORS, THE
5,918 ARTISAN BEER COMPANY
5,917 USA INFLATABLES
5,805 MHSRC/RANGE
5,766 HINTERLAND CSG LLC
5,722 HEALTHPARTNERS
5,709 HEALTHPARTNERS
5,672 LEADSONLINE LLC
5,643 A TO Z RENTAL CENTER
5,600 PIONEER ATHLETICS
5,562 HEALTHPARTNERS
5,518 METRO SALES INCORPORATED*
5,471 MUSIC TOGETHER IN THE VALLEY LLC
5,448 XCEL ENERGY
5,433 GARTNER REFRIGERATION & MFG INC
5,358 CEMSTONE PRODUCTS COMPANY
5,302 VERIZON WIRELESS
5,300 SHADYWOOD TREE EXPERTS INC
5,288 ARTISAN BEER COMPANY
5,287 SSI KEF SLB LLC
5,262 INVER GROVE HYUNDAI
5,188 CONTRACT HARDWARE CO, INC
5,110 MARTIN MARIETTA MATERIALS
5,014 MADISON NATIONAL LIFE INSURANCE CO INC
4,867 FERGUSON WATERWORKS
4,865 PRECISION UTILITIES
4,780 RISE RIGHT LLC
4,777 STELLAR WILDLIFE SOLUTIONS
4,767 U.S. BANK - I-494 PURCH. CARD
4,730 CEMSTONE PRODUCTS COMPANY
4,720 MINNESOTA / WISCONSIN PLAYGROUND
4,672 LAW ENFORCEMENT LABOR SERVICES INC.
4,639 BELLBOY CORPORATION
4,600 CASTRO CLEANING LLC
4,530 AERO DRAPERY AND BLIND
4,460 CEMSTONE PRODUCTS COMPANY
4,453 SOBANIA COMMUNITY SOLAR
4,390 ARTISAN BEER COMPANY
4,316 VISU-SEWER, LLC
4,241 METRO SALES INCORPORATED*
4,213 XIGENT SOLUTIONS LLC
4,127 HOME DEPOT CREDIT SERVICES
4,125 EDEN PRAIRIE EARLY CHILDHOOD
4,083 A TO Z RENTAL CENTER
4,049 WINEBOW
4,000 MESSERLI & KRAMER
4,000 MESSERLI & KRAMER
3,986 MINNESOTA VALLEY ELECTRIC COOPERATIVE
3,925 PALADIN TECHNOLOGIES
3,922 2N SYSTEMS LLC
3,902 ADESA MPLS
Amount Vendor Name Account Description Business Unit Comments3,896 WM CORPORATE SERVICES INC
3,864 CRANE ENGINEERING SALES LLC
3,832 HOHENSTEINS INC
3,800 ZOLL MEDICAL CORPORATION
3,750 CREW CARWASH
3,726 SYMETRA LIFE INSURANCE COMPANY
3,664 TRUE NORTH CONSULTING GROUP
3,638 PAUSTIS & SONS COMPANY
3,615 VESSCO INC
3,607 STANTEC CONSULTING SERVICES INC
3,563 GOVERNMENTJOBS.COM INC
3,519 SRF CONSULTING GROUP INC
3,500 BADGER STATE INSPECTION LLC
3,499 DESIGN 1 OF EDEN PRAIRIE
3,496 CENTERSTAGE PRODUCTIONS LLC
3,491 INTERTECH INC
3,416 INVOICE CLOUD INC
3,402 ETHANOL PRODUCTS LLC
3,402 CORE & MAIN
3,333 LOCKRIDGE GRINDAL NAUEN PLLP
3,322 HOHENSTEINS INC
3,315 REVOLUTIONARY SPORTS, LLC
3,300 ST CROIX ENVIRONMENTAL INC
3,300 BLUEBEAM INC
3,300 IMPACT PROVEN SOLUTIONS
3,278 PROGRESS SOFTWARE CORPORATION
3,262 T-MOBILE
3,246 FIRE SAFETY USA INC
3,235 CLAREY'S SAFETY EQUIPMENT
3,220 ADVANTAGE PROPERTY MAINTENANCE INC
3,180 BIFFS INC
3,164 J&L STEEL ERECTORS LLC
3,128 FERGUSON WATERWORKS
3,125 RELATE COUNSELING CENTER
3,071 WEX
3,000 YMCA OF THE NORTH
2,975 LEAGUE MN CITIES INS TRUST
2,952 PAUSTIS & SONS COMPANY
2,878 CLEAR RIVER BEVERAGE CO
2,870 SHADYWOOD TREE EXPERTS INC
2,846 CLEAR RIVER BEVERAGE CO
2,838 CLAREY'S SAFETY EQUIPMENT
2,783 H2I GROUP
2,750 HENNEPIN HEALTHCARE
2,732 GREAT LAKES COCA-COLA DISTRIBUTION
2,667 GRAINGER
2,656 PRESCRIPTION LANDSCAPE
2,645 LLOYDS CONSTRUCTION
2,630 WINE MERCHANTS INC
2,628 BELLBOY CORPORATION
2,625 MINNESOTA DEPARTMENT OF EMPLOYMENT
2,617 SYMBOLARTS
2,612 FIRE SAFETY USA INC
2,604 BCM ONE
2,557 HEALTHPARTNERS
2,524 SHORT ELLIOTT HENDRICKSON INC
2,522 BARGHAUSEN CONSULTING ENGINEERS INC
2,505 MENARDS
2,459 H M CRAGG CO
Amount Vendor Name Account Description Business Unit Comments2,450 AUDIOQUIP INC
2,439 HIRSHFIELD'S
2,439 ARVIG
2,429 SUMMIT FIRE PROTECTION
2,429 UKG INC
2,415 BOLTON & MENK INC
2,380 AMAZING ATHLETES OF CENTRAL MN
2,375 HOMELINE
2,345 MARTIN MARIETTA MATERIALS
2,320 FLT EDENVALE 7J MISSION SOCIAL LLC
2,310 SUMMER LAKES BEVERAGE LLC
2,300 HD ENTERTAINMENT INC
2,300 KRAFT MATTHEW E
2,300 CHURCH OF CASH LLC
2,272 LEGACY GYMNASTICS
2,271 PERA
2,271 PERA
2,250 ENRIQUE MENDEZ SILVA
2,230 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M
2,230 ANCHOR PAPER COMPANY
2,224 PAYA
2,210 MINNESOTA HISTORICAL SOCIETY
2,186 WSB & ASSOCIATES INC
2,185 FASTENAL COMPANY
2,162 WINE MERCHANTS INC
2,161 FLYING CLOUD TRANSFER STATION 4553
2,157 POMP'S TIRE SERVICE INC
2,133 FOUR INC
2,125 ONWARD EDEN PRAIRIE
2,105 GYM WORKS
2,013 FASTSIGNS
2,004 BELLBOY CORPORATION
2,000 DIETHELM, TAMMY L
2,000 WILLENBRING DENISE
2,000 LINDQUIST VICKI
1,967 WINE COMPANY, THE
1,958 AMERICAN EXPRESS
1,955 MILLS AFTERMARKET ACCESSORIES INC
1,946 NATIONAL BUSINESS FURNITURE
1,919 VAN PAPER COMPANY
1,914 OUTDOOR ENVIRONMENTS INC
1,913 GYM WORKS
1,900 CORDELL LEONARD MEDINA
1,894 DAVE SHEPARD
1,875 MOVEFWD INC
1,872 GREAT LAKES COCA-COLA DISTRIBUTION
1,871 EDESKUTY, OLIVIA GRACE VON
1,863 AIRGAS USA LLC
1,860 CASTREJON INCORPORATED
1,854 DREW'S CONCESSIONS LLC
1,840 WEX
1,825 CLEAR RIVER BEVERAGE CO
1,823 GOPHER STATE ONE-CALL
1,822 WINEBOW
1,819 GARTNER REFRIGERATION & MFG INC
1,817 CENTER FOR ENERGY AND ENVIRONMENT
1,808 POMP'S TIRE SERVICE INC
1,800 WARHOL, MELISSA
1,792 MENARDS
Amount Vendor Name Account Description Business Unit Comments1,788 WM MUELLER AND SONS INC
1,780 LEAST SERVICES COUNSELING
1,725 HANSON SPORTS LLC
1,700 ELIZABETH RIVARD
1,695 RON CLARK CONSTRUCTION
1,667 LEXISNEXIS RISK SOLUTIONS FL INC
1,650 RISE RIGHT LLC
1,650 AMANDA BARSNESS
1,647 FIDELITY SECURITY LIFE INSURANCE CO
1,596 WINEBOW
1,590 BELLAND, BRIANNA M
1,589 VINOCOPIA
1,549 VERSATILE VEHICLES INC
1,527 ERICKSON ENGINEERING COMPANY LLC
1,524 LYNDALE PLANT SERVICES
1,516 QUANTUM GRAPHICS INC
1,512 HENNEPIN COUNTY TREASURER
1,508 T-MOBILE
1,504 WINE MERCHANTS INC
1,500 KALPULLI MICTLAN TONATIUH LLC
1,500 NATIONAL COMPUTER TECHNOLOGIES
1,500 MINNESOTA NATIVE LANDSCAPES
1,500 SEBCO INC
1,500 AMERICAN ENVIRONMENTAL LLC
1,500 DIETHELM, TAMMY L
1,500 PETTY CASH-POLICE DEPT
1,486 CLEAR RIVER BEVERAGE CO
1,484 HIGHWAY 5 BP
1,479 MEGA BEER
1,469 COUNTY MATERIALS CORPORATION
1,440 DALE GREEN COMPANY, THE
1,440 YORKTOWN OFFICES
1,426 TWIN CITIES DOTS AND POP LLC
1,403 PRECISE MRM LLC
1,400 D H EXCAVATING
1,380 OSTROM ENTERTAINMENT LLC
1,377 SPORTS UNLIMITED
1,369 OVERHEAD DOOR CO. OF THE NORTHLAND
1,366 CLEAR RIVER BEVERAGE CO
1,360 WEX
1,355 EARL F ANDERSON
1,341 PRAIRIE ELECTRIC COMPANY
1,335 PAUSTIS & SONS COMPANY
1,329 PAUSTIS & SONS COMPANY
1,315 MCCUNE CHRIS
1,312 WEX
1,300 MARTIN-MCALLISTER
1,287 STREICHERS
1,275 M-R SIGN CO INC
1,272 TWIN CITY SEED CO
1,254 WEX
1,238 WINEBOW
1,228 JASPER ENGINEERING & EQUIPMENT COMPANY
1,200 MARIAN COACHING LLC
1,200 HEROLD MASONRY
1,195 DAIKIN APPLIED
1,185 INSIGHT BREWING COMPANY LLC
1,182 BERGMAN LEDGE LLC
1,170 MINNESOTA EQUIPMENT
Amount Vendor Name Account Description Business Unit Comments1,168 CORE & MAIN
1,164 SITEONE LANDSCAPE SUPPLY, LLC
1,159 WEX
1,157 WEX
1,155 HLS OUTDOOR
1,153 AG SPRAY EQUIPMENT
1,148 MARCO INC
1,140 FLEETPRIDE INC
1,139 SCOTT COUNTY
1,125 READY WATT ELECTRIC
1,107 BOUND TREE MEDICAL LLC
1,100 WEX
1,093 POMP'S TIRE SERVICE INC
1,088 HEALTHPARTNERS OCCUPATIONAL MEDICINE
1,085 MENARDS
1,070 MHSRC/RANGE
1,068 MENARDS
1,063 SYSCO WESTERN MINNESOTA
1,052 VINOCOPIA
1,029 USA INFLATABLES
1,027 METRO ELEVATOR
1,023 VINOCOPIA
1,009 MACQUEEN EQUIPMENT INC
1,000 NORTON HOMES LLC
1,000 DIETHELM, TAMMY L
1,000 VEIT & CO
1,000 SHIRAZI ELHAM
1,000 INDIGO SIGNWORKS, INC.
1,000 VOEHL EXCAVATING
1,000 BLUE HAZARD
996 MEDICINE LAKE TOURS
957 INTERSTATE POWER SYSTEMS INC
949 WEX
925 WEX
924 STANTEC CONSULTING SERVICES INC
918 PETTY CASH
913 HAASKEN NATHAN
900 SOMALI MUSEUM OF MINNESOTA
891 BACK CHANNEL BREWING COLLECTIVE LLC
888 MARTIN MARIETTA MATERIALS
888 BACK CHANNEL BREWING COLLECTIVE LLC
869 SOLUTION BUILDERS
850 EDINA, CITY OF
828 AMERICAN PRESSURE INC
817 WEX
816 R & R SPECIALTIES OF WISCONSIN INC
813 WOODEN HILL BREWING COMPANY LLC
812 BARREL THEORY BEER COMPANY
807 BARREL THEORY BEER COMPANY
800 ANTI SKIP PROTECTION
800 PETTY CASH
799 REINDERS INC
790 SYSCO WESTERN MINNESOTA
781 CDW GOVERNMENT INC.
769 RIVERS EDGE CONCRETE
766 ANCHOR PAPER COMPANY
760 GLOBAL RESERVE LLC
750 SEBCO INC
750 AL & ALMA'S SUPPER CLUB AND CHARTERS
Amount Vendor Name Account Description Business Unit Comments741 PMA FINANCIAL NETWORK INC
730 HEALTH STRATEGIES
722 REVOLUTIONARY SPORTS, LLC
720 PALADIN TECHNOLOGIES
717 DOMACE VINO LLC
716 PRINCIPAL FINANCIAL GROUP
711 MAVERICK WINE LLC
709 WEX
702 LOCATORS & SUPPLIES INC
701 CDW GOVERNMENT INC.
700 TAIKO ARTS MIDWEST
700 IN THE HEART OF THE BEAST
697 WEX
680 SVL
675 TWIN CITY MONUMENT CO
675 WEX
673 WEX
670 EHLERS & ASSOCIATES INC
670 SHAMROCK GROUP, INC - ACE ICE
666 CAP ELECTRIC INC
665 MANSFIELD OIL COMPANY
663 CONSTRUCTION MATERIALS INC
659 UNITED STATES TREASURY
658 CDW GOVERNMENT INC.
654 MODIST BREWING COMPANY
650 NEW FOLK PRODUCTIONS
647 ASPEN WASTE SYSTEMS INC.
638 WINE MERCHANTS INC
633 AIRGAS USA LLC
630 KELLY SWENSON
625 COMPAS
621 ALLEGRA PRINT & IMAGING
620 STEEL TOE BREWING LLC
616 A CLEAR SOLUTION AUTO GLASS REPAIR
614 VENN BREWING COMPANY
612 MTI DISTRIBUTING INC
607 SITEONE LANDSCAPE SUPPLY, LLC
602 CARLSTON, BRANDON
600 BS&A SOFTWARE
600 BIANCHINI DANIELA
600 PETERSON COUNSELING AND CONSULTING LLC
598 CARLSTON, BRANDON
595 WEX
592 WATER CONSERVATION SERVICES INC
589 PAFFY'S PEST CONTROL
585 METROPOLITAN FORD
585 CARRON NET COMPANY, INC
583 MAVERICK WINE LLC
582 BOUND TREE MEDICAL LLC
580 DODGE OF BURNSVILLE
570 ESTRINE, ROBERT
546 IDENTISYS
543 THE OASIS GROUP
537 VESTIS SERVICES LLC
536 HANSON SPORTS LLC
534 MINNESOTA DEPT OF REVENUE
531 WM MUELLER AND SONS INC
527 BARRIE SPENCER
527 US BANK - CREDIT CARD MERCHANT ONLY
Amount Vendor Name Account Description Business Unit Comments526 WOODEN HILL BREWING COMPANY LLC
525 CONOR STOEBNER
524 KILLMER RYAN
520 SHAMROCK GROUP, INC - ACE ICE
518 WINZER
507 USA INFLATABLES
505 PETERSON BROS ROOFING AND CONSTRUCTION I
504 BARREL THEORY BEER COMPANY
503 INSIGHT BREWING COMPANY LLC
500 HA THONG
500 TEDDY BEAR BAND
500 IACP
500 CORDELL LEONARD MEDINA
500 MEALS ON WHEELS
500 PRAIRIE COMMUNITY CHURCH
500 INVOICE CLOUD INC
499 WOODEN HILL BREWING COMPANY LLC
498 MINNESOTA VALLEY ELECTRIC COOPERATIVE
498 PRISCILA EID
498 LAKE COUNTRY DOOR LLC
494 MEGA BEER
494 MOTOROLA
494 FACTORY MOTOR PARTS COMPANY
486 DIVERSE BUILDING MAINTENANCE
480 METRO DINING CLUB
477 ESTATE OF ANITA NICHOLS
477 EARL F ANDERSON
477 INBOUND BREW CO
476 MINNESOTA FIRE SERVICE CERTIFICATION BOA
475 NATIVE RESOURCE PRESERVATION
473 WENANDE BRANDON
473 BEHL ANTHONY
472 JASPER ENGINEERING & EQUIPMENT COMPANY
468 WEX
465 56 BREWING LLC
462 CONSTRUCTION MATERIALS INC
458 BRO-TEX INC
457 BELLBOY CORPORATION
455 STERLING FENCE INC
450 PETERSON COUNSELING AND CONSULTING LLC
450 TWIN CITY MONUMENT CO
450 VINOCOPIA
445 ACE SUPPLY COMPANY INC
442 ALLEGRA PRINT & IMAGING
441 PREMIUM WATERS INC
440 JOHNSON, PHILLIP
428 SHAMROCK GROUP, INC - ACE ICE
427 ENVIRONMENTAL RESOURCE ASSOCIATES
427 NUTIFAFA YAKOR
425 TALEWISE LLC
423 PRYES BREWING COMPANY
420 BPAS
418 FASTENAL COMPANY
417 SHI CORP
415 STEEL TOE BREWING LLC
408 BIG STATE INDUSTRIAL SUPPLY INC
407 FASTENAL COMPANY
405 EMERGENCY TECHNICAL DECON
401 VESTIS SERVICES LLC
Amount Vendor Name Account Description Business Unit Comments400 GREGOIRE, DAVID
400 ANDERSON BILL
397 HENNEPIN COUNTY TREASURER
391 SHAMROCK GROUP, INC - ACE ICE
390 INBOUND BREW CO
387 RISE RIGHT LLC
385 QUALITY REFRIGERATION
385 INTERSTATE POWER SYSTEMS INC
378 THE ADVENT GROUP
375 I-STATE TRUCK CENTER
370 GREATAMERICA FINANCIAL SVCS
370 NOVACARE REHABILITATION
365 J H LARSON COMPANY
361 MODIST BREWING COMPANY
358 I-STATE TRUCK CENTER
354 MEGA BEER
352 WEX
351 GETSCHOW, RICK
350 SMALL LOT MN
348 COREMARK METALS
347 SUMMER LAKES BEVERAGE LLC
345 WEX
342 AM CRAFT SPIRITS SALES & MARKETING
338 NEW FRANCE WINE COMPANY
330 ST CROIX LINEN LLC
330 ST CROIX LINEN LLC
330 ST CROIX LINEN LLC
329 ELM CREEK BREWING COMPANY
324 HANNAH BROWN
324 TOLL GAS AND WELDING SUPPLY
320 HAGGARD BARREL BREWING COMPANY LLC
320 BERGMAN LEDGE LLC
320 LISA ROETTGER
320 MN DEPT OF TRANSPORTATION
318 GRAINGER
317 FOUNDATION BUSINESS SYSTEMS, LLC
312 BOYER TRUCKS
311 LUPULIN BREWING COMPANY
303 DELTA DENTAL
301 MINNESOTA CLAY CO. USA
299 BACK CHANNEL BREWING COLLECTIVE LLC
298 UNMAPPED BREWING CO
297 T-MOBILE
295 INDIGO SIGNWORKS, INC.
293 WEX
292 INVICTUS BREWING CO
292 WEX
292 MTI DISTRIBUTING INC
291 CORE & MAIN
290 NATIONAL BUSINESS FURNITURE
290 MINNESOTA FIRE SERVICE CERTIFICATION BOA
288 HACKAMORE BREWING COMPANY LLC
287 AMEE CENTRAL
283 QUALITY PROPANE
283 ALLEN'S SERVICE INC
282 DOMACE VINO LLC
281 COMCAST
277 RED BULL DISTRIBUTING COMPANY INC
277 RED BULL DISTRIBUTING COMPANY INC
Amount Vendor Name Account Description Business Unit Comments276 ASPEN MILLS
275 AMERICAN RED CROSS
272 ANNIE CHESTERFIELD
271 VAN PAPER COMPANY
270 OLSEN CHAIN & CABLE
270 MUEHLBAUER, THOMAS G
267 PROPIO LS LLC
267 STREICHERS
265 LEIFELD FRAMING
262 DIRECTV
261 WM CORPORATE SERVICES INC
260 BOURGET IMPORTS
252 THE ADVENT GROUP
251 INFRASERVICES
250 TARAANGINI SCHOOL OF DANCE LLC
250 MONTGOMERY BREWING COMPANY LLC
250 KOLAROVA, RADA
250 10,000 FOOT VIEW
250 GRAINGER
249 PITNEY BOWES
244 FOUNDATION THE
243 US BANK - PAYMODE
243 ASTLEFORD EQUIPMENT COMPANY INC
242 EDEN PRAIRIE NOON ROTARY CLUB
241 INSIGHT BREWING COMPANY LLC
240 PROPIO LS LLC
239 BEN CHERNEY
238 WEX
236 QUALITY PROPANE
235 RED BULL DISTRIBUTING COMPANY INC
235 WEBBER RECREATIONAL DESIGN INC
230 ECM PUBLISHERS INC
230 JESSICA CAREY
229 WEX
225 DOUG KAMPE
224 FERGUSON ENTERPRISES INC #1657
222 POLLARDWATER
221 DAKOTA SUPPLY GROUP INC
220 PDCM/DDP
218 STAPLES ADVANTAGE
218 SOCIABLE CIDER WERKS LLC
217 VANCO SERVICES
217 LUPULIN BREWING COMPANY
216 MINUTEMAN PRESS
213 COMCAST
213 COMCAST
213 VIKING ELECTRIC SUPPLY
212 ECM PUBLISHERS INC
207 LIBATION PROJECT
206 BOURGET IMPORTS
204 MR CUTTING EDGE
202 METRO ELEVATOR INC
200 PRYES BREWING COMPANY
200 SHAWNA BONAIME
200 JOSH KERR
199 BOYER TRUCKS
198 SMALL LOT MN
195 LARRY GLOWACKY
195 INBOUND BREW CO
Amount Vendor Name Account Description Business Unit Comments194 RIGID HITCH INCORPORATED
194 MODIST BREWING COMPANY
193 WINSUPPLY EDEN PRAIRIE MN CO
193 CITI-CARGO & STORAGE CO, INC
189 ACME TOOLS
186 HIRSHFIELD'S
186 CENTURYLINK
185 WINSLOW MONUMENT
183 ELLIS, ROBERT
182 CENTURYLINK
181 TUCKER DOUG
180 EDEN PRAIRIE ROTARY CLUB
180 ARBEITER BREWING COMPANY LLC
180 VENN BREWING COMPANY
180 AUDIOQUIP INC
178 SHERYL KANZENBACH
175 CITI-CARGO & STORAGE CO, INC
175 MRPA
171 A TO Z RENTAL
170 HAGGARD BARREL BREWING COMPANY LLC
169 UNITED REFRIGERATION
168 JOHN HENRY FOSTER MINNESOTA INC
167 ARCPOINT LABS OF EDINA
165 I-STATE TRUCK CENTER
165 AZTEC BP
163 LEONARD, MICHELLE
160 ADAMS PEST CONTROL INC
160 EMMA PAQUETTE
159 WEX
158 SITEONE LANDSCAPE SUPPLY, LLC
157 KARL STAUBLI
155 BLUE LINE CUSTOM GIFTS
155 ADVANCED GRAPHIX INC
154 HSR MSP LLC
151 S&S WORLDWIDE INC
151 S&S WORLDWIDE INC
150 56 BREWING LLC
150 KAISER, DAVID S
150 TRUDY LAPIC
150 MIKE FARREL
150 GARY DINGMANN
146 BRETT SOVAK
146 CINTAS CORPORATION #470
144 ECM PUBLISHERS INC
142 ALLEN'S SERVICE INC
142 DAVID LOWE
141 SHERYL SHARK
140 DEAN RIBICH
140 STEEL TOE BREWING LLC
140 FIRE SAFETY USA INC
140 FIRE SAFETY USA INC
140 LINDSEY VANDROVEC
139 TALKPOINT TECHNOLOGIES INC
139 LANO EQUIPMENT INC
138 SHRED RIGHT
137 TUSHAR GOSAVI
137 SUBURBAN CHEVROLET
136 WEX
133 DAXKO LLC
Amount Vendor Name Account Description Business Unit Comments132 GRIFFIN KELLEY
132 REXFORD ZACHARY
131 WOODEN HILL BREWING COMPANY LLC
130 COREY MCGARNESS
130 BARBARA BUEHL
129 LAW ENFORCEMENT LABOR SERVICES INC.
128 JOHNSTONE SUPPLY
128 GROTH MUSIC
128 TOM DEROUIN
127 JAMES UECKER
126 DONALD RANK
126 SCHLOSSMACHER, JIM
126 MINNESOTA ICE SCULPTURES LLC
126 STEVEN CONNELLY
123 DOMACE VINO LLC
123 ROD REYNOLDS
122 STERICYCLE INC
120 URBAN GROWLER BREWING COMPANY LLC
120 MINNESOTA SECRETARY OF STATE - NOTARY
119 COMCAST
119 NICOLINA MARZULLO
118 COMCAST
117 CLARK ERICKSON
116 RICHFIELD PRINTING INC
113 JENNA DOBROVOLNY
112 GAMIEL HALL
111 UZODIMA ABA-ONU
111 TESSA PLOURDE
110 MPX GROUP, THE
110 MPX GROUP, THE
108 AAA LAMBERTS LANDSCAPE PRODUCTS INC
105 PAFFY'S PEST CONTROL
99 REXFORD ZACHARY
99 MARILOU BROZ
97 COMCAST
97 TONY HARRIS
95 BATTERIES PLUS BULBS
95 VESTIS SERVICES LLC
94 STREICHERS
92 PARLEY LAKE WINERY
91 PAUL JEYARAJ
90 COMCAST
90 COMCAST
90 STAPLES ADVANTAGE
89 TABATHA PERRY
88 JILL CUMMINS
87 PETER ANDERSON
87 PAYCHEX
87 PAYCHEX
86 FAYE ULRICH
86 MARTA JOPP
84 PULTE HOMES OF MINNESOTA LLC
84 ROBERT CLAUS
83 BRUCE E MOYER
82 LAURIE BELKA
82 WEX
82 TODD KRENIK
81 CONCRETE CUTTING AND CORING
81 MOST DEPENDABLE FOUNTAINS
Amount Vendor Name Account Description Business Unit Comments81 GENEVA MACMILLAN
80 TYLER HEISTAND
80 JON MCIVER
80 CUB FOODS EDEN PRAIRIE
79 SHELLY BLADOW
78 ACE SUPPLY COMPANY INC
77 WILLIAM H DAVIS
76 COMCAST
76 JESSE JOHN
75 OPTUM HEALTH
74 MIDLAND IRA, INC FBO ROBERT SHAKER GILMAN
74 UPS
72 SARAH HOLUM
70 WM CORPORATE SERVICES INC
70 MIRIAM SWIRSKI-LUBIN
68 K&G INVESTMENTS, LLC
68 UPS
66 CAMPBELL KNUTSON, P.A.
65 WEX
65 YOUNGSTEDTS COLLISION CENTER
65 RICHFIELD PRINTING INC
64 MUNOZ, MEGAN
64 RALPH BAHR
63 MINNESOTA TROPHIES & GIFTS
62 ASPEN MILLS
61 ARCPOINT LABS OF EDINA
61 SAM RAVENS MIRAGLIA
60 QUICKSILVER EXPRESS COURIER
60 SAMIRA DZANIC
60 KALIDASAN THIYAGARAJAN
60 ERIN TENTIS-BERGLUND
60 ALLISON AVERY
60 HENNEPIN COUNTY WARRANT OFFICE
60 CUB FOODS EDEN PRAIRIE
57 MEREDITH KATE
56 STAPLES ADVANTAGE
56 JEFF SMITH
55 MN DEPT OF NATURAL RESOURCES
54 STAPLES ADVANTAGE
54 VERMONT SYSTEMS, INC
54 LINDAHL, DAVID
53 ASPEN MILLS
51 COMCAST
50 VOYA
50 VOYA
50 VOYA
48 ROSELEE WONDRA
48 RAMIT AGARWAL
45 BLUE LINE CUSTOM GIFTS
45 MINNESOTA POLLUTION CONTROL AGENCY
45 PRAIRIE LAWN AND GARDEN
44 HANNAH POGULIS
44 MIKKELSON, GRACE
40 CAROLYN POST
40 VERIZON WIRELESS
37 ROBERT M ADAMS
37 FEDERICO RODRIGUEZ
35 WEX
35 OLSEN CHAIN & CABLE
Amount Vendor Name Account Description Business Unit Comments34 COMCAST
33 EN LEE
32 NATASHA ANDERSON
32 MINNESOTA DEPT OF HEALTH
31 JUSTIN ARNESON
30 DION SONG
30 ANDY DIAZ MICHAUS
29 WEX
29 JEREMIAH KOCHER
29 NICOLE ZERULL
28 MICHAEL BEHRENDT
26 TOLL GAS AND WELDING SUPPLY
26 WEX
24 TOWN LAW CENTER PLLP
24 ASHLEY SATHER
24 A TO Z RENTAL
24 DAN SCHMID
23 BILL KUNZ
23 ROBERT KETTERLING
23 MINNESOTA DEPT OF HEALTH
22 SPOK, INC.
22 PILGRIM DRY CLEANERS INC
21 ASHMITA SRIVASTAVA
21 SAEED RAHIMI
21 KNUDTSON CHRIS
20 KATHRYN SMITH
19 GURURAJA BASAVANTRA BIRADAR
19 ANDREW RICHTER
19 SHRED RIGHT
19 SHRED RIGHT
19 LYNETTE HOKE
18 MONEY MOVERS INC
18 JENNA OLSON
17 WAYNE LINDSAY
16 MIKE BACHMAN
16 LESLIE BLACKOWIAK
16 THOMAS LUNDIN
16 PAYCHEX
15 KARI CRIBBS
15 MINNESOTA VALLEY ELECTRIC COOPERATIVE
15 CARSTEN OCONNOR
14 SUSAN ZAUGG
14 MADISON, MELISSA
14 PAUL MCINTOSH
13 NELSON, ROBIN
13 ANTONIO LUNGAY
12 DAVIS HOMES LLC
12 JAN HENDRICKS
12 THOMAS WALLER
11 DEAN BAILLIF
11 SOHAIL SOBHANI
11 HANCO CORP
10 CULLIGAN BOTTLED WATER
10 SCOTT DERICKSON
10 KAREN LUNDBERG
10 MANISHA SHAH
10 WEX
9 DARRYL STANG
9 ERIC CARLSON
Amount Vendor Name Account Description Business Unit Comments9 BJARNIE R ANDERSON
9 DANIEL GRUENSTEIN
9 BRIAN SCHULENBURG
8 PAUL WILSON
8 PRAIRIE LAWN AND GARDEN
8 RIGID HITCH INCORPORATED
7 NCR PAYMENT SOLUTIONS,PA, LLC
7 JULIE CLEM
7 BRITTANY HANCOCK
7 SEAN HAUNG
7 VIOLA MEUWISSEN
7 SHERRIL GRUNSTEN
6 HEATHER SHERLOCK
6 CARLA PRINCEV
6 TIM BUSS
6 PATRICK CONNELLY
6 ANNE BORRESON
5 WEX
5 JEROEN HOOGENDOORN
5 CHRISTINE EHRLICH
5 LISA BREDEMEIER
4 COMCAST
3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE
2 FIDELITY SECURITY LIFE INSURANCE CO
1 LEONARD, MICHELLE
14,934,938 Report Total
City Council Agenda Cover Memo
Date: August 12, 2025
Section: Ordinances and Resolutions
Item Number: X.A.
Department: City Attorney
ITEM DESCRIPTION
First reading of ordinance amending City Code Section 2.05 relating to salaries of the Mayor
and Council Members
REQUESTED ACTION
Approve the first reading of an ordinance amending City Code Section 2.05 relating to salaries
of the Mayor and Council Members
SUMMARY
Pursuant to direction from the Council, attached is an ordinance amending City Code Section
2.05 that would implement one-time increases to the base salary of the Mayor and Council
Members. The Mayor’s salary will be increased by $2,000 and salaries of Council Members will
be increased by $1,000. Because Minnesota Statutes § 415.11 allows salary increases to take
effect only after the next municipal election, these increases will be effective January 1, 2027.
Section 2.05 currently provides for biannual increases to the salary of the Mayor and Council
Members that are tied to the percentage increase in the Compensation Limit for Local
Government Officials (the so-called “Governor’s Salary Cap”). Because the Governor’s Salary
Cap was repealed by the Minnesota legislature in 2023, this metric is no longer applicable or
available. The proposed ordinance instead ties the amount of these increases to the Consumer
Price Index for All Urban Consumers, published by the U.S. Department of Labor. These
biannual increases continue to be effective on January 1 after the preceding regular City
election, held in even-numbered years.
ATTACHMENTS
Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2025-____ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 RELATING TO SALARIES OF THE MAYOR AND COUNCIL
MEMBERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 2, Section 2.05, Subdivision 1, is hereby deleted in its entirety and replaced with the following: Subd. 1. The annual salary of the Mayor shall be $18,260.00 until December 31, 2026,
and thereafter the annual salary of the Mayor shall be $20,260.00, subject to increases as
provided in subdivision 3.C. Section 2. City Code Chapter 2, Section 2.05, Subdivision 2, is hereby deleted in its entirety and replaced with the following:
Subd. 2. The annual salary of each Council Member shall be $14,137.00 until December 31, 2026, and thereafter the annual salary of each Council Member shall be $15,137.00, subject to increases as provided in subdivision 3.C.
Section 3. City Code Chapter 2, Section 2.05, Subdivision 3, Item C, is hereby deleted in its
entirety and replaced with the following: C. Following the regular City election held in 2026, and following each subsequent regular City election the salary of the Mayor and each Council Member shall be
adjusted following the City election to become effective January 1 in a percentage
equal to the total percentage increase since the last salary adjustment contained in the United States Department of Labor Consumer Price Index (November report) for All Urban Consumers - U.S. city average, All Items.
Section 4. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 5. This ordinance shall be in effect from and after the date of its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _____day
of ______________, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of ____________, 2025.
____________________________ ______________________________
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ______day of ________, 2025.